Terms and Conditions of Service
Please read these terms carefully, and consider printing and keeping a copy of them for your reference.
Terms and Conditions of the Commissioning and Reproduction of Photographs from Glenn Bennett photography or Subsidiaries.
1. Meanings of terms.
(a) Image, Picture, Photograph, Photo: all visual representations furnished to the Client by Glenn Bennett Photography, whether captured, delivered, or stored in photographic, magnetic, optical, electronic, or any other media. Can include a photograph, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of illustration and/or reproduction.
(b) Reproduction: includes any form of publication or copying of the whole or part of any picture, 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 Client: the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party).
(d) Glenn Bennett Photography is a trading name of Glenn Bennett.
(a) The entire copyright in the pictures is retained by Glenn Bennett at all times throughout the world.
(b) Glenn Bennett Photography supplies photographic services, and sells the rights for reproduction of the images in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or on Glenn Bennett Photography's grant of reproduction rights in respect thereof.
(c) Glenn Bennett asserts 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 the Copyright, Designs and Patents Act 1988.
(d) Unless otherwise agreed in writing, if any picture reproduced by the Client omits the copyright notice or credit line specified by Glenn Bennett Photography, any fee payable by the Client shall be subject to an increase specified by Glenn Bennett Photography, and in any event an increase of not less than 25%.
(a) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified by agreement. A further agreement must be reached with Glenn Bennett Photography before images may be used for different purposes, or after the licence to use has expired.
(b) Reproduction rights are not issued exclusively to the Client except when otherwise specified.
(c) 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.
(d) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.
(e) Glenn Bennett 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.
4. The following terms are used when describing the reproduction rights granted to the Client:
(a) Internal Use only: The right to use the pictures only within a business for non-commercial purposes; inclusion within in-house publications not normally available to the public; exhibition within the Client's premises; editorial use in the Client's intranet site.
(b) PR and Press distribution: The right to use the pictures as described in 4(a); 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.
(c) Specified Use Only: The right to use the pictures once only for the purpose as described in the license.
(d) Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an editorial context only.
(a) Risk of damage to, and responsibility for, any original transparencies, prints or artwork passes to the Client from the time they are received until their safe return. The Client shall immediately inform Glenn Bennett Photography in writing of any loss, misuse of, or damage to the images while in the Client's possession, or that of any third party. If any image is not returned within four weeks of the date for return then Glenn Bennett Photography may presume it to be lost.
(b) The Client shall be liable to pay compensation to Glenn Bennett Photography in respect of each image lost or damaged. Payment of compensation does not confer any rights in any picture. Compensation charges for lost or damaged photographs are available from Glenn Bennett Photography upon request. The Client is recommended to request these figures, and to take out insurance to cover the expected value of the photographs concerned.
(a) Once a booking for a specific time and date has been made, Glenn Bennett Photography will reserve those times and dates solely for that booking.
(b) Consequently, once a booking is made, if it is subsequently cancelled, a cancellation fee will be chargeable to the client on the following scale:
If a client cancels a booking within two weeks of a confirmed date, a fee of 50% of the booked time rate will be charged.
If a client cancels within one week of any confirmed date, a fee of 100% of the booked time rate will be charged.
In addition to this cancellation fee, the client will be charged for any expenses already incurred by reason of preparations for the booking.
(a) Until an invoice has been issued for the reproduction fee, neither party is committed to grant or acquire any reproduction rights in any image. After a fee has been agreed, and an invoice issued, there will be a firm and binding contract whereby Glenn Bennett Photography agrees 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, Glenn Bennett Photography may, at its discretion, cancel subject to the Client paying a cancellation fee.
(b) The Client's right to reproduce an image arises only when the invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or invoices). Any reproduction prior to payment of the invoice constitutes an infringement of rights and a breach of Agreement, and will entitle Glenn Bennett Photography to rescind the Agreement. This may render the Client liable for the payment of damages.
(c) If payment is not made in accordance with (a) above, then Glenn Bennett Photography may rescind this Agreement and recover damages, or, at its discretion, may exercise its statutory right to Interest under the Late Payment Of Commercial Debts (Interest) Act 1998.
(d) If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 30 days from the issue date, and Glenn Bennett Photography may consider these invoices as overdue if pursuing legal action for the recovery of said debts.
(e) A fee may be charged for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursual of a debt. Such a fee will be non-refundable, and represents the additional time spent pursuing overdue invoices.
(f) Glenn Bennett Photography reserves the right to suspend ongoing services, if any invoice issued to a Client becomes overdue. If this suspension of service affects any third party, Glenn Bennett Photography also reserves the right to inform such third parties as this suspension of service might affect.
In the event of 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 be appointed, Glenn Bennett Photography may at any time thereafter inspect any records, accounts or books relating to the reproduction of its images, to ensure that the photos are being used only in accordance with the reproduction rights granted to the Client.
(a) Glenn Bennett Photography will edit every Photo Shoot, and deliver only the material it considers to be the best of every situation covered. As a result, contact sheets (or their digital equivalent) will only be supplied to the client in exceptional circumstances.
(b) No addition to, deletion from, alteration to or adaptation of any photograph may be made without the express written permission of Glenn Bennett Photography.
(c) Unless a rejection clause has been agreed in advance, there is no implied right on the part of the Client to reject work on the basis of style, composition or editing. The Client will be charged 100% fee plus expenses for any reshoot required by the Client. For any reshoot necessitated by any reason outside the control of the Client, specifically including but not limited to acts of God, nature, war, terrorism, civil disturbance or the fault of a third party, Glenn Bennett Photography will charge no additional fee, and Client will pay all expenses.
In the case of publication in print, three copies of the relevant pages containing any supplied images are to be furnished to Glenn Bennett Images, free of charge, within two weeks of publication. In other media, evidence of use must be made available if requested.
(a) While Glenn Bennett Photography will take all reasonable precautions in the performance of the services referred to in this agreement, it shall not be liable for any loss or damage suffered by the Client, or by any third party, arising from use or reproduction of any photograph or its caption.
(b) The Client agrees to indemnify Glenn Bennett Photography against any claims for damages, or costs of any manner whatsoever, arising from the reproduction without proper reproduction rights of any picture supplied to the Client by Glenn Bennett Photography.
(c) It is the Client's responsibility to satisfy themself that all necessary rights, model releases, or consents which may be required for reproduction, are obtained. It is further acknowledged that Glenn Bennett Photography gives no warranty or undertaking that any such rights, 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 any picture issued or reproduced by or with the authority of the Client results in a dispute, then the Client shall indemnify Glenn Bennett Photography against any loss, damage, proceedings or costs where such rights, releases or consents have not been obtained.
(a) This Agreement shall be subject to and construed 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.
Payment should normally be made by crossed cheque made payable to "Glenn Bennett". BACS details will be supplied with our invoice. 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.
Payment terms are strictly net 28 days (four weeks) unless agreed in advance and in writing.