My Standard Terms & Conditions

1. Definitions

For the purposes of this agreement, “The Photographer” means Rachael Smith, trading as Rachael Smith Photography Limited and “the Client”.

The “Images”, "Works" or "Photographs" means any images supplied by The Photographer, whether photographs, prints or other type of physical or electronic material.

2. Copyright

The entire copyright in the Photographs is retained by The Photographer: a) At all times throughout the world, unless agreed on an all rights basis, and a fee paid and b) where reproduction of Works has taken place and settlement has not been made the Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.

3. Image usage

The Licence to use images only applies to the Client(s) as agreed at time of order. A usage license is given to the client when the images are supplied. Clients may additionally use the images on their own social media account(s).

Images suppled may not be passed on to, or used by any third party unless that third party’s usage has been agreed in advance with the photographer.

In addition:

• Usage permission is needed for magazines and print.
• All images are to be credited to the photographer.
• 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 the Photographer's express permission.
• Any third party usage is usage is subject to a separate fee, and usage terms if agreed in advance.
  

4. Exclusivity

No exclusivity is given or implied to the client. As the copyright holder The Photographer has the right to sell or license copies of the images to additional third parties, unless you the client has paid for and agreed upon an exclusive usage license.

5. Storage and future requests for replacement copies of images

The Photographer stores the images for two years. 

Once the images have been supplied, any future requests to replace copies lost or misplaced by the client will be charged an admin fee of £50+VAT for the time taken to get the images from archive and to re-send them to the client.

6. Release forms

It is the client's responsibility to obtain the necessary permissions for usages that require any model or property releases. The client will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.

If required template release forms for models or property can be downloaded from this website here:

• Property release form (PDF)
• Model release form (PDF)

It is the client’s responsibility to complete the required form(s), check the details are accurate and to get the required signature(s) to indicate permission is given.

7. Processing and retouching

For editorial shoots all work supplied includes basic image processing work. Basic processing means image clean-up, colour correction, spotting, removal of simple / small blemishes plus any further simple cosmetic corrections carried out at the photographer's discretion.

For commercial / advertising work the charge for image processing (as defined above) is £20 +VAT per image.

Any additional retouching requested by the client will be billed at an agreed rate on a case-by-case basis.

8. Applicable law

This agreement shall be governed by the laws of England & Wales.

If you have any questions please contact me at rachael@rachaelsmith.net