Terms & Conditions
TERMS AND CONDITIONS OF COMMISSIONING AND REPRODUCTION OF PICTURES FROM RED DRAGON PHOTOGRAPHY
1. In this Agreement the terms
(a) picture includes a photograph, 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 Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party).
(a) The entire copyright in the pictures is retained by Martin H. Williams of Red Dragon Photography at all times throughout the world.
(b) Red Dragon 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 Red Dragon Photography’s grant of reproduction rights in respect thereof.
(c) Martin H. Williams asserts both his moral right to be identified as the author of his work and the right to a credit is asserted.
(d) The online image gallery will be available for 3 months following the upload date.
(a) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on Red Dragon Photography’s invoice.
(b) Reproduction rights are not issued 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 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) Red Dragon 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.
(a) Once the Client has made a booking for a specific time and date, Red Dragon Photography will not accept any other work from other clients for those times and dates.
(b) As a result, once a booking is made, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule. When a client cancels a booking within two weeks of any confirmed date, a fee of 50% of the booked time rate will be charged. When a client cancels photography within one weeks 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 Red Dragon Photography.
(a) Until Red Dragon Photography has invoiced the reproduction fee neither party is committed to grant or 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 Red Dragon Photography 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 Red Dragon Photography 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 Red Dragon Photography’s 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 before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling Red Dragon Photography to rescind the Agreement and rendering the Client liable for the payment of damages.
(c) If payment is not made in accordance with (a) above then Red Dragon Photography may rescind this Agreement and recover damages.
(e) 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 that Red Dragon Photography may consider these invoices as overdue when pursuing legal action for the recovery of said debts.
(d) A fee of $40 will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursual of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.
(e) Red Dragon Photography reserves the right to suspend ongoing services, such as (but not limited to) the Downloadable Web Page or other distribution of pictures, once any invoice issued to a Client becomes overdue, and also reserves the right to inform the reason of this to third parties to whom this suspension of service affects.
(a) Red Dragon Photography will edit every take and deliver what 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 or alteration to or adaptation of a picture may be made without the written permission of Red Dragon Photography.
(c) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
(a) While Red Dragon 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 Red Dragon 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 Red Dragon Photography.
(a) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
50% of the agreed cost is to be paid at contract agreement. The remaining 50% is to be paid at least 7 days prior to date of shoot.
Cancellation fees apply according to Paragraph 4 (b) above.
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