Terms & Conditions
All photography services provided by Baobab Photography are subject to the terms and conditions stipulated here. Additional terms and conditions, specific to a particular project, will be noted on the client estimate and invoice.
Definitions
For the purpose of this agreement "the Client” shall where the context so admits include their respective assignees, sub-licensees and successors in title. "Photographs" and “Images” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.
TERMS OF PAYMENT
Payment is to be made in full within 30 days of the date of invoice. Cheques to be crossed and made payable to Baobab Photography and posted to the following address: Karen Lucas, Baobab Photography, 39 Chancery Lane, #01-25 Villa Chancery, Singapore, 309568. The Photographer reserves the right to charge a 2% surcharge per month on the amount outstanding after 45 days.
COPYRIGHT AND OWNERSHIP
Ownership and copyright (local and international) of the photographs is retained by the Photographer unless expressly agreed in writing to the contrary. Rights to the photographs may not be released or assigned to any third party unless by mutual agreement between the Photographer and the Client. The Client has the option to purchase all rights to digital images and/or prints.
USE
The Licence 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 Photographer's 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 Client is put into receivership or liquidation. The Licence only applies to the client 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 e.g. use in relation to another product or sublicensing through a photolibrary. 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. Unless otherwise agreed in writing, all further Licences in respect of the Photographs will be subject to these terms and conditions.
EXCLUSIVITY
The Client 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 her work. After the exclusivity period indicated in the Licence to Use the Photographer shall be entitled to use the Photographs for any purposes.
CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at her discretion, charge a fee for cancellation or postponement.
