Definitions
In the terms and conditions the following definitions shall apply:-
(a) “The Client” means any person, firm or company who negotiates with or contracts to hire the services of Two26 Photography or acquire a photographic usage license.
(b) “Two26 Photography” means Jack B Schofield trading as Two26 Photography, a trading name of IMG Photography Ltd.
(c) “The Photographer” means Two26 Photography, Jack Schofield or any photographer appointed by IMG Photography Ltd to undertake the Commission.
(d) “The Commission” means the commission to take the Photographs, and any subsequent editing, undertaken by the Photographer on behalf of the Client in consideration of the fee, details of which Commission are set out on the clients order.
(e) “Photograph” includes a photographic print or transparency or any other item including an electronic image (in the form of a JPG file or otherwise).
(f) “Reproduction” includes any form of publication or copying, of the whole or part of any Photograph and whether or not altered whether by printing, photography, slide projection (whether or not to an audience) xerography, artists reference, artists illustration, layout at presentation, electronic or mechanical reproduction including on-line services, Internet or CD Rom, or storage by any other means, and “to Reproduce” shall be construed accordingly.
(g) “Reproduction Fee” is the fee agreed upon between the parties to cover Reproduction of the Photographs.
(h) “Commission Fee” is the fee agreed upon between the parties to cover the assignment.
(i) “Return Date” is the date by which the Photographs must be returned.
(j) “Rights Managed, or RM”, in photography and the stock photo industry, refers to a copyright Licence which, if purchased by a user, allows the one-time use of the photo as specified by the license. If the user wants to use the photo for other uses an additional Licence needs to be purchased.
(k) “Licence” The Licence covers what, where and how the image will be used.
Benefits of Licensing an image/images:
Gives the client versatility.
Is cost effective.
Is uniquely tailored to the needs of the client.
The Agreement
The conditions apply to all orders, supplies and reproductions of Photographs from or by Two26 Photography, and shall apply in place of and prevail over any terms and conditions contained or referred to in the client’s order or correspondence or elsewhere or implied by trade practice or course of dealing. No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
Photographs
The Photographers judgement in the taking of Photographs in all matters regarding locations, composition, poses, number of photographs taken and all such like matters shall be deemed to be correct. The photographer will endeavour to capture images as faithfully and accurately to the original subject matter as possible.
Two26 Photography will make all reasonable attempts to edit Photographs in the style requested by the client, but reserves the right to have final artistic judgement on how a Photograph should be cropped and edited.
Licence Agreements
Two26 Photography will provide images for the following Licence agreements, all images are Rights Managed (RM) Any client (unless otherwise stated in a contract for hire) must have permission (a license) from Two26 Photography to publish (reproduce) images in any medium, physical or electronic.
Editorial Licence: Photographic Imagery is used primarily for journalistic or educational purposes.
Commercial Licence: Photographic Imagery is used to sell or promote a product, service, or idea. Advertising, marketing, and promotional activities all fall into this category.
Personal/Retail License: Photographic imagery is generally commissioned or purchased for client's own personal use through social media posts or print. (e.g., wedding photography, pet photography, fine art, sports event participation etc.) Images can't be used through a commercial page or site, or in aid of selling any product or services. Unless otherwise stated, all images are purchased for personal use and are not to be used for commercial or financial gain.
These licenses apply specifically to the client commissioning the work, any third party benefiting from marketing use of the images must be agreed and paid for separately prior to use.
Copyright and Model Release
Copyright is a property right which subsists in photographic, literary and artistic works that are original intellectual creations or an individual in the photographic, literary and artistic domain.
Two26 Photography retains the copyright of all images supplied, unless otherwise stated in a contract, or a Licence agreement for transfer of copyright ownership has been signed and agreed upon between Two26 Photography and the Client.
No person shall, without the authority of the copyright owner:
(1) intentionally remove or alter any copyright data in file EXIF
(2) distribute copies of works knowing that copyright management information has been removed or altered without authority of the copyright owner.
Image supplied is not model released. The client shall have full responsibility to obtain model release (being the permission from athlete or sports organisation) on any image or images to be used by the client.
Two26 Photography advises that the client may not copy or display for redistribution to any third party images for commercial purposes or otherwise.
Reproduction
The Client may only reproduce the Photographs: (a) with the prior consent of Two26 Photography; and (b) after payment of the appropriate Reproduction Fee.
