Tom Lee Tutorials and Freebies

terms

Just in case you haven't read the fine print....all our contracts will set out our Terms and Conditions under which we carry out our commissions. They will vary slightly depending on the commission, so please read the section that applies to you carefully.

IMPORTANT NOTE:

We endeavour to have signed copies of our commissions from our clients in all cases, however, for whatever reason you may not always find this possible. Therefore, whether you sign your contract or not, these Terms & Conditions are agreed by implication on payment of fees in repect of individual commissions.

Commercial Conditions including Managed Rights

CLIENT’S DECLARATION:

In consideration of the commission described in the schedule, and for which no fee is due to me (the Client) or my Agent in respect of further publication of the images taken for the commission, I (the Client) permit Tom Lee of Tom Lee Photographer and all authorised Copyright Licenses or Assignees to use the images and/or prints and duplicates therefrom and any other reproductions or adaptations thereof either complete or in part, alone or in conjunction with any wording and/or drawings in the United Kingdom and/or any country overseas. Unless otherwise agreed any deviations, montages or adaptations of the original commission shall be deemed to represent any imaginary person(s) and any imaginary situation. No endorsement of products or services is implied.

AUTHOR’S DECLARATION:

I (Tom Lee otherwise known as the Author) will restrict the use of images in respect of this contract to portfolio and personal use only for the duration of the Managed Rights period. No images will be used within 30 days of commission date and every consideration will be extended to the Client over secondary use of the images during the limits of this contract.

MANAGED RIGHTS:

Under the terms of this agreement, I (Tom Lee) assign managed rights to the Client for a period of 12 months from the date of the commission, provided all fees have been paid in full. These rights include, but are not limited to, reproduction and storage in analogue, digital or hard copy form in the pursuance of the Client’s business only and are not transferrable, provided appropriate acknowledgement of authorship is maintained. I (the Client) understand that I do not own the copyright of the images as defined under the terms of the Copyrights, Designs and Patents Act 1988 save that any such misuse of the Managed Rights is illegal and enforceable under British law

Portrait Conditions

DECLARATION:

Wedding Conditions

1             EXCLUSIVITY. It is understood that Tom Lee (K C Photographic Ltd t/a Tom Lee Photographer) is retained as the official exclusive Photographer for the above Wedding. The Studio (Tom Lee Photographer) will undertake no alternative Wedding Services on that date.
2             BOOKING FEE/MANDATE. Our preferred payment method is a non-refundable booking fee of £300.00 followed by the remaining balance secured with Standing Order Mandate over 4 agreed payment dates. All payments shall be made by the due dates and once paid are not refundable. This Contract will only come into effect when the Booking Fee has been made and The Studio reserves the right to annul the agreement without further correspondence if this payment is not received within one week of signing.
3             PAYMENTS. The outstanding balance for agreed services must be paid 30 days prior to the Wedding Date. FAILURE TO MAKE PAYMENTS BY THE DUE DATES MAY RESULT IN CANCELLATION OF THIS WEDDING AGREEMENT.
4             FEE VARIATIONS. Prices quoted for Wedding Services at the time of booking and as printed in the Studio Literature will be held up to the Wedding date. Additional album and print orders will be subject to the Studio pricing structure in force at the time of ordering.
5             CANCELLATION/TERMINATION. The Client may terminate this Contract and Standing Order Mandate any time by giving written notice to the Studio. There are no fees incurred by the Client due to cancellation, provided their account is up-to-date, however attention is drawn to condition 2 of this contract. This contract will also terminate on A: completion of supply of the album by the Studio to the Client or B: 120 days after the Wedding Date if the Client fails to instruct the Studio to place a completed album design into production. In either case no monies previously paid to the Studio will refundable. Products and services ordered after this date will be subject to a new agreement and pricing.
6             DISPUTE. In the event of a dispute between the Client and the Studio that cannot be resolved amicably, the Client will agree in the first instance to Arbitration by the SWPP, 6 Bath Street, Rhyl, North Wales, LL18 3EB (tel: 01745 356935). Details of the Studio Insurers will be provided to the Client upon request following this procedure if required.
7             SIZES/COLOUR. All image and album sizes are nominal. The Photographer will provide a pleasing colour balance but cannot guarantee exact colour matching.
8             ARCHIVING. The Studio will endeavour to retain the images on file for a minimum of two years following the Wedding Date, however, no guarantees are given in respect of image retrieval or reproduction from the original files.
9             LICENSE. The Photographer shall be granted artistic license in relation to the poses photographed and locations used. The Photographers judgment regarding the locations, poses and number of photographs taken shall be deemed correct. The Studio will not be held responsible for lack of images due to inclement weather, limitations imposed by the Venue (including Churches), misdirection by the Client or uncooperative guests.
10          STYLE. Photographic style is open to interpretation, and the Client should be fully aware of what they are asking for to avoid misunderstandings in their wedding coverage. A guide to the photographic style offered by the Studio is provided on the Wedding pages of the website www.tomleephoto.co.uk
11          COPYRIGHT. The Client shall read the copyright information below and sign only when he/she fully understands its content. The Client grants the Photographer unrestricted use of the images under the terms of the Copyrights, Designs and Patents Act 1988. The Studio however, will endeavour not to make use of any image in a way that may cause the Client distress, embarrassment or ill effect.

This form authorises The Studio to make the use as specified below, with no further fees or payments, of all images taken for the Client (or associates involved in this commission). It does not confer any rights to use other images, taken outside of this agreement. This form must be signed by the Photographers Client or representative who is authorised to act as Agent. The Copyright of the images remains the property of the Photographer or his Assignees, Licensees or Agents as disposed of by the Photographer, under the terms of the Copyrights, Designs and Patents Act 1988. The Client understands that NO fees have been charged in respect of film, chemicals, electronic storage or other materials in the carrying out of this Contract, and the Photographer owns all such materials. Regardless of any fees paid by the Client or their Agent, the photographs are not considered to form part of a private commission, and may be shown as samples of work, displayed or exhibited by the Photographer. With the express exclusion of the Printable CD/DVD, any reproduction or distribution of the images by the Client or other persons not directly employed by The Studio, must be agreed in writing by the Photographer and must carry a by-line stating the authorship of the image.

CLIENTS DECLARATION.