Terms of Service

The Terms of Service as set out below forms the basis of agreement between the Photographer and the Client. The Client is required to agree to these terms before obtaining goods and services from Joe Chan Photography.

1. Definitions

1. "Photographs" include all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material. For the purpose of this agreement the term “Photographs” also include videos.

2. “Photographer” is the author of photos, Joseph Chan, unless otherwise specified.

3. “Joe Chan Photography” is a trading name of the photographer Joseph Chan.

4. 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 the 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 the Photographer's Client.

5. “Client” is the person or organisation to whom the invoice is addressed, regardless of whether the Client is a direct client or through the Agency or the Advertiser.

2. Copyright and Ownership of Materials

1. The entire copyright in the Photographs are retained by the Photographer at all times throughout the world, and is administered under the trading name Joe Chan Photography.

2. Title to all Photographs remains the property of the Photographer.

3. Photographs will be Licence to Use for a specified period. When the Licence to Use the material has expired, the Photographs must be returned to the Photographer and all digital files be destroyed within thirty (30) calendar days of expiration of the Licence to Use.

3. Use and Reproduction

1. The Licence to Use comes into effect from the date of full 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.

2. 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.

3. Reproduction rights are not issued exclusively to the Client unless otherwise specified.

4. The Licence only applies to the advertiser and product as stated on the front of the form and its benefit shall not be assigned to any third party without the Photographer's permission. Accordingly, even where any form of 'all media' Licence is granted, the Photographer's permission must be obtained before any use of the Photographs for other purposes, for example, use in relation to another product or sublicensing through a photolibrary.

5. Any manipulation to the image or use of only a portion of the image are not allowed without prior written agreement with the Photographer. In cases where modification is allowed, no assignment of any copyright shall be implied.

6. Save for the purposes of reproduction for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of the Photographer.   

7. 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.

8. Unless otherwise agreed in writing, all further Licences in respect of the Photographs will be subject to these terms and conditions.

9. Any reproduction rights granted are by way of licence. No assignment of any copyright shall be implied.

4. Payment Terms

1. Payment terms are twenty-eight (28) calendar days unless otherwise specified on the invoice(s).

2. If any invoice issued to the Client is not paid by the due date, all outstanding invoice(s) issued to the Client will become due with immediate effect, regardless of whether those invoice(s) were due.

3. Joe Chan Photography reserves the rights to exercise its statutory right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.

4. Joe Chan Photography reserves the rights to take legal action to recover outstanding debts.

4. Acceptance and Rejection

1. Every effort will be made to ensure the Photographs are produced to the best possible outcome and to meet the Client’s needs.

2. Unless a rejection fee has been agreed in advance, there is no right to reject the Photographs on the basis of style, composition or editing.

5. Exclusivity

1. The Agency and Advertiser will be authorised to publish the Photographs to the exclusion of all other persons including the Photographer. However, the 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.

6. Client Confidentiality

1. The Photographer and Joe Chan Photography 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 the Photographer to carry out his obligations in relation to the commission.

7. Indemnity and Liability  

1. The Photographer agrees to indemnify the Client against all expenses, damages, claims and legal costs arising out of any failure by the Photographer to obtain any clearances for which he/she was responsible in respect of third party copyright works, trade marks, designs or other intellectual property.

2. The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases the Client shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.

3. It is the Client’s responsibility to satisfy himself that all necessary rights, model releases or consents, if required, are obtained prior any photoshoot or video recording. Joe Chan Photography does not give any warranty or undertaking that such rights, model releases or consents are obtained, which may contain the use of names, people, copyright designs, trademarks or works of art depicted in any Photograph.

8. Expenses

1. Where extra expenses or time are incurred by the 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 the Photographer's normal rate to the Photographer in addition to the expenses shown overleaf as having been agreed or estimated.

9. Cancellation and Postponement

1. A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his discretion, charge a fee for cancellation or postponement.

10. Right to a Credit

1. If the box on the estimate and the licence marked "Right to a Credit" has been ticked the trading name or logo Joe Chan Photography will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). By ticking the box overleaf the Photographer also asserts his statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.

11. Applicable Law

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

12. Variation

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

Version 1.0

Last update: 25 September 2017