Terms & Conditions

HUGH BURDEN PHOTOGRAPHER

These terms and Conditions shall be effective in relation to all dealings with Hugh Burden, Hugh Burden photographer. This agreement is governed by the laws of England and Wales, January 2020.


1.   CONTACT
2.   CONTRACT WITH HUGH BURDEN
3.   COMMERCIAL COMMISSIONS
    A. Definitions
    B. Copyright & Ownership
    C. Use
    D. Exclusivity
    E. Client Confidentiality
    F. Indemnity
    G. Payment
    H. The Day
    I. Expenses
    J. Insurance
    K. Rejection
    L. Cancellation - Postponement
    M. Right to a Credit
    N. Archiving
4.   NON COMMERCIAL COMMISSIONS
    A. Definitions
    B. Copyright, Image Licencing
    C. Agreement
    D. Deposit and Payment
    E. Right To A Credit
    F. On Line Proofs
    G. Editing
    H. Image Delivery
    I. Print Delivery
    J. Non Fulfilment Of Commission
    K. Indemnity
4.   EXCLUSION OF LIABILITY
5.   VARIATION



1.   CONTACT
This website, hughburden.com is owned and operated by the sole proprietor: Hugh Burden photographer, The Studio, 7A Cooks Folly Road, Bristol, BS9 1PL, UK

2.   CONTRACT WITH HUGH BURDEN
Throughout the site, the terms “we”, “us”, “our” and "Photographer" refer to Hugh Burden photographer, Hugh Burden. Hugh Burden offers this website including all information, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

3.   COMMERCIAL COMMISSIONS
    A.   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 Hugh Burden 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 Hugh Burden Photographer's client. Photographs means all photographic material furnished by Hugh Burden Photographer, prints or any other type of physical or electronic material.
    B.   Copyright & Ownership
The entire copyright in the photographs print or digital is retained by Hugh Burden at all times throughout the world. Title to all Photographs remains the property of the Hugh Burden Photographer. When and if the Licence To Use the material has expired the Photographs when appropriate must be returned to Hugh Burden Photographer in good condition within 30 days and all usage stopped.
    C.   Use
A 'Licence To Use' with Permissions and Restrictions, Territories and Media will be negotiated and agreed on commission of the commercial project. The Licence 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 Hugh Burden 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 Licence only applies to the advertiser and product as stated and its benefit shall not be assigned to any third party without the Hugh Burden Photographer's permission. Accordingly, even where any form of 'all media' Licence is granted, Hugh Burden Photographer's permission must be obtained before any use of the Photographs for other purposes e.g. 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 Licence 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 Licences in respect of the Photographs will be subject to these terms and conditions. Failure to observe the licence conditions will be a breach of copyright.
    D.   Exclusivity
The Agency and Advertiser will be authorised to publish the Photographs to the exclusion of all other persons including Hugh Burden Photographer. However, Hugh Burden 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 work. After the exclusivity period indicated in the Licence to Use the Photographer shall be entitled to use the Photographs for any purposes.
    E.   Client Confidentiality
Hugh Burden Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him in confidence for the purposes of the photography, save as may be reasonably necessary to enable Hugh Burden Photographer to carry out his obligations in relation to the commission.
    F.   Indemnity
Hugh Burden Photographer agrees to indemnify the Agency and the Advertiser against all expenses, damages, claims and legal costs arising out of any failure by Hugh Burden Photographer to obtain any clearances for which he was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. Hugh Burden 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.
    G.   Payment
Payment by the Agency will be expected for the commissioned work within 30 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days Hugh Burden Photographer reserves the right to charge interest (Late Payment of Commercial Debt (Interest) Act 1998) at 2% over bank rate from the date payment was due until the date payment is made. Failure to pay revokes any permission or agreed licence, see 'C.Use' above.
    H.   The Day
On average a normal day consists of up to 8 hours, including a lunch break, between the hours of 8 am and 7 pm. On days, which overrun Hugh Burden Photographer, reserves the right to charge a further fee.
    I.   Expenses
Where extra expenses or time are incurred by Hugh Burden 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 Hugh Burden Photographer 's normal rate to the Photographer in addition to the expenses as having been agreed or estimated.
    J.   Insurance
Clients should insure all properties entrusted to Hugh Burden Photographer against all risks.
    K.   Rejection
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
    L.   Cancellation/Postponement
A booking is considered firm as from the date of confirmation and accordingly Hugh Burden Photographer will, at his discretion, charge a fee for cancellation or postponement. NOTE Any cancellation fee payable may only be or include any cancellation charges payable by Hugh Burden Photographer in respect of model fees, stylist fees, set build fees etc.
    M.   Right to a Credit
Hugh Burden Photographer asserts his statutory right to be identified as creator of the work and asserts his Right to a Credit as set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof. 'Hugh Burden Photographer' or 'Hugh Burden' will be printed on or in reasonable proximity to all published reproductions of the Photograph(s).
    N.   Archiving
Hugh Burden Photographer accepts no responsibility for long term archival of digital images or loss of any data on hard drives, cloud or any contemporary or future technology, unless otherwise agreed in writing; however images will be retained as long as possible while they remain retrievable.


