Ed Reeve – ARCHITECTURE AND INTERIORS PHOTOGRAPHER
All references in this agreement to the term ‘Client’ shall refer to the person(s) or company directly employing the photographer, or, where the client is not a direct client, i.e. a third party or agency, that third party or agency shall be interpreted as the ‘Client’.
By hiring Ed Reeve for photographs, products, services, etc. you, the Client, agree to the following terms and conditions in perpetuity:
1) Rights of client to reproduce the images:
The client on payment of invoice is granted perpetual and worldwide usage license rights for all photographs. Photographs produced for the Client may be used for all marketing and self-promotion through electronic and printed forms associated with the specified property. Direct advertising usage must be negotiated and agreed with the photographer on a separate basis. Client will not make any alterations to the images without written permission from the photographer Ed Reeve.
Please note that the ownership and subsequent copyright of the photographs remains with the photographer Ed Reeve.
2) Limitation on third party use.
A license is granted only to the paid client and not to any third party. Any third party; including but not limited to architects, builders, designers, and all contractors involved with the project; interested in usage of photos may contact Ed Reeve for licensing fees.
The client may not resell, copy, transfer, etc. any of Ed Reeve’s photographs to a third party. The only exception to third party use is project photographs of a private residence to homeowner. Client may give homeowners a copy of images for personal record.
3) Social media usage.
If published or used on social media, photography credit must be given to Ed Reeve/@editphoto within the comments section.
4) License to use and third party use exclusions.
The licence to use images only applies to the ‘Client’, as agreed at the time of commission. The Photographer MUST give permission or agreement before any benefit of the licence or any use of images can be assigned to ANY third party.
The licence to use the images comes into effect from the date of payment of the relevant invoice. Provisional license to use the images is granted for a period of 30 days from date of delivery. The license is immediately revoked if payment of the relevant invoice for the images is not made within 30 days or if the Client is put into receivership or liquidation.
4a) Any unauthorised third party use of the photographs will be seen as a breach of UK copyright law and pursued accordingly. Using an image without a valid license is considered copyright infringement in violation of the Copyright, Design and Patents Act of 1988.
5) The Commission:
By scheduling a shoot with Ed Reeve, Client and property owner agree to property photography release without signature. Client or representative of Client should be present at the shoot to give access to property and discuss shots needed and other considerations and requests. If the Client cannot be present then a written brief to specify exact shots desired must be delivered no later than 24 hours prior to the shoot. Directions or briefs will not be accepted over the phone.
The client has no right to reject the supplied images / commission on the basis of style, composition or subsequent non-requirement of images.
7) Cancellation / Postponement
An assignment booking is considered agreed and firm from the date of the confirmation, therefore the Photographer will, at his discretion charge a fