Terms & Conditions

OWNERSHIP & COPYRIGHT

This website and its content are owned by Andrew J. Smith of Sukhino Captures unless otherwise stated. The website, its design and its content including each and every photograph are protected by copyright and trademark law and other related intellectual property rights.

Copyright in the photographs is owned by Andrew J. Smith of Sukhino Captures. If you would like to licence an image from the photographers portfolio for your brand/company* please email your request to:

info@sukhinocaptures.com

*fees apply.

The photographs taken by Andrew J. Smith of Sukhino Captures are also protected by moral rights.  Andrew J. Smith/Sukhino Captures asserts his moral right to be identified as the author wherever and whenever his photographs are copied or distributed by any means.

The website and its design is owned by Envisage Marketing

USE OF WEBSITE AND PHOTOGRAPHS

No part of Sukhino Captures and Andrew J. Smith’s photograph’s may be copied or distributed by any means without the explicit written permission of Andrew J. Smith.

Those wishing to copy or distribute material* from this website should contact Andrew at info@sukhinocaptures.com stating which images you would like to licence, media use and duration.

*Fees Apply.

TERMS AND CONDITIONS

  1. DEFINITIONS

For the purpose of this agreement “the Agency” and “the Advertiser” shall where the context so admits include their respective assignees, sub-licensees and successors in title.  In cases where the Photographer’s client is a direct client (i.e. with no agency or intermediary), all references in this agreement to both “the Client” and “the Advertiser” shall be interpreted as references to the Photographer’s client. “Photographs” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.

  1. COPYRIGHT

The entire copyright in the Photographs is retained by the Photographer at all times throughout the world. Andrew J. Smith of Sukhino Captures still retains full copyright of image(s) used.

  1. OWNERSHIP OF MATERIALS

Title to all Photographs remains the property of the Photographer. When the Licence to Use the material has expired the Photographs must be returned to the Photographer in good condition within 30 days.

  1. USE

The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation.

The Licence only applies to the advertiser and product as stated on the front of the form and its benefit shall not be assigned to any third party without the Photographer’s permission. Accordingly, even where any form of ‘all media’ Licence is granted, the photographer’s permission must be obtained before any use of the Photographs for other purposes e.g. use in relation to another product or sub licensing through a photo library.

Permission to use the Photographs for purposes outside the terms of the Licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use. Unless otherwise agreed in writing, all further Licences in respect of the Photographs will be subject to these terms and conditions.

  1. EXCLUSIVITY

The Agency/Client and Advertiser will be authorised to publish the Photographs to the exclusion of all other persons including the Photographer. 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 his/her work. After the exclusivity period indicated in the Licence to Use the Photographer shall be entitled to use the Photographs for any purposes.

  1. CLIENT CONFIDENTIALITY

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 his/her obligations in relation to the commission.

  1. INDEMNITY

The Photographer agrees to indemnify the Agency and the Advertiser against all expenses, damages, claims and legal costs arising out of any failure by the Photographer to obtain any clearances for which he/she was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases the Agency shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.

  1. RATES

All Rates stated on the Photographers website are subject to change and do not include Travel Expenses chargeable at 40p per mile.  Where specified, all photography rates include kit and a standard ‘1 Year Single Licence’ to Use Licence.  Photography day rate is based on an 8-hour day including travel time. Half-day rate is based on 4 hours including travel time. Rates do not include Digital Transfer of Images, Post Processing time for additional required images or images provided on USB Stick.  For additional post processing charges please see‘Post Production Charges’.

  1. LICENCES

Once the standard 1 Year Licence to Use has expired the client has the option to extend the Licence to Use where fees apply. Additional Licences are available; costs vary depending on the media use/territory/duration.  Licence to Use fees can be requested by emailing the photographer info@sukhinocaptures.com.

  1. PAYMENT

Payment by the Agency/Client will be expected for the commissioned work within 30 days of  the issue of the relevant invoice. If the invoice is not paid, in full, within 30 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.

    1. EXPENSES

Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Agency or the Advertiser, or otherwise at their request, the Agency shall give approval to and be liable to pay such extra expenses or fees at the Photographer’s normal rate to the Photographer in addition to the expenses shown overleaf as having been agreed or estimated.

      1. REJECTION

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

      1. CANCELLATION & POSTPONEMENT

A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a fee for cancellation or postponement.  Once your booking is confirmed you agree and abide to the full Terms & Conditions and Licence To Use as set out in your confirmation email. Full Terms and Conditions and Licence to Use can be read here.  You have the the option to cancel the photoshoot up to 24hrs before, any cancellation after this period, you will be charged 10% of the fee.

      1. RIGHT TO A CREDIT

If the box on the estimate and the licence marked “Right to a Credit” has been ticked the Photographer’s name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). By ticking the box overleaf the Photographer also asserts his/her statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.  If a greed prior to the photo shoot, Andrew J. Smith/Sukhino Captures will be entitled to a ‘Right To Credit’.  Where possible, © 2019 Sukhino Captures should be provided in print or for online, a link to the Photographers website http://www.sukhinocaptures.com

      1. ELECTRONIC STORAGE

Save for the purposes of reproduction for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of the Photographer.   Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer.

      1. APPLICABLE LAW

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

. VARIATION

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

NOTE :  For more information on the commissioning of photography refer to Beyond the Lens produced by the AOP.

LICENCE TO USE – ‘DEFINITIONS OF USE’

Unlimited Use

Unlimited use in perpetuity of one or more images as agreed for unlimited worldwide use in All Media; Print and Digital Media.

Exclusive Use

Exclusive use of one or more images as agreed for a period of 5 years in any single country in All Media; Print and Digital Media.

Limited Use

Limited use of one or more images as agreed for a period of 2 years in any single country in any one media. E.g. Print (Press and PR) OR Digital Media (Web and Social Media).

Single Use

Single use of one or more images as agreed for a period of 1 year in any single country in Print (Press, PR) and Digital Media (Web and Social Media). 

For further information on commissioning of photography please refer to Beyond The Lens produced by the AOP.  http://www.the-aop.org/information/copyright-4-clients/overview http://www.the-aop.org/information/copyright-4-clients/faqs