All references in this agreement to the term ‘Client’ shall refer to the person(s) or company directly employing the photographer, or, where the client is not a direct client, i.e., a third party or agency, that third party or agency shall be interpreted as the ‘Client’. By hiring Jonny Raby for photographs, products, services, etc., you, the Client, agree to the following terms and conditions in perpetuity:

Agreement

The agreement between the photographer and client governs the assignment described in the accompanying estimate and, along with these terms and conditions, constitutes the entire agreement between the parties concerning the assignment.

Rights of client to reproduce the images:

The client, on payment of the invoice, is granted rights/license for all photographs for the specific use as agreed with the photographer. Territory and period of use to be agreed in advance between the client and photographer. Photographs produced for the Client may be used for all marketing and self-promotion through electronic and printed forms associated with the specified property. Direct advertising usage must be negotiated and agreed with the photographer, Jonny Raby, on a separate basis. The client will not make any alterations to the images without written permission from the photographer, Jonny Raby. Please note that the ownership and subsequent copyright of the photographs remain with Jonny Raby.

The photography fee includes 2 licenses for use of the images in perpetuity. For example, one license for the client and one for the client, PR agency, or even another contractor. This only allows images to be used in relation to the original promotion and product, property, or persons. Should additional licenses be required, this should be done through Jonny Raby for an additional fee. If the second license is not assigned before the shoot, the client MUST inform the photographer, for his records, before sharing any images with a subsequent party. Rights to use the images for editorial purposes must be purchased at an additional fee.

Limitation on third party use:

A license is granted only to the paid client and not to any third party. Any third party, including but not limited to architects, builders, designers, and all contractors involved with the project, interested in usage of photos may contact the photographer or authorised agent, Jonny Raby, for licensing fees. The client may not resell, copy, transfer, etc. any of the photographs owned by Jonny Raby to a third party. The only exception to third-party use is project photographs of a private residence to the homeowner. The client may give homeowners a copy of images for personal use.

License to use and third party use exclusions:

The license to use images only applies to the ‘Client’, as agreed at the time of commission. The Photographer must give permission or agreement before any benefit of the license or any use of images can be assigned to any third party. The license to use the images comes into effect from the date of payment of the relevant invoice. Provisional license to use the images is granted for a period of 30 days from the date of delivery. The license is immediately revoked if payment of the relevant invoice for the images is not made within 30 days or if the Client is put into receivership or liquidation. Any unauthorised third-party use of the photographs will be seen as a breach of UK copyright law and pursued accordingly. Using an image without a valid license is considered copyright infringement in violation of the Copyright, Design, and Patents Act of 1988.

Social media usage:

If published or used on social media, photography credit must be given to Jonny Raby (@jonny.raby on Instagram) as a tag.

Editorial usage:

If a client would like to use their images for editorial purposes, including publications and magazines, they can purchase the rights to do this at an additional fee. If the editorial company offers to pay the photographer a fee, the client fee will be waived. If a client passes on their images for editorial purposes without paying this fee, a double fee will be charged to them with immediate effect.

Copyright / retention of image rights:

All images/digital files remain the copyrighted property of the photographer, Jonny Raby. The photographer, Jonny Raby, owns all images/digital files and their copyrights unless otherwise stated in writing. The photographer, Jonny Raby, holds the right to publish & use photos taken for advertising & self-promotion. This includes the right to place the images within a stock library/agency for further sales/license purposes. This agency has the right to license the images for possible worldwide non-exclusive use. The Client agrees to allow the photographer, Jonny Raby, to display and post online photographs, project information, and Client information at the photographer's discretion. Client name may be used for the photographer, Jonny Raby's self-promotion unless asked otherwise. The photographer, Jonny Raby, is not responsible for the posting of images to third-party websites. The photographer, Jonny Raby, is not responsible for issues or complaints in the event of decreased quality on a third-party website.

General terms:

Prices subject to change without notice. The listed terms and conditions represent the only contract between the photographer, Jonny Raby, and the Client (unless specified otherwise.) Terms and conditions subject to revision. The photographer, Jonny Raby, is an independent contractor and not the Client's employee. The Client is not an agent for the photographer, Jonny Raby, and cannot make agreements on his behalf.

Author right to credit of images:

All published usages, either in print or electronic of images taken by the photographer, Jonny Raby, shall be accompanied by a written credit to Jonny Raby within reasonable proximity of the image(s). The Photographer, Jonny Raby, asserts his/her statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.

The Commission:

By scheduling a shoot with Jonny Raby, the Client and property owner agree to the property photography release without signature. The Client or representative of the Client should be present at the shoot to give access to the property and discuss shots needed and other considerations and requests. If the Client cannot be present, then a written brief to specify exact shots desired must be delivered no later than 24 hours prior to the shoot. Directions or briefs will not be accepted over the phone.

Rejection:

The client has no right to reject the supplied images/commission on the basis of style, composition, or subsequent non-requirement of images.

Payment Terms and Late Fees:

Late Payment Fees: In the event that the client fails to make the payment within [Z] days of the date specified in the invoice, a late payment fee of [A]% of the total outstanding amount will be applied for each week the payment remains outstanding.

Acceptable Payment Methods: Payments are accepted via bank transfer.

Non-Payment Consequences: In the event of non-payment within 30 days of the final payment due date, Jonny Raby reserves the right to withhold the delivery of the final photographs until full payment is received. Additionally, Jonny Raby reserves the right to take necessary legal action to recover the outstanding amount, and the client shall be liable for all costs associated with the collection of the debt, including but not limited to legal fees and court costs.

Revisions and Additional Fees: Any additional services or revisions requested by the client, not included in the original scope of work, will be subject to additional fees, to be agreed upon by both parties in writing before the commencement of such services.

Cancellation / Postponement:

An assignment booking is considered agreed and firm from the date of the confirmation; therefore, the Photographer, Jonny Raby, will, at his/her discretion, charge a fee for cancellation or postponement. In view of Cancellation, the Client will pay for ALL expenses incurred up to the time of the cancellation of the commission. In addition, the Client will be charged at 50% of the agreed rate if the commission is canceled less than two weeks prior to the commission, and 100% of the fee if less than 24 hours. Postponement. Unless agreed in writing, the Client will be charged 100% of the agreed rate for the commission if postponement occurs after.

Variation

These Terms and Conditions shall not be varied except by agreement in writing.