Possession of the Photographs does not constitute consent to Reproduce them. The client must notify Two26 Photography of the intended use of the Photographs, and Two26 Photography may at its absolute discretion, then grant consent to the Reproduction by letter, email or by invoicing the appropriate Reproduction Fee and such consent shall be subject to any terms expressed in the invoice, email, or letter.
No one may make alterations in part or in full to any images taken by Two26 Photography without prior written consent. Two26 Photography has the right to object to any distortion, manipulation or modification to any images.
Payment
Unless a different payment schedule has been agreed in advance payment by the Client of the Fee for the Photographs is due within 14 days of the issue of the relevant invoice for existing Clients and 15 days for new Clients. If the Fee is not paid on the due date for payment then a single charge of £50 shall be applied for inconveniences caused.
Refunds
Please read the terms and conditions carefully before purchasing and downloading digital images or prints. These Terms constitute a legal agreement between you and IMG Photography T/A Two26 Photography regarding the purchase and use of digital prints. By downloading the digital image, you agree to be bound by these terms and conditions.
Due to the nature of digital prints, we do not offer refunds or returns once the digital files have been downloaded. There is the opportunity to preview your Photo Pack prior to purchase and download.
However, if there is a technical issue with the downloaded files, the Customer must notify us within 7 days of purchase, providing details and supporting evidence. We reserve the right to rectify the error or defect. If any deficiency is approved and a refund is agreed to, the order will be cancelled and no longer accessible.
All images are available to preview on the website prior to purchase. It is the purchaser’s responsibility to ensure that they are purchasing the correct product, both with regard to content, form and quantity. No refund or replacement will be made where the product is supplied as ordered by the purchaser.
Digital photo orders, pre-orders and video clips will not be refunded unless the download is found to have a technical fault that is under the control of Two26 Photography.
Physical Goods:
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement setting out your decision (eg a letter sent by the post, fax or email). In any event, you must be able to show clear evidence of when the cancellation was made.
If you cancel the contract, we will reimburse you the payment of the product/service but there will be a 25% handling charge and a non-refundable postage charge within 30 days of receipt.
If you have received goods in connection with the contract which you have cancelled, you must send back the goods to Two26 Photography without delay and in any event, not later than 14 days from the day on which you communicate to us your cancellation of this contract. The deadline is met if you send back the goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the goods.
Two26 Photography reserves the right to amend any information, including but not limited to prices, technical specifications, terms of purchase and product or service offerings without prior notice.
Expenses
Where extra expenses of time are incurred by the Photographer as a result of alterations to the original brief for the Commission by the Client, or otherwise at its request, the client shall be liable to pay such extra expenses or fees at an agreed rate to be confirmed prior to the day/days of the shoot.
Cancellation and Postponement
If the Client wishes to either cancel or postpone the Commission, it must be given two working days prior in written notice to the Photographer. If the Photographer has already carried out the Commission, he shall be entitled to charge the Fee in full. If the Photographer has not yet carried out the Commission, then (in the event of postponement) he may immediately invoice the Client for the cost of all expenses and materials (plus VAT) already incurred by him and shall be entitled to be paid for them in full before completing the commission, and (in the case of cancellation) the Photographer shall be entitled to invoice the client for the cost of all expenses and materials (plus VAT) already incurred by him together with a cancellation fee of 75% of the Time Costs element of the Fee, without prejudice to his rights in respect of any breach of contract.
Race Images
All race images are provided on a personal/retail license, unless otherwise confirmed by Two26 Photography. Brands are not to re-share images for commercial use, this includes sharing on social media platforms in any capacity.
Right to Credit
If the Licence Agreement granted is an Editorial Licence, Two26 Photography’s name must be printed on, or in reasonable proximity to, all published reproductions of the Photographs.
Two26 Photography asserts the statutory right to be identified as the author of the Photographs in the circumstances.
Force Majeure
The Photographer shall not be liable for any failure in the performance of any of his obligations caused by factors beyond his reasonable control, including but not limited to total photographic failure, injury or sickness.
WAIVER
Neither the demand for nor the acceptance of payment made under these terms and conditions nor the failure by the Photographer to enforce any of the terms and conditions at any time or for any period will release or exonerate or in any way affect the liability of the Client or be a waiver of these terms and conditions.
