TERMS & CONDITIONS

Terms & Definitions:

The Photographer (otherwise known as Kathryn Polley) is the Author of the Photograph;

For the purpose of this agreement the ‘Client’ will mean the individual or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party);

Any reference to ‘pictures’, ’images’, ‘photographs’, or ‘work’ means any and all material supplied by Kathryn Polley Photography whether transparencies, negatives, prints, digital files, drawings, graphic design, or any other type of physical or electronic material in existence now or yet to be developed which may be offered for the purposes of reproduction;

Reproduction includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, slide projection (whether or not to an audience), artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means;

Kathryn Polley Photography administers the licensing of works by the photographer: Kathryn Polley;

All contracts verbal or written are only accepted on the basis that these Terms & Conditions represent the entirety of the agreement between Kathryn Polley Photography and the Client.  Any other variants to these Terms & Conditions are only applicable at such time as they have been agreed in advance and in writing;

Copyright & OwnershiP:

In all cases, the entire copyright in the pictures is retained by the Photographer, Kathryn Polley, at all times throughout the world and is administered by Kathryn Polley Photography;

Title to all works supplied remains the property of the Photographer;

Where reproduction of Works has taken place and settlement has not been made, Kathryn Polley Photography will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988;

In most cases, images will be licensed for use in perpetuity. Some commerical licences may be issued for a specified time period only.  This will be detailed in a Usage Licence. Where a Usage License has expired, the images should be returned to the Photographer and a written undertaking given that all digital files have been destroyed. The Client is expected to comply with this requirement within 30 days of expiration of the Usage License. The Photographer reserves the right to make an additional charge for continued use after this period; 

Kathryn Polley Photography supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or on Kathryn Polley Photography’s grant of reproduction rights in respect thereof;

Kathryn Polley asserts both her moral right to be identified as the author of her work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988;

Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice or credit line specified by Kathryn Polley Photography any fee payable by the Client shall be subject to an increase specified by Kathryn Polley Photography, and in any event an increase of not less than 25%;

Use & Reproduction:

The Usage License comes into effect once images have been approved by the client and full payment of the invoice has been made. No use may be made of the images until full and final payment – including any late payment charges that may have been levied – has been received, unless otherwise agreed in advance and in writing;

Kathryn Polley Photography reserves the right to make a charge of 50% of the original invoice (excluding expenses) when images are used before full payment has been received where such use has not been agreed in advance and in writing;

Where permission in writing has been granted for image use before payment, this permission will be immediately revoked if payment of the invoice is not made by the timescale stated on the invoice;

Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on Kathryn Polley Photography’s invoice. An agreement must be reached with Kathryn Polley Photography before the pictures are used for a different purpose or after the Usage License has expired;

Reproduction rights are not issued exclusively to the Client except when specified on the invoice;

Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights;

Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied;

Kathryn Polley Photography reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client;

In the case of printed publications, at least one copy of the relevant pages containing any picture supplied are to be furnished to Kathryn Polley Photography free of charge within two weeks. In other media, evidence of use must be made available if requested;

Definition of Reproduction Rights:

Personal Use: the right to use the photographs to make unlimited prints or digital copies including for public display on websites and social media for non-profit purposes. A personal use license excludes use which results in financial gain such as advertising, stock photography, print sale profits or resale;

Internal Use Only: the right to use the pictures only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to to the public; exhibition within the Client’s premises; editorial use in the Client’s intranet site;

PR, Press and Distribution: the right to use the pictures as described for Internal Use Only, plus a licence for third parties to reproduce such pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication;

Specified Use Only: the right to use the pictures once only for the purpose as described on the invoice.

Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an editorial context only;

Commercial: the right to use the pictures to create merchandise, to use in film or television, in publications which are sold, and for online or offline advertisements and commercial promotions of the product or service;

Exclusivity:

Unless agreed to in writing on the Usage License and/or the Invoice no exclusivity is given or implied to The Client, and Kathryn Polley Photography retains the right in all cases to use or sell the Photographs; 

Booking & Cancellations:

No booking form is required and the Client may book work from Kathryn Polley Photography verbally or by email. A booking fee of £50 is payable before the shoot to confirm the booking and recipe will be acknowledged by email. The booking fee will be deducted from the final bill;

Once the Client has made a booking for a specific time and date and this date/time has been confirmed, Kathryn Polley Photography will not accept any other work from other clients for those times and dates;

Consquently, after a booking has been confirmed, if it is subsequently cancelled, a cancellation fee will be charged as follows:

Kathryn Polley Photography will retain the booking fee for any cancellations between two weeks and ten days before the booking;

A confirmed booking cancelled within less than 10 business days  of any confirmed date, will attract a fee of 50% of the booked time rate;

A confirmed booking cancelled within less than 3 business days  of any confirmed date, will attract a fee of 75% of the booked time rate;

In addition to this cancellation fee, the client will be charged for any expenses already incurred by Kathryn Polley Photography;

If the Client cancels the shoot more than two weeks before the planned shoot, the £50 booking fee will be returned if it cannot be rescheduled;

If Kathryn Polley Photography – with the agreement of the client – cancels a shoot due to inclement weather/lighting conditions or any other reason beyond Kathryn Polley Photography’s control and the client is unable or unwilling to arrange or agree a suitable new date within either a reasonable and mutually agreed timescale OR 1 calendar month, then the client will be liable to pay 50% of the booked time rate plus any expenses already incurred by Kathryn Polley Photography;

Payment Terms:

Payment should be made by BACS as per the details on the invoice, and  within 30 days of the date of the invoice sent to the Client, unless agreed in advance and in writing;

Rejection:

Kathryn Polley Photography will edit every take and deliver what it considers to be the best of every situation covered;

Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing;

Client Confidentiality:

The Photographer and Kathryn Polley Photography will keep confidential and will not disclose to any third parties or make use of information communicated to them in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer or Kathryn Polley Photography to carry out their obligations in relation to the commission;

Rush Fees:

Where a job is required to be done with a deadline to produce work within 48 hours or less, a rush fee of 25% of the total invoice will be applied. 

DISCLOSURE SCOTLAND

Kathryn Polley is a PVG Scheme Member.

PRIVACY POLICY

This purpose of this Privacy Policy is to explain how we collect, process and store any personal data that we may obtain from you. Kathryn Polley Photography will protect the confidentiality of any information provided to us by you and the privacy of any individual using our website.

USE & COLLECTION OF PERSONAL DATA

You may visit our website without having to share any of your personal data. In order to process orders or provide any specific information requested by you, however, information such as your contact details may be requested. This data will be stored on our computer, will not be shared with third parties and will be treated as confidential.

We collect your personal data for e-mail marketing when you give consent by subscribing to our mailing list via the opt-in sign-up form on our website. We will send you a newsletter approximately once a month and it may include information on new products, special offers and promotions. We do not pass your information on to other companies and you may opt out of receiving these e-mails at any time by selecting the ‘unsubscribe’ option featured in all of our e-mails to you.

YOUR RIGHTS

You have the right to request a copy of any personal data about you held by Kathryn Polley Photography at any time by contacting us at the following address: Kathryn Polley Photography, 2 James Street, Flat 1, Helensburgh, Argyll & Bute, G84 8AS

You have the right to contact us to let us know of any incorrect information we hold about you. You have the right to the erasure of any of your data held by Kathryn Polley Photography. You have the right to object to or restrict the processing of your personal data by Kathryn Polley Photography