Rena Pearl Photography web Site Terms Of Us All written, graphical and other information contained in this site is protected by copyright and may not be distributed, modified, reproduced in whole or in part without the prior written permission of Rena Pearl. All photographs from this site cannot be downloaded and/or reproduced in any way or form whatsoever without the prior written consent of Rena Pearl. All other products and company names other than those belonging to Rena Pearl mentioned in this site may be trademarks of their respective owners. While Rena Pearl makes every effort to ensure the accuracy of the information on this site, the text and graphical material contained within may contain technical inaccuracies or typographical errors. Rena Pearl reserves the right to update and amend any information contained within this site without giving notice in any form. All information contained in this site is provided "as is" without any warranty of any kind. Rena Pearl hereby disclaim all warranties and conditions with regards to this information. Any links to third party sites provided here allow you to leave the Rena Pearl site. Unless otherwise stated any such linked sites are not under the control of Rena Pearl and Rena Pearl is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites.
TERMS OF BUSINESS
Rena Pearl Photography retains full Copyright in all images, at all times throughout the world. Full Terms & Conditions Apply (see below) 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 Agency" 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. 2.COPYRIGHT The entire copyright in the Photographs is retained by the Photographer at all times throughout the world. 3.OWNERSHIP OF MATERIALS Title to all Photographs remains the property of the Photographer. 4.USE The License 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 License 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' License is granted, the photographer's permission must be obtained before any use of the Photographs for other purposes i.e 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 License 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 Licenses in respect of the Photographs will be subject to these terms and conditions. 5.EXCLUSIVITY The Agency 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 License to Use the Photographer shall be entitled to use the Photographs for any purposes. 6.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. 7.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. 8.PAYMENT Payment by the Agency will be expected for the commissioned work within 14 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 14 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. 9.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 mentioned as having been agreed or estimated. 10.REJECTION Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition. 11.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 5 working days 25% of fee, 3-4 working days 50% fee, 48 hours 75% fee, 24 hours or less, 100% fee. 12.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. Images supplied are stored by the photographer, but due to the nature of electronic storage, future supply cannot be guaranteed. 13.RAW unedited files from each shoot are archived, future supply may incur cost, and cannot be guaranteed. 14.APPLICABLE LAW This agreement shall be governed by the laws of England & Wales 15.VARIATION These Terms and Conditions shall not be varied except by agreement in writing.