Terms of business

Andrew Ogilvy Photography in the public domain:
All materials on this site are protected by copyright, intellectual property laws and licensing which are solely the property of Andrew Ogilvy Photography unless otherwise agreed prior to any work being carried out.

Any unlicensed use of work that exists within this website or any of other Andrew Ogilvy Photography web presence is not permitted without prior written permission by Andrew Ogilvy Photography.

Pricing
Pricing varies depending on the nature and make up of the job. Price lists are available on request

Additional charges - outside rates for professional time include

Should a resend be requested after imagery has been delivered an administration charge of £85 (plus any device and P&P) will be applied if Andrew Ogilvy Photography (AOP) still has imagery on file. Imagery will not be retained indefinitely. Should the client wish AOP to retain a backup of work it can be stored for 18 months at £95 per engagement and no administration charges would apply for a singular resend (excluding any device and P&P)

Pre or post-shoot coordination falls outside these terms of business and would be chargeable as additional professional time

Permissions

Provisions including but not limited to proper signage, prior permissions, image rights waivers, location release forms, any trademarks, logos, products, staff or featured individuals will be the responsibility of the client/company/sitter to secure in advance in connection to all imagery use, now or in the future by the client/company/sitter or Andrew Ogilvy Photography. It is fully understood and agreed that Andrew Ogilvy Photography will not be liable for any issues or renumeration connected to any permissions now or in the future.

Exclusions
Mileage, travel expenses, parking, accommodation, hire charges and an assistant(s) or second shooter (if required)

Studio Lighting
Depending upon your needs studio lighting is available and can be set up at the venue. A full list of equipment available can be provided on request. Set up and take down of equipment may add time to the day.

Booking confirmation and cancellation
To secure the date a non-refundable deposit for the booking will be charged at 50% of the daily rate.
If any additional costs are incurred these will also be chargeable.

Once a booking has been made it is fully accepted and understood that the terms of business will constitute how the job will be formed and charged for.

Payment
Full payment of the balance and any outstanding costs are due prior to file delivery. Upon settlement in full, license for use will be granted by the copyright holder, Andrew Ogilvy Photography

Sending of files via data transfer or online storage
Any high resolution file/s attached or linked to online storage or sent via data transfer sent are essentially ’digital negatives’ they are therefore never to be placed in the public domain and are not allowed for any online or social media use

To remove any confusion they should be saved to a desktop or laptop, not tablets or smart phones as those devices will remove the clearly assigned file names that had PRINT ONLY within them.

WEB FRIENDLY version can be also be provided if social media promotion of PRINT ONLY high resolution files is needed to compliment the licensed printed work.

PRINT ONLY files placed in the public domain will immediately any break license agreement and therefore result in an additional cost.

If the file/s or link to online storage does need to be sent to another party within our agreement then the source email ‘thread’ and text will must be included and you must direct the recipient to read my footnote and terms. You may also wish to copy in an Andrew Ogilvy Photography email so that it may absolve you of liability in potential misuse.

In downloading any image within an email/data transfer sent from Andrew Ogilvy Photography, accessed via online storage or data transfer, you hereby agree that you have read, understand and accept all of Andrew Ogilvy Photography's terms of business

Andrew Ogilvy Photography will always retain full image rights worldwide, in any work commissioned or undertaken unless agreed in writing before any booking, fee is agreed or any photography takes place.

Portfolio Disclaimer

Any individual/s image represented or legal guardian/s present at the time of photographing and the like, related to any image within this portfolio whom feel unclear as to the reason of portfolio inclusion please contact Andrew Ogilvy Photography immediately via the contact page of this website.

Every effort has been made and will be in the future to contact specific individual’s connected to this portfolio as to previous agreements or understandings as an important courtesy.

Comments / Quotes Disclaimer
Andrew Ogilvy Photography reserves the right to use any Comments / Quotes communicated either now or in the future, in writing or person, in full or part with no form of remuneration worldwide for any use

Website Disclaimer
While Andrew Ogilvy Photography endeavours to ensure that the contents of the site are accurate, errors or omissions may occur and Andrew Ogilvy Photography does not accept any liability in respect of them.

Any links provided on the site are provided for your convenience – their inclusion does not imply any approval or endorsement by Andrew Ogilvy Photography. Andrew Ogilvy Photography has no control over these sites and does not accept any responsibility or liability in respect of them.

