1. Definitions.
   For the purposes of this agreement 'the advertiser', ' the agency ' or ' the customer' shall where the context so admits include their respective assignees, sub-licenses and successors in this title. In cases where the photographers client is a direct client (i.e. with no agency or intermediary), all references in this agreement to both the 'the advertiser', ' the agency ' or ' the customer shall be interpreted as references to the Photographer's client. 'Photographs' means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.
2. Copyright.
   The entire copyright in the Photographs is retained by Jason Randall of Montage Works at all times throughout the world. Images that are created by Montage Works may be used to promote the business, in all types of media, at any time and for an unlimited duration of time.
3. Ownership of Materials
   Title to all Photographs remains the property of Jason Randall of Montage Works. When the licence to Use the material has expired the Photographs must be returned to the Photographer in good condition within 21 days.
4. Use
   The license 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 Photographers 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. Where use is restricted in the agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee, to be mutually agreed. Note : An agreement must be reached with the Photographer before the Photographs may be used for other purposes. Unless otherwise stated the license is granted for one off production in two media, in the UK in relation to the job on the invoice.
5. Exclusivity
   The Advertiser, Agency and Customer will be authorised to publish the Photographs for the assignment described, only (in specific media as agreed). Exclusivity rights must be negotiated before the assignment commences, if required, in writing. 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 purpose of advertising or otherwise promoting his/her work. After any exclusivity period indicated in the Licence to Use the Photographer shall be entitled to use the Photographs for any purposes.
6. Client Confidentiality
   The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.
7. Indemnity
   The Photographer agrees to indemnify the Agency and the Advertiser 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. The 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 and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
8. Payment
   Payment by the Agency/Customer will be expected for the commissioned work within 28 days of the issue of the relevant invoice. (late payment after 56 days without prior arrangement will be penalised by the Late Payment of Commercial Debts (Interest) Act 1998)
9. Expenses
   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 Photographers normal rate to the Photographer in addition to the expenses already accumulated as having been agreed or estimated.
10. Rejection
    Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
11. Cancellation & Postponement
    A Booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a fee for cancellation or postponement, cancellation of booking up to 72 hours, of work being commenced, will result in ½ fee payable and cancellation for a time less than 72 hours of work being commenced, under any circumstances, will result in 100% of fee payable.
12. Right to a Credit
    The Photographer or Montage Works has the right to credit, which will be printed, on or in reasonable proximity to all published reproductions of the Photograph(s). The Photographer will assert his/her statutory right to be identified in the circumstances set out in sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amended or re-enactment thereof.
13. Supply to Third Parties
    The licence only applies to the advertiser and product as stated on the front of the form
14. Electronic storage
    Save for the purposes of the production for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of the Photographer. Manipulation of the image or use of only a portion of the image may only take place with permission of the Photographer.
15. Applicable Law
    This agreement shall be governed by the Laws of the European Union and UK.
16. Digital supply
    Digital images will be supplied in adobe 1998 colour space in RGB, PC tiffs/jpegs (advisable) and PhotoShop files, unsharpened. File size required must be specified before commencement of the commission. CDs will be provided in ISO 9660 format, they can become unreadable due to careless handling, therefore no responsibility can be accepted for their continued performance. Targeted CMYK conversions can only be supplied if the printer provides specific information. No responsibility can be taken for colour variations due to the unpredictable nature of print and un-calibrated workstations.
17. Loss
    Loss of any work will be charged for. There will be a minimum fee of £500 for any work lost. Where work is on Transparency for return there is a minimum fee of £1000. If work has been lost by post a proof of postage is required. The minimum insurance required for returned transparencies is £5000 by special delivery.
18. Variation
    These terms and Conditions shall not be varied except by agreement in writing.