Terms and Conditions 2024
1. Definitions
- "Jonathan Browning" refers to myself as photographer.
- "Client" refers to the person or company commissioning the work, including any successors, assignees, or sub-licensees.
- "Project" means the full duration of the commission, including pre-production, production, post-production, and travel.
- "Photographs" or "Images" refer to all stills or motion material supplied by Jonathan Browning.
2. Copyright & Ownership
I retain full copyright of all Photographs worldwide. If the images are stored electronically, they must be deleted after the agreed usage period. A high-resolution copy of the Photography must be supplied to me on request after publication, free of charge.
3. Use
The ‘Licence to Use’ begins on the date of my final invoice or when images have been submitted. No use of the Photographs is allowed until full payment has been made. If payment is not made by the due date, any prior permission for usage will be revoked.
4. Confidentiality
I will keep all Client information confidential and will not disclose it to third parties unless required to fulfill the commission.
5. Indemnity
I am responsible for obtaining clearances related to talent, locations, or intellectual property if agreed in writing. Otherwise, the Client must obtain these clearances and indemnify me against any related claims or costs.
6. Rush Services
A rush service is available at an additional charge (edit rate + 50%), subject to availability.
7. Rates
- Unless both parties have agreed a set fee, the following applies
- Day Rate: A full production day is up to 10 hours, including setup and breakdown. Overtime is charged at 1.5 times the hourly rate.
- Travel: Travel, contingency, and pre-production days are charged at 50% of the day rate. If travel exceeds 4 hours, production will not occur on that day.
- Pre-production: Charged after rate negotiation, for additional treatments, calls, or changes beyond the initial estimate.
- Contingency Days: Optional and charged at 50% of the production rate unless they become production days.
- Per Diem: £40 per crew member per day for projects over one day.
8. Payment
Payment is due within 30 days of the invoice date. A 5% administration fee will be charged every 7 days if payment is late. No use of the images is allowed before full payment is received.
9. Rejection
If the Client is not present during production, my interpretation of the brief is deemed acceptable. Client approval will be sought when possible, but there is no right of rejection.
10. Cancellation & Postponement
If a project is cancelled or postponed outside my control, the following fees apply:
- Cancellation within 2 days = 100% of fees + expenses.
- Cancellation between 3-6 days = 75% of fees + expenses.
- Cancellation with 7 or more days’ notice = 50% of fees + expenses.
11. Credit
My name (Jonathan Browning) must be credited alongside any published Photographs unless otherwise agreed.
12. Liability
My liability is limited to my fees for the project. I am not liable for any indirect losses like lost profits or business disruptions.
13. Third-Party Terms
Any third-party bookings (assistants, models, etc.) are subject to their terms.
14. Applicable Law
This agreement is governed by the laws of England and Wales and subject to their courts.
15. Variation
These terms may only be varied with written agreement.