Terms and Conditions for Keith Moss Photography

All photography and text on this web site is © Keith Moss 2008.

Note - For the purpose of this document Keith Moss Photographer shall be referred to as KMP. The visitor to the site or the individual (whether representing an organisation or not) who orders an image shall be referred to as the Client.

0.1 IN THIS AGREEMENT the term picture or image includes photography, transparency, negative, design, artwork, painting, engraving, digital image file or any other item which may be offered for the purpose of reproduction; the term reproduction includes any form of publication or copying of the whole or part of any picture whether altered or not and whether by printing, photography, slide projection (whether to an audience or not), xerography, electronic or mechanical reproduction or storage, or for any use as artist's reference or illustration, or in a layout or presentation.

0.2 NO VARIATION OF the terms and conditions set out here will be effective unless agreed in writing by both parties. In the event of any conflict between these terms and conditions (including those relating to the time of payment) and those issued or submitted by the Client and in the absence of any contrary agreement in writing these Terms and Conditions shall prevail.

0.3 IMAGES ARE SUPPLIED on loan and no property or copyright in any picture passes to the Client either on submission of the images or on the grant by Keith Moss Photography (KMP) or reproduction rights for any image.

0.4 THE IMAGES The images are presumed to have been received in good condition unless the Client notifies KMP in writing of any discrepancy or error within 14 days of receipt.

0.5 PERMISSION TO REPRODUCE AN IMAGE is granted to the Client ONLY by KMP when a fee for the reproduction has been agreed with KMP and an invoice has been issued by KMP and paid in full by the Client to KMP.

0.6 IF KMP'S INVOICE IS NOT PAID in full within 30 days of issue, KMP may charge interest on the overdue payment at 2.5% per month or part of a month.

0.7 PERMISSION TO REPRODUCE AN IMAGE applies only to the reproduction described in the invoice or licence. In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to KMP an unauthorised use fee of £100 per image used

0.8 THE RIGHT TO REPRODUCE an image on disc is granted by KMP. The decision is at KMPs discretion and personal to the Client. The Client may not assign images either on disc to any third party without KMP's prior written consent.

0.9 THE CLIENT MAY NOT alter or add to or manipulate a picture by means of computer or any other technique or reproduce a picture in whole or in part as an element within, or as a montage with, another picture without KMP's written permission.

1.0 WHILE KMP HAS taken reasonable care to correctly identify, caption and orientate the pictures, it does not accept any liability for loss or damage incurred by the Client or any third party caused by any errors

1.1 UNLESS SPECIFIED IN writing, KMP makes no claim or warranty as to the existence or validity of connected there with model or other releases in respect of the images or as regards the reproduction by the Client of any names or trademarks depicted in the pictures. It is the Client who must satisfy himself that all necessary rights, releases or consents required for reproduction have been obtained.

1.2 KMP DOES NOT PERMIT "self-billing" by the Client and a licence to reproduce is granted only when the full fee has been agreed with, invoiced by, and paid to KMP in accordance with condition 05 above.

1.3 THE CLIENT WILL fully indemnify KMP against any unauthorised reproduction of a picture submitted to the Client made by any third party as a result of or arising out of any breach by the Client of any of these terms and conditions (including but not by way of limitation the Client allowing an image or a copy thereof to come into the possession of a third party without KMP's prior written consent).

Keith Moss accepts no liability for non-supply of pictures for whatever reason. It is the client’s responsibility to ensure that all the necessary clearances have been obtained to allow the pictures to be taken without hindrance or infringement of trademarks of copyrights.

A standard contract outlining the brief, costs and intended usage of photographs will be provided and agreed before work commences.

Colour photography is undertaken within the limitations of the process and certain colours may not necessarily be facsimile over the whole range of colours within a subject. Prints made at different times may be variable in colour balance. Please note that different surfaces and textures react differently in some lighting conditions and can cause the colour of the subject to change, giving incorrect colour beyond the photographers control.

Although Keith Moss shall exercise all reasonable skill, care and diligence in the discharge of his duties, it is understood that, in the event of any unforeseen circumstances causing loss of photographic record, Keith Moss will only be responsible for the return of all the money paid to date. Every effort will be made to retake the photographs. No liability is accepted for weather, acts of God, terrorism or other situations beyond the control of Keith Moss.

Any queries relating to the pictures or to the invoice must be raised immediately upon receipt. Pictures cannot be rejected for reasons of style or composition. Invoices must be paid within the specified period. Overdue invoices will be subject to interest at a rate that will be notified on request or at least seven days prior to becoming effective on a specific invoice.

Keith Moss retains full copyright in all images. No photographs may be copied or reproduced by any means photographic of otherwise by any person or machine other than by Keith Moss Gallery or his agent. The client is licensed to use the pictures only for the purpose (s) specified. No license becomes effective until the invoice is paid in full. The license is granted to the named client only, and is non-transferable.
Keith Moss asserts his moral rights to the fullest extent permissible at law in relation to all works created by the Keith Moss.