TERMS & CONDITIONS 

1. These terms & conditions shall apply to the contract with the exclusion of any other terms & conditions agreed with both parties for individual projects.

2. Lindsay Davison (The photographer) retains full copyright in all images, at all times, throughout the world, in accordance with the Copyright, Designs and Patents Act 1988.  The photographer asserts her right to be identified as the author of all images, by the words: ‘Photographs by FAUXeleven/Lindsay Davison’.

3.  The Client will have an appropriate period of exclusivity to publish the photographs to the exclusion of all other persons. However, the photographer retains the right in all cases to use the photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting her work. After any exclusivity period the photographer shall be entitled to use the photographs for any reasonable purposes (unless otherwise agreed). Editorial work may be made available by the photographer to third parties after publication in the medium for which they were originally commissioned unless otherwise agreed.

4. Unless specified on a separate licence: (a) clients are licensed to use commissioned photographs for marketing, PR & editorial use, in perpetuity, on behalf of the original company who commissioned the photography; (b) Any publication of the photographs to gain publicity for companies other than the original commissioning company will require a reproduction fee to be paid to the photographer; (c) The photographer retains full copyright in all images at all times throughout the world.

5. The photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the photographer to carry out her obligations in relation to the commission.

6. Any information or data is kept in accordance with data protection principles set out in the Data Protection Act 2018, available here: https://www.gov.uk/data-protection.

7. It is the client’s responsibility to ensure that all the necessary clearances have been obtained to allow the photographs to be taken without hindrance or infringements of trademarks or copyrights. It is the client’s responsibility to gain written parental permission when persons under the age of sixteen years are to be photographed. Permission is also necessary to allow identification and publication of photographs of children. The photographer accepts no liability for non-supply of pictures if parental permission has not been granted.

8. Heastshot and Portrait Sessions – Sessions will require a £75 non-refundable deposit at time of booking. The balance for each session will be due 48 hours prior to planned session and is payable via BACS transfer or PayPal only.

9. Commercial and Editorial Work (quoted separately to standard headshot and portrait sessions) – A 25% deposit will be due on acceptance and booking of quoted projects. Payment of remaining balance will be expected for the any quoted work work within 7 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 7 days the photographer reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.

10. Where extra expenses or time are incurred by the photographer as a result of alterations to the original booking or brief by the client, the client shall give approval to and be liable to pay such extra expenses or fees at the photographer’s normal rate in addition to the expenses agreed or estimated. This includes any additional fees incurred for extra studio hire where the client requests extra time.

11. Images will be available to view or download from a secure client gallery for 3 months from the date of the commission. Longer periods are available by agreement and at an additional cost to the client.

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

13. A booking is considered firm as from the date of confirmation and accordingly the photographer will, at her discretion, charge a fee for cancellation or postponement: 7-5 working days 25% of remaining fee, 4-3 working days 50% of remaining fee, 48 hours or less will require 100% of remaining fee.

14. This agreement shall be governed by the laws of England & Wales

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

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© 2019 by Lindsay Davison