Terms & Conditions

Definitions

1. In the terms and conditions the following definitions shall apply:-

(a) “The Client” means any person, firm or company who negotiates with or contracts to hire the services of Ash Allen Photography or acquire a photographic usage license.

(b) “Ash Allen Photography” means Ash A Allen trading as Ash Allen Photography

(c) “The Photographer” means Ash Allen Photography, Ashley Allen or any photographer appointed by Ash Allen Photography to undertake the Commission.

(d) “The Commission” means the commission to take the Photographs, and any subsequent editing,  undertaken by the Photographer on behalf of the Client in consideration of the fee, details of which Commission are set out on the clients order.

(e) “Photograph” includes a photographic print or transparency or any other item including an electronic image (in the form of a JPG file or otherwise).

(f) “Reproduction” includes any form of publication or copying, of the whole or part of any Photograph and whether or not altered whether by printing, photography, slide projection (whether or not to an audience) xerography, artists reference, artists illustration, layout at presentation, electronic or mechanical reproduction including on-line services, Internet or CD Rom, or storage by any other means, and “to Reproduce” shall be construed accordingly.

(g) “Reproduction Fee” is the fee agreed upon between the parties to cover Reproduction of the Photographs.

(h) “Commission Fee” is the fee agreed upon between the parties to cover the assignment

(i) “Return Date” is the date by which the Photographs must be returned.

(j) “Rights Managed, or RM”, in photography and the stock photo industry, refers to a copyright Licence which, if purchased by a user, allows the one-time use of the photo as specified by the license. If the user wants to use the photo for other uses an additional Licence needs to be purchased.

(k) “Licence” The Licence covers what, where and how the image will be used.

Benefits of Licensing an image/images:

• gives the client versatility.
• is cost effective.
• is uniquely tailored to the needs of the client.

The Agreement

2. The conditions apply to all orders, supplies and reproductions of Photographs from or by Ash Allen Photography, and shall apply in place of and prevail over any terms and conditions contained or referred to in the client’s order or correspondence or elsewhere or implied by trade practice or course of dealing. No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.

Photographs

3. The Photographers judgement in the taking of Photographs in all matters regarding  locations, composition, poses, number of photographs taken and all such like matters shall be deemed to be correct. The photographer will endeavour to capture images as faithfully and accurately to the original subject matter as possible.

3.1 Ash Allen Photography will make all reasonable attempts to edit Photographs in the style requested by the client, but reserves the right to have final artistic judgement on how a Photograph should be cropped and edited.

Licence Agreements
Ash Allen Photography will provide images for the following Licence agreements, all images are Rights Managed (RM) Any client (unless otherwise stated in a contract for hire) must have permission (a license) from Ash Allen Photography to publish (reproduce) images in any medium, physical or electronic.

Editorial Licence: Photographic Imagery is used primarily for journalistic or educational purposes.

Commercial Licence: Photographic Imagery is used to sell or promote a product, service, or idea. Advertising, marketing, and promotional activities all fall into this category.

Retail licence: Photography Imagery is generally commissioned or purchased for the client’s own personal use (e.g., wedding photography, pet photography, fine art, etc.)

Copyright and Model Release

Copyright is a property right which subsists in photographic, literary and artistic works that are original intellectual creations or an individual in the photographic, literary and artistic domain.

Ash Allen Photography retains the copyright of all images supplied, unless otherwise stated in a contract, or a Licence agreement for transfer of copyright ownership has been signed and agreed upon between Ash Allen Photography and the Client.

No person shall, without the authority of the copyright owner:
(1) intentionally remove or alter any copyright data in file EXIF
(2) distribute copies of works  knowing that copyright management information has been removed or altered without authority of the copyright owner.

Image supplied is not model released. The client shall have full responsibility to obtain model release (being the permission from athlete or sports organisation) on any image or images to be used by the client.

Ash Allen Photography advises that the client may not copy or display for redistribution to any third party images for commercial purposes or otherwise.

Reproduction

The Client may only reproduce the Photographs: (a) with the prior consent of Ash Allen Photography; and (b) after payment of the appropriate Reproduction Fee.

Possession of the Photographs does not constitute consent to Reproduce them. The client must notify Ash Allen Photography of the intended use of the Photographs, and Ash Allen Photography may at its absolute discretion, then grant consent to the Reproduction by letter, email or by invoicing the appropriate Reproduction Fee and such consent shall be subject to any terms expressed in the invoice, email, or letter.

No one may make alterations in part or in full to any images taken by Ash Allen Photography without prior written consent. Ash Allen Photography has the right to object to any distortion, manipulation or modification to any images. Applicable by law, set out in Chap. 82.80 of the Trinidad and Tobago Copyright Act 1997 Part III, Moral Rights 18 (1) (d) or any amendments or re-enactment thereof.

Payment

Unless a different payment schedule has been agreed in advance payment by the Client of the Fee for the Photographs is due within 30 days of the issue of the relevant invoice for existing Clients and 15 days for new Clients. If the Fee is not paid on the due date for payment then it shall bear interest on a daily rate basis at the rate of 4% per annum, calculated from the date of the relevant invoice until the date of actual payment, as well before and after any judgement.

Expenses

Where extra expenses of time are incurred by the Photographer as a result of alterations to the original brief for the Commission by the Client, or otherwise at its request, the client shall be liable to pay such extra expenses or fees at an agreed rate to be confirmed prior to the day/days of the shoot.

Cancellation and Postponement

If the Client wishes to either cancel or postpone the Commission, it must be given two working days prior in written notice to the Photographer. If the Photographer has already carried out the Commission, he shall be entitled to charge the Fee in full. If the Photographer has not yet carried out the Commission, then (in the event of postponement) he may immediately invoice the Client for the cost of all expenses and materials (plus VAT) already incurred by him and shall be entitled to be paid for them in full before completing the commission, and (in the case of cancellation) the Photographer shall be entitled to invoice the client for the cost of all expenses and materials (plus VAT) already incurred by him together with a cancellation fee of 75% of the Time Costs element of the Fee, without prejudice to his rights in respect of any breach of contract.

Right to Credit

If the Licence Agreement granted is an Editorial Licence, Ash Allen Photography’s name must be printed on, or in reasonable proximity to, all published reproductions of the Photographs.

Ash Allen Photography asserts the statutory right to be identified as the author of the Photographs in the circumstances set out in Chap. 82.80 of the Trinidad and Tobago Copyright Act 1997 Part III, Moral Rights 18 (1) (A) or any amendment or re-enactment thereof.

Force Majeure

The Photographer shall not be liable for any failure in the performance of any of his obligations caused by factors beyond his reasonable control, including but not limited to total photographic failure, injury or sickness.

WAIVER

Neither the demand for nor the acceptance of payment made under these terms and conditions nor the failure by the Photographer to enforce any of the terms and conditions at any time or for any period will release or exonerate or in any way affect the liability of the Client or be a waiver of these terms and conditions.

This agreement shall be governed by the laws of Trinidad and Tobago.