Terms & Conditions

TERMS AND CONDITIONS OF SUBMISSION AND REPRODUCTION OF PICTURES

1. In this agreement the terms (a) PICTURE includes a photograph, transparency, negative, digital image, montage, drawing, artwork, painting, design, engraving or any other product the supplier may offer for the purpose of reproduction; (b) Reproduction includes any form of publication or copying of whole or part of any picture whether by printing, photography, slide projection (including to an audience), artists reference, xerography, artist illustration layout or presentation, electronic or mechanical reproduction or storage by any other means.

2. No variation of terms or conditions set out herein shall be effective unless agreed in writing by both parties.

3. Pictures are supplied on LOAN and no property or copyright in any pictures shall pass to the client whether on its submission or on the supplier’s grant of reproduction rights in respect thereof.

4. [a] REPRODUCTION RIGHTS (if and when granted) are strictly limited to the use, period or time and territory specified on the suppliers invoice and unless otherwise agreed in writing relate to a single publication in one size with text (if included) in one language only.
[b] Reproduction rights are not granted exclusively to the client except when specified on the invoice.
[c] Reproduction rights granted are PERSONAL to the client and may not be assigned, nor may any picture be 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.
[d] Any reproduction rights granted are by way of licence and no partial assignment of copyright shall be implied.

5. [a] Until the supplier has invoiced the reproduction fee neither party is committed to grant or to acquire any reproduction rights in any picture. After a fee has been agreed and an invoice issued there is a firm and binding contract whereby the supplier is committed to grant REPRODUCTION RIGHTS and the client to acquire them. If after such invoicing but before payment, the client requests CANCELLATION of the reproduction rights the supplier may in its discretion cancel subject to the client paying a cancellation fee.
[b] The client’s RIGHT TO REPRODUCE a picture arises only when the supplier’s invoice relating to the grant of such rights is fully paid. Any reproduction before payment of the invoice constitutes an infringement of rights and breach of this agreement entitling the supplier to rescind the agreement and rendering the client liable for the payment of damages.
[c] The client agrees to INDEMNIFTY the supplier in respect of claims or damages or any loss or costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the client by the supplier.

6. [a] The supplier’s invoice shall be paid within 30 days of issue save in the case of newspaper, periodical and broadcasting clients where PAYMENT shall be made no later that the end of the calendar month immediately succeeding publication or use.
[b] If payment is not made in accordance with (a) above then the supplier may rescind this agreement and recover damages, or, at its option, may charge interest on the overdue AMOUNT at 6% per month on the outstanding balance.

7. On the client’s DEATH or BANKRUPTCY of (if the client is a company) in the event of a resolution, petition or order for winding-up being made against it, or if a receiver is appointed, the supplier may at any time thereafter inspect any records, accounts and books relating to the reproduction rights of the supplier’s pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the client.

8. [a] Unless otherwise agreed in writing, if any picture reproduced by the clients omits the COPYRIGHT NOTICE or CREDIT LINE specified by the supplier, the reproduction fee payable by the client shall be subject to an increase of 25%
[b] THE RIGHT TO A CREDIT IS ASSERTED in accordance with sections 77 and 78 Copyright, Designs and patents act 1988.

9. No addition to, deletion from or alteration to or adaptation of a picture may be made without permission of the supplier.

10. In the case of printed publications, two copies of the relevant pages containing any picture supplied are to be furnished to the supplier by the client free of charge within two weeks. In other media evidence of use must be made available if requested.

11. While the supplier takes all reasonable care in the performance of this agreement generally, the supplier shall not be liable for any loss or damage suffered by the client or any third party arising from the use or reproduction of any picture or its caption.

12. It is the client who must satisfy himself that all necessary rights, model releases or consents which may be required for the reproduction, are obtained and it is acknowledged that the supplier gives no warranty or undertaking that any such rights, releases or consents are or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any picture. In the event that the picture is used or reproduced by or with authority of the client then the client shall indemnify the supplier against any loss, damage, proceedings or costs where such rights, releases or consents have not been obtained.

13. Professional Sport are Premier League and Football League licensed photographers, and adhere to the Premier and Football Leagues guidelines for picture usage. Therefore no Premier League or Football League pictures may be used for any commercial purposes whatsoever without prior consent from the Premier League or the Football League & Professional Sport.

14. This agreement shall be subject to and construed according to English law and the parties agree to accept the exclusive jurisdiction of the Courts of England.