1. Terms and Definitions:

(a) picture includes a photograph, images, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction;

(b) reproduction includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist's reference, artist's illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means;

(d) the Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party);

(e) Andrew Ogilvy Photography administers the licensing of the works of the Photographer, Andrew Ogilvy and is a trading name of Andrew Ogilvy Photography as a company in England;

(f) These terms and conditions represent the entirety of the agreement between Andrew Ogilvy Photography and the Client. Any variation is only applicable when agreed in advance and in writing;

2. Copyright and Ownership of Materials:

(a) The entire copyright in the pictures is retained by the Photographer, Andrew Ogilvy at all times throughout the world;

(b) Title to all photographs remains the property of Photographer Andrew Ogilvy;

(c) Images may be licensed for use for a specified period. When the License to Use has expired, the images should be returned to the Photographer and a written undertaking given that all digital files have been destroyed. The Client is expected to comply with this requirement within 30 days of expiration of the License to Use. The Photographer reserves the right to make an additional charge for continued use after this period;

(d) The Photographer, Andrew Ogilvy, supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or grant of reproduction rights in respect thereof;

(e) Andrew Ogilvy asserts both his moral right to be identified as the author of his work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988;

(f) Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice or credit line specified by Andrew Ogilvy any fee payable by the Client shall be subject to an increase specified by Andrew Ogilvy, and in any event an increase of not less than 25%.

3. Use and Reproduction:

(a) The License to Use only comes into effect once full payment of the invoice has been made. No use may be made of the images until full and final payment – including any late payment charges that may have been levied – has been received by Andrew Ogilvy Photography;

(b) Permission in writing may be granted for image use before payment, however this permission will be immediately revoked if payment of the invoice is not made by the timescale stated on the invoice;

(c) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on Andrew Ogilvy ´s invoice. An agreement must be reached with Andrew Ogilvy Photography before the pictures are used for a different purpose or after the licence to use has expired;

(d) Reproduction rights are not issued exclusively to the Client except when specified on the invoice;

(e) Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights;

(f) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied;

(g) Andrew Ogilvy Photography reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client;

(h) In the case of printed publications, a copy of the relevant pages containing any picture supplied are to be furnished to Andrew Ogilvy Photography free of charge. In other media, evidence of use must be made available if requested;

(i) On the Client's death or bankruptcy or (if the Client is a company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, Andrew Ogilvy Photography may at any time thereafter inspect any records, accounts and books relating to the reproduction of its pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.

4. Definitions of Reproduction Rights:

The following terms are used when describing the reproduction rights granted by Andrew Ogilvy Photography the Photographer to the Client:

(a) Internal Use only: The right to use the pictures only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client's premises; editorial use in the Client's intranet site;

(b) PR and Press distribution: The right to use the pictures as described in 4(a); plus a licence for third parties to reproduce such pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication;

(d) Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an editorial context only.

5. Booking and Cancellation:

(a) to secure the date a non-refundable deposit for the booking will be charged at 50% of the daily rate. If any additional costs are incurred these will also be chargeable;

(b) due to unlikely, unforeseen circumstances that mean Andrew Ogilvy Photography is unable to fulfil the held date, the deposit will be refunded in full and a replacement photographer will look to be found;

(c) It is fully accepted and understood that Andrew Ogilvy Photography will not be liable for any other costs/charges related to the cancelled date(s) in the unlikely eventuality that the commission cannot be carried out;

6. Payment Terms:

(a) payment terms are strictly net 28 days (4 weeks) unless agreed in advance and in writing; (b) If payment is not made in accordance with (a) above then Andrew Ogilvy Photography may rescind any Agreement and recover damages, or, at its option, may exercise its statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998;

(c) An admin fee of £45 will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuance of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices;

(d) The Client's right to reproduce a picture arises only when Andrew Ogilvy Photography´s invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or invoices).

Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling Andrew Ogilvy Photography to rescind the Agreement and rendering the Client liable for the payment of damages;

(e) If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 28 days from the issue date, and that Andrew Ogilvy Photography may consider these invoices as overdue when pursuing legal action for the recovery of said debts;

7. Rejection:

(a) Andrew Ogilvy Photography will edit and deliver what Andrew Ogilvy Photography considers to be the best of every situation covered;

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

8. Liability and Indemnity: (a) While Andrew Ogilvy Photography takes all reasonable care in the performance of this agreement generally, the photographer Andrew Ogilvy Photography shall not be liable for any loss or damage suffered by the Client of by any third party arising from use or reproduction of any picture or its caption;

(b) The Client agrees to indemnify Andrew Ogilvy Photography in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by Andrew Ogilvy Photography;

(c) It is the Client who must satisfy that all necessary rights, trademarks, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Andrew Ogilvy Photography gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any picture. In the event that the picture issued or reproduced by or with the authority of the Client then the Client shall indemnify Andrew Ogilvy Photography against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained;

(d) provisions including but not limited to proper signage, prior permissions, full image rights waivers for the venue, staff and attendees will be the responsibility of the client in connection to all imagery made during the event. It is fully understood and agreed that Andrew Ogilvy Photography will not be liable for any issues connected to permissions during or after the event in use by the client or Andrew Ogilvy Photography.

9. Applicable Law: (a) This Agreement shall be subject to and constructed according to English Law and the parties agree to accept the exclusive direction of the Courts of England; (b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties. (c) Email communication constitutes a contract in law, unless the Client specifically states they will not accept this and instead provides hardcopy paperwork of all relevant agreements and contracts.

10: Payment:

Making Payment by BACS is preferred and bank details will be provided on each invoice.

All Andrew Ogilvy Photography prices and terms of business are subject to change

Terms of business

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