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Commercial Terms
Artist/ Photographer and Artwork/ Photography.
The artist/ photographer retains ownership of the original artwork/ photography unless agreed in writing between agent and client. A further fee will be negotiated, should ownership of the artwork/ photography by the client be required. The client shall not make any alteration to the artwork/ photography unless agreed in writing by the agent. Any loss, damage or alteration to the artwork/ photography whilst in the possession of the client or any representative of the client will be charged for at a fee not less than the agreed licence fee.
Copyright and Licencing Agreement
The artist/ photographer retains ownership of the copyright (Copyright Designs and Patents Act 1988). Ownership of copyright is not affected by purchase of the original artwork/ photograph. The client is granted a licence to reproduce the artwork/ photography solely for the purposes detailed on the order confirmation sent to you at the outset of the commission. Upon payment of a further agreed fee, the licence may be extended to allow for the artwork/ photography to be used for purposes other than those shown on the order confirmation form, in accordance with the guidelines agreed with the Society of Artists Agents, the licence is only granted upon payment in full of the fee specified on the order confirmation form. Any attempt to reproduce the artwork/ photography without such payment, will be regarded as a breach of copyright.
The licence granted is exclusive to the named client on the face of the acceptance form. The licence may not be sub-licenced to a third party. The artist/ photographer retains the right to use the artwork/ photography for self-promotion. The client is responsible for the clearing of any copyright or reference material supplied by the client and shall indemnify the artist/ photographer against any claims arising from materials thus provided. All material expenses relating to the job shall be invoiced to the client, plus a 10 % administration charge.
Delivery
The artist/ photographer will meet the agreed deadlines if there is no delay in the approval of concepts or in the supply of reference material. The artist/ photographer shall not be held responsible for any consequential loss arising from the late delivery of artwork/ photography. All courier & travel expenses relating to the job shall be invoiced to the client, plus a 10 % administration charge.
Cancellation
If the commission is cancelled the fees detailed in the order confirmation form will be payable: if cancellation by the client occurs before delivery of concepts, 25% of the agreed fee will be payable; if cancellation occurs after delivery of concepts, 33% will be payable; cancellation by the client on or after delivery of the finished artwork/ photography, 100% will be payable.
Rejection
If the artwork/ photography is rejected by the client the fees detailed in the order confirmation form will be payable: 33% will be payable if rejected at the initial concept stage; if a concept has not been requested prior to artwork/ photography, then 75% of the agreed fee will be payable if rejected on completion.
If the artist/ photographer has correctly followed the brief, and the work is consistent with that of the artist's/ photographer's portfolio, and with that shown to the client, then the full fee is payable. The client has no right to reject the work on the basis of style or composition. Under no circumstances can there be a reduction in the agreed fee if the client uses the artwork/ photography for the purposes detailed on the job acceptance form. Any objections to the final artwork/ photography must be conveyed within seven days of delivery, after which it shall be conclusively presumed that the artwork/ photograph has been accepted. Should a delay of longer than 7 days after the delivery of artwork/ photograph occur before any requests for amendments, the artist/ photographer shall have the right to refuse to execute or to execute within a time schedule that suits his or her existing and/or subsequent commissions. In this case, no reduction in fee will be allowed. In the event of rejection of the artwork/ photography all rights in the artwork/ photography shall remain the property of the artist/ photographer.
Estimates/quote
If an estimate/quote is requested prior to receiving full details of the commission, it should be understood that this is in no way binding and may differ after the artist/ photographer has received the complete brief.
Credit Terms
Payment will be made within thirty days after the date of invoice, any payment not received within that time will be subject to an interest charge of 2.5% per month. These commercial terms are governed by the laws of England and Wales and may not be varied unless agreed by both parties in writing.
The artist/ photographer retains ownership of the original artwork/ photography unless agreed in writing between agent and client. A further fee will be negotiated, should ownership of the artwork/ photography by the client be required. The client shall not make any alteration to the artwork/ photography unless agreed in writing by the agent. Any loss, damage or alteration to the artwork/ photography whilst in the possession of the client or any representative of the client will be charged for at a fee not less than the agreed licence fee.
Copyright and Licencing Agreement
The artist/ photographer retains ownership of the copyright (Copyright Designs and Patents Act 1988). Ownership of copyright is not affected by purchase of the original artwork/ photograph. The client is granted a licence to reproduce the artwork/ photography solely for the purposes detailed on the order confirmation sent to you at the outset of the commission. Upon payment of a further agreed fee, the licence may be extended to allow for the artwork/ photography to be used for purposes other than those shown on the order confirmation form, in accordance with the guidelines agreed with the Society of Artists Agents, the licence is only granted upon payment in full of the fee specified on the order confirmation form. Any attempt to reproduce the artwork/ photography without such payment, will be regarded as a breach of copyright.
The licence granted is exclusive to the named client on the face of the acceptance form. The licence may not be sub-licenced to a third party. The artist/ photographer retains the right to use the artwork/ photography for self-promotion. The client is responsible for the clearing of any copyright or reference material supplied by the client and shall indemnify the artist/ photographer against any claims arising from materials thus provided. All material expenses relating to the job shall be invoiced to the client, plus a 10 % administration charge.
Delivery
The artist/ photographer will meet the agreed deadlines if there is no delay in the approval of concepts or in the supply of reference material. The artist/ photographer shall not be held responsible for any consequential loss arising from the late delivery of artwork/ photography. All courier & travel expenses relating to the job shall be invoiced to the client, plus a 10 % administration charge.
Cancellation
If the commission is cancelled the fees detailed in the order confirmation form will be payable: if cancellation by the client occurs before delivery of concepts, 25% of the agreed fee will be payable; if cancellation occurs after delivery of concepts, 33% will be payable; cancellation by the client on or after delivery of the finished artwork/ photography, 100% will be payable.
Rejection
If the artwork/ photography is rejected by the client the fees detailed in the order confirmation form will be payable: 33% will be payable if rejected at the initial concept stage; if a concept has not been requested prior to artwork/ photography, then 75% of the agreed fee will be payable if rejected on completion.
If the artist/ photographer has correctly followed the brief, and the work is consistent with that of the artist's/ photographer's portfolio, and with that shown to the client, then the full fee is payable. The client has no right to reject the work on the basis of style or composition. Under no circumstances can there be a reduction in the agreed fee if the client uses the artwork/ photography for the purposes detailed on the job acceptance form. Any objections to the final artwork/ photography must be conveyed within seven days of delivery, after which it shall be conclusively presumed that the artwork/ photograph has been accepted. Should a delay of longer than 7 days after the delivery of artwork/ photograph occur before any requests for amendments, the artist/ photographer shall have the right to refuse to execute or to execute within a time schedule that suits his or her existing and/or subsequent commissions. In this case, no reduction in fee will be allowed. In the event of rejection of the artwork/ photography all rights in the artwork/ photography shall remain the property of the artist/ photographer.
Estimates/quote
If an estimate/quote is requested prior to receiving full details of the commission, it should be understood that this is in no way binding and may differ after the artist/ photographer has received the complete brief.
Credit Terms
Payment will be made within thirty days after the date of invoice, any payment not received within that time will be subject to an interest charge of 2.5% per month. These commercial terms are governed by the laws of England and Wales and may not be varied unless agreed by both parties in writing.
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