Term & Conditions
Applicable law
This agreement shall be governed by the laws of England & Wales and subject to the exclusive jurisdiction of courts of English Courts. The Terms and Conditions shall not be varied except by agreement in writing signed by both parties.
Definitions - For the purposes of this agreement “the Client” is the party commissioning a Photographer / Director via the Photography Agency, Global Assignments agency Ltd and “Client” shall where the context so admits, include its respective assignees, sub-licensees and successors in title. “Photographs”, “Photography” & “Images” refer to all photographic materials furnished by the Photographer & Photographers, whether digital files, all electronic material, transparencies, negatives, prints or any other type of physical material. These terms and conditions shall also apply to all shoots estimated by Global Assignments agency, whether invoiced to the Client by Global Assignments agency or by the Photographer.
Copyright and ownership of material - The Photographer always retains the entire copyright in the Photographs/ Images and ownership of all physical materials throughout the world. Where Photographs / Images are stored electronically, they must be erased at the conclusion of the agreed usage period. When the Licence to Use the materials has expired, the Photographs / Images must be returned to the photographer in good condition within 60 days free of charge.
Usage - The “Licence to Usage” start date is the date that corresponds with Global Assignments agency Ltd's final invoice – unless otherwise agreed between the Client and Global Assignments agency Ltd and in writing. No use may be made of the Photographs / Images before payment in full of the relevant invoice(s) without the Photographer and or Global Assignments agency Ltd express permission. Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Client is put into receivership or liquidation. The usage period commences from date of the first use (or 6 months after the shoot date, whichever is sooner, unless otherwise agreed. Photography Fees are based on the agreed Licence of use within the constraints specified on the estimate/budget. The Licence for Use only applies to the Photographs, Images, Products & agreed deliverables as stated on the invoice and the usage shall not be assigned to any third party without the Photographer’s and or Global Assignments agency permission.
Re-Usage - Permission to use the Photographs for purposes outside the terms of the Licence to Use will normally be granted upon payment of a further fee. Any further changes/extensions to the Licence to Use must be negotiated and agreed with Global Assignments agency Ltd. Any estimated re-usage fees to the Client are valid for three months (dependent upon terms other agencies may impose) from the date of the estimate/budget.
Unauthorised usage - Any unauthorised usage of the Photographs / Images will be charged in full and may incur legal fees and or additional fees and legal costs for the services of an infringement agency.
Promotion of Work by Photographer & Global Assignments agency - The photographer and Global Assignments agency retains the right in all cases to use the Photographs and images in any manner, at any time and in any part of the world for self-promotion of work and services. Self-promotion of services includes sharing accomplishments, promoting expertise, and advocation of contribution across all electronic media such as websites and social media, mail shots, direct mail in printed materials & competitions. We agree to request when possible client permissions before any of the above activities.
Right to Credit - When reasonably practicable the Photographer’s name must be printed on all published reproductions of the Photographs / Images in particular editorial and publications both in print and online.
Client Confidentiality - The photographer and Global Assignments agency will keep confidential and not disclose to any third parties or make use of any communication, information or materials shared with us. Except when reasonably necessary to enable the Photographer, Producer and Global Assignments agency to carry out their obligations per the commission.
Indemnity - The Client shall be responsible for obtaining all permissions, clearances, agreements and permits and will indemnify the Photographer and Global Assignments agency against all expenses, damages, claims and legal costs arising out of any failure to obtain rights, compliance and clearances.
Terms of Payment - Global Assignments agency requests advance payment on agreed commission and booking confirmation of all expenses and production costs. Please note that costs incurred and paid from the advance must be accounted for in the subsequent payment request. Furthermore, the advance will be deducted from the total amount of reimbursement requested. Payment by the client is expected for the commissioned work within 30 days of the issue date on the relevant invoice. If the invoice is not paid in full within 30 days, the Photographer and Global Assignments agency reserves the right to charge interest at the rate prescribed Late Payment of Commercial Debts (Interest) Act 1998 from the date payments were due until the date payment is made.
Expenses - All cost lines of spending are estimated and not a quotation. Global Assignments agency will endeavor to make Clients aware of any additional, potential cost lines not listed within the estimates/budget that may arise. All estimated costs are exclusive of VAT. All expenses and production costs must be paid in advance of the shoot. The Photographer, Producer and crew will work within the agreed cost estimate, note individual costs within the estimate may vary at discretion. When “back-up” receipts are required there will be an additional administrative charge of £500.00. When the creative brief has been changed by the direction of the Client, outside the original agreement and booking confirmation form, the Client shall be liable to pay any such extra expenses and fees for the Photographer, Producer and all crew as stated on the call sheet.
To get in touch please email hello@globalassignments.agency
Rejection - When shooting on assignment both the Photographer and Global Assignments agency will undertake to keep the Client informed on how the shoot is progressing should the client not be present. There is no right to reject the photographs/images based on style or composition or any outside obstacles that may arise. Fees payable to the Photographer should be 100% of the fees quoted including fees for usage plus all expenses incurred including crew & cast.
Postponement & Cancellation - When a shoot date has been confirmed or postponed for reasons outside the control of the Photographer, the Photographer & Global Assignments agency reserves the right to charge a cancellation fee together with all incurred expenses, suppliers fees, crew & cast members booked
Cancellation - x1 day / 24-hours & x2 days / 48-hour notice @ 100% Photographer fees, expenses including crew, cast and suppliers
x3 days / 72-hours’ notice & 5 days / 120 hours 75% Photographer fees, expenses including crew, cast and suppliers.
Fees = Photographer Shoot Fees as quoted on the estimate/budget // Expenses = All costs incurred outside of creative shoot fees, including Recce & Preparation days & Pre-Productions.
Crew & Cast = Producer, Photographer Assistants, Digital Assistants, Models, HMU, Stylist & Assistants, Cast.
Global Assignments agency - We are solely the agents representing the photographer's works and accept no liability for acts or omissions of the Photographer commissioned.
Photographers’ liability - The Photographers will not be liable for insurance of the entire shoot production, crews, location hire or equipment this will remain the responsibility of the Client / Commissioners insurance and or additional insurance for the specific production /shoot / creative brief. The photographer will not be liable to any client, crew & cast member or 3rd party for loss of profit, loss of contracts, loss of business or revenues, loss of production or for any indirect, special or consequential loss, damage, costs, expenses or other claims whether caused by negligence of the Photographer, Crew, Cast, Producer, Suppliers or otherwise which arise out of or in connection with the shoot, production & planned activities. Notwithstanding the above nothing in these terms and conditions excludes or limits the liability of the Photographer for death or personal injury caused by the Photographer's negligence or that of the employees, agents or sub-contractors for any fraudulent statement or act or for any matter which it would be illegal for the photographer to exclude or attempt to exclude liability.
Third Party Terms & Conditions - Booking of third-party suppliers such as Producer, Crew, Cast, HMY, Stylist / Wardrobe, Locations and outside suppliers of services are subject to and covered by their own terms and conditions and available upon request.
Electronic - Storage and Delivery - After delivery of Photographs / Images, we advise that the Client store and archive them responsibly and securely. The photographer will store the imagery for the duration of the agreed usage only, historical file pulls will be chargeable as an administrative fee between £200.00 - £600.00 dependent upon resolution.
If you would like to commission one or more of our photographers or videographers for any purpose, anywhere in the world, contact us on email hello@globalassignments.agency
WE ALWAYS FURNISH CLIENTS WITH A DETAILED BUDGET OF EXPENDITURE AS WELL AS POTENTIAL ADDITIONAL COSTS.