When you commission me to photograph an assignment for you, you are agreeing by default to the following basic terms of business. Additional clauses may be included in your own contract, subject to the requirements of your photoshoot.

MODEL RELEASE

a) All models are required to sign a Model Release form, and to confirm that they are at least 18 years of age.

b) Under Age models - Models under 18 years of age must be accompanied by a parent or legal guardian. No photography or meetings can take place if a parent or guardian is not present. The parent or guardian will be required to sign a model release on the model's behalf.

PAYMENT

a) The client shall pay Richard Davies/September Studios within the time period stipulated in the estimate. The client shall be responsible for any sales tax due. Materials and rights will not be released until full payment has been received.

b) Where an assignment necessitates the payment of an advance payment, no firm booking for or commitment to undertake an assignment can be given by Richard Davies/September Studios until such payment has been received, and no materials or images will be released, or licenses granted for the use of images, until the balance of any payment due has been received.

RESERVATION OF RIGHTS

Unless specified to the contrary in this contract, any grant of rights shall be limited to the United Kingdom for a period of one year from the date of the invoice and, if the grant is for magazine usage, shall be first UK serial ownership rights in photographic materials, which shall include but not be limited to digital files, transparencies, negatives and prints. The Client shall not modify directly or indirectly any of the photographic materials, whether digitally or by any other form or process now in existence or which may come into being in the future, without the express, written consent of the photographer.

ADDITIONAL USAGE

If the Client wishes to make any additional uses of the photographs, in addition to the uses originally quoted in the estimate, the Client shall seek permission from Richard Davies/September Studios and pay an additional fee to be agreed upon.

AUTHORSHIP CREDIT

Authorship credit in the name of Richard Davies/September Studios, including copyright notice, shall accompany the photograph(s) when they are reproduced. The credit line should take the following wording: “Photography © Copyright Richard Davies/September Studios [year of publication] www.september-studios.com.” Where the photographs are used online, a hyperlink to http://www.september-studios.com should be included.

The Copyright, Design & Patents Act 1988 allows the creator of an image to be identified as such. The Client also acknowledges Richard Davies/September Studios right to use, and grants permission for Richard Davies/September Studios to use, any images created under this contract for Richard Davies/September Studios self-promotion, trade, exhibition, or in any other lawful purpose, in all media and in all manners, without any restriction as to changes and alterations. In doing so the Client waives any right to inspect or approve the photograph(s) or any materials that may be created in connection therewith. The Client releases and agrees to hold harmless Richard Davies/September Studios, his assigns, licensees, successors in interest, legal representatives and heirs from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of the photographs, or in any processing or digital manipulation tending toward the completion of the finished materials, unless it can be shown that they and the publication thereof were maliciously caused, produced, and published solely for the purpose of subjecting the Client to conspicuous ridicule, scandal, reproach, scorn and indignity. The Client waives any claims he may have based on any usage of the photographs or future works derived there from, including but not limited to claims for either invasion of privacy or libel.

RESHOOTS

If Richard Davies/September Studios is required by the Client to reshoot the assignment, Richard Davies/September Studios shall charge in full for additional fees and expenses, unless (a) the reshoot is due to Acts of God or is due to an error by a third party, in which case the Client shall only pay additional expenses but no fees; or (b) if Richard Davies/September Studios is paid in full by the Client, including payment for the expense of special contingency insurance, then the Client shall not be charged for any expenses covered by such insurance in the event of a reshoot. Richard Davies/September Studios shall be given the first opportunity to perform any reshoot.

CANCELLATION

In the event of cancellation by the Client, the Client shall pay all expenses incurred by Richard Davies/September Studios up to the point of cancellation and in addition, and shall pay the full fee unless notice of cancellation was given at least 24 hours prior to the shooting date, in which case 50% of the total shoot cost shall be paid. If notice of cancellation is given up to 3 working days prior to the shoot date, no costs other than any expenses (including booking fees, time spent on pre-production or any non-returnable deposits etc) incurred by Richard Davies/September Studios are payable by the Client. For ‘weather days’ (days where the shoot must be postponed or cancelled due to adverse weather), the client shall pay 50% of the full fee for that day if Richard Davies/September Studios is on location at the time the decision to cancel the shoot is taken, and 33% of the full fee if Richard Davies/September Studios has not yet left for the location, at the time of cancellation due to adverse weather only.

RELEASES

The Client shall indemnify and hold harmless Richard Davies/September Studios against any and all claims, costs and expenses, including legal fees, due to uses for which no release was requested or uses which exceed the uses allowed pursuant to a release.

HOLD HARMLESS

The Client hereby agrees to hold harmless and indemnify Richard Davies/September Studios (including their officers, employees, servants or agents), against all claims, costs and/or expenses of whatsoever nature howsoever and whomsoever arising out of the client participating in the photoshoot and related activities.

ASSIGNMENT

Neither this assignment nor any rights or obligations hereunder shall be assigned by either of the parties, except that Richard Davies/September Studios shall have the right to assign monies due hereunder. Both the Client and any party on whose behalf the Client has entered into this Agreement shall be bound by this Agreement and shall be jointly and severally liable for full performance hereunder, including but not limited to payment of monies due to Richard Davies/September Studios.

ARBITRATION

All disputes shall be settled in accordance with the laws of England and Wales. Judgement upon any arbitration award may be entered in any court having jurisdiction thereof.

MISCELLANY

The terms and conditions of this Agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives; this Agreement constitutes the entire understanding between the parties; its terms can be modified only in writing and in a document signed and agreed to by both parties, except that the Client may authorize additional fees and expenses orally; a waiver of a breach of any of its provisions shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof; and the relationship between the Client and Richard Davies/September Studios shall be governed by the laws of England and Wales.