TERMS AND CONDITIONS OF COMMISSIONING AND REPRODUCTION OF PICTURES FROM MARCIN JUCHA PHOTOGRAPHY

1. Terms and Definitions:

(a) picture includes a photograph, images, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction;

(b) 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) xerography, artist's reference, artist's illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means;

(c) the Photographer (otherwise known as Marcin Jucha) is the Author of the photograph or the Photographer.

(d) the Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party);

 (e) These terms and conditions represent the entirety of the agreement between Marcin Jucha Photography and the Client. Any variation is only applicable when agreed in advance and in writing;

2. Copyright and Ownership of Materials:

(a) The entire copyright in the pictures is retained by the Photographer, Marcin Jucha at all times throughout the world;

(b) Title to all photographs remains the property of the Photographer;

(c) Images will be licensed for use for a specified period. The Photographer reserves the right to make an additional charge for continued use after this period;

(d) The Photographer, supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context.

(e) Marcin Jucha asserts both his moral right to be identified as the author of his work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988;

3. Use and Reproduction:

(a) The License to Use only comes into effect once full payment of the invoice has been made. No use may be made of the images until full and final payment  has been received by Marcin Jucha Photography;

(b) Permission in writing may be granted for image use before payment, however this permission will be immediately revoked if payment of the invoice is not made by the timescale stated on the invoice;

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

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

(e) 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;

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

 (g) In the case of printed publications, two copies of the relevant pages containing any picture supplied are to be furnished to Marcin Jucha Photography free of charge within two weeks. In other media, evidence of use must be made available if requested;

(h) On the Client's death or bankruptcy or (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, Marcin Jucha Photography may at any time thereafter inspect any records, accounts and books relating to the reproduction of its pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.

4. Booking and Cancellation:

(a) The Client will be required to complete a Booking Form , Marcin Jucha Photography will send an email as confirmation. The booking will then be considered Confirmed.

(b) Once the Client has made a booking for a specific time and date and this date/time has been Confirmed, Marcin Jucha Photography will not accept any other work from other clients for those times and dates;

6. Payment Terms:

(a) Our payment terms are strictly net 14 days (two weeks) unless agreed in advance and in writing;

(b) If payment is not made in accordance with (a) above then Marcin Jucha Photography may rescind any Agreement and recover damages, or, at its option, may exercise its statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998;

(c) A fee of £10 (No VAT) will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuance of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices;

(d) The Client's right to reproduce a picture arises only when Marcin Jucha Photography invoice relating to the grant of such right is fully paid. Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling Marcin Jucha Photography to rescind the Agreement and rendering the Client liable for the payment of damages;

7. Rejection:

(a) Marcin Jucha Photography will edit every take and deliver what it considers to be the best of every situation covered;

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

8. Liability and Indemnity:

(a) While Marcin Jucha Photography takes all reasonable care in the performance of this agreement generally, it shall not be liable for any loss or damage suffered by the Client of by any third party arising from use or reproduction of any picture or its caption;

(b) The Client agrees to indemnify Marcin Jucha Photography in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by Marcin Jucha Photography;

(c) It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Marcin Jucha Photography gives no warranty or undertaking that any such rights, model releases or consents have 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 issued or reproduced by or with the authority of the Client then the Client shall indemnify Marcin Jucha Photography against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.

9. Applicable Law:

(a) This Agreement shall be subject to and constructed according to English Law and the parties agree to accept the exclusive direction of the Courts of England;

(b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.

(c) Email communication constitutes a contract in law, unless the Client specifically states they will not accept this and instead provides hardcopy paperwork of all relevant agreements and contracts.

10. Client Confidentiality:

The Photographer and Marcin Jucha 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 Marcin Jucha Photography to carry out their obligations in relation to the commission.

Making Payment

Our terms are strictly net 14 days (two weeks) unless agreed in advance.

Payment by BACS is preferred and bank details will be provided on our invoice. We also accept payment by PayPal or Card via our website. Please note, when making payment by cheque, proof of postage of remittances is not considered proof of receipt, and clients are advised to send payment by any method affording proof of delivery.