4.   NON COMMERCIAL CLIENTS
    A.   Definitions
For the purpose of this agreement "the Client" is an individual who is a not trading as or employed in a business and the commissioned photography is for personal non commercial use.
    B.   Copyright, Image Licencing
The entire copyright in the photographs created by Hugh Burden is retained by Hugh Burden at all times throughout the world (in accordance with the Copyright Designs & Patents Act 1988). Any Digital Files, Physical Prints, framed or otherise provided are covered by a Right To Use Licence. You do not have the right to copy, reproduce in any way mechanical or by any digital method known or to be invented, for commercial, advertising or editorial use for yourself or any third parties. The Digital Files and /or Print/s are for personal use only and as such are licenced for your use In Perpertuity. If the print/s digital files are commissioned as a gift or subsequently gifted or willed, the Right To Use Licence and all conditions in perpetuity are transferred to the new owner.
Image Licensing - any parties who are not clients e.g. bloggers, businesses commercial or editorial, who wish to use any image created by Hugh Burden for, including but not limited to, website publication, print publication, blog and or social media publishing, advertising or editorial must contact Hugh Burden Photographer directly to first enquire as to whether the image is available for licensing and if so to apply for a personalised Right To Use Licence. The use of any image created by Hugh Burden Photographer not covered by a Licence To Use will be in breach of copyright. The Photographer shall be held harmless for any dispute, claim, expenses, damages and/or legal costs arising out of the Client’s use of the photography. The photographer reserves the right to use the photographs for self promotion
    C.   Agreement
The contract to supply photographs comes into effect from the date of receipt of any payment/deposit or a verbal or written acceptence of fees to be paid by the Client to the Photographer. By definition of the contract the Client agrees to these Terms and Conditions unless otherwise agreed in writing.
    D.  Deposit and Payment.
Fees and Prices will be furnished via email. On receipt of a deposit payment the commission is confirmed and agreed shooting dates reserved. Payment can be made via Cash, Paypal or Bank Transfer. Any balance payments are due at point of delivery of final digital files and or prints
    E.  Right to Credit.
In all instances of the images being published, online or in print the Photographer asserts his statutory right set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof, to be identified as the copyright owner and author of the images. The Photographer’s name must appear next to or in reasonable proximity to the commissioned photography images published as shown below: Image ©2020 Hugh Burden photographer.
    F.  On Line Proofs.
The Photographer will provide the Client with access to an online proofing gallery to view and select their favourite images for final post production. The on line images will be low-resolution and largely unedited. The Photographer will confirm the image selections with the Client and once confirmed will begin editing the Clients selected images. The proofing gallery is for image selection only - copying, downloading, sharing, videoing, taking screen-shots, printing or otherwise the making any record of the proofs is strictly prohibited.
    G.  Editing.
Images are edited in line with the photographers style and discretion. In general, the post production involved can include lens correction, cropping, straightening, colour correction, exposure and contrast adjustments among other things. Where applicable it may include skin smoothing and removal of temporary imperfections as necessary. Major retouching services are available for an additional charge.
    H.  Image Delivery - Archiving.
The digital images will be supplied in JPEG format and contained in a ZIP file ready for downloading from Hugh Burden's Dropbox account, or similar service. The Client will be emailed a link. It is recommended the Client securely backs up the digital images on at least two external hard-drives for safekeeping. The ZIP file will be available for two months before deleting. Hugh Burden Photographer accepts no responsibility for long term archival of digital images or loss of any data on hard drives, cloud or any contemporary or future technology, unless otherwise agreed in writing; however images will be retained as long as possible while they remain retrievable.
    I.  Print Delivery
Printing usually takes 3 to 5 working days plus post time on top. The prints are supplied rolled in a secure cardboard tube and sent via recorded mail. In the event of any delays our end, due to commissioned workload, we will keep you informed by e-mail. Any date of delivery given by Hugh Burden shall be an estimate date, we will do our utmost to get your prints to you as quickly as we can. Please note despite all our best intentions Hugh Burden Art shall not be held responsible for late delivery.
    J. Non Fulfilment Of Commission
If the Photographer is unable to provide the services commissioned due to unforseen circumstances including but not limited to illness, injury, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer shall refund any monies paid and shall have no further liability. Further, in the very unlikely event the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing faults, lost or damaged digital files, liability shall be limited solely to a full refund of all monies the Client has paid to the Photographer.
    K.  Indemnity.
The Photographer shall be held harmless for any and all injury to the Client and/or damage to their belongings during the course of the photography session.

4.   EXCLUSION OF LIABILITY
Hugh Burden takes all reasonable steps to ensure that the information on this Website is correct. However the correctness or completeness of material on this Website is not guaranteed. Neither Hugh Burden nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liable or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of Hugh Burden Photographer website. This exclusion shall include without limitation, any other direct, indirect or consequential loss. Any links to third party websites located on this Website are provided for your convenience and reference only. Hugh Burden accepts no responsibility for such third party websites or their content.

5.   VARIATION
These Terms and Conditions shall not be varied except by agreement in writing.

This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales 2020.




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Mail:  hugh@hughburden.com     Telephone: +44 (0)7788 746 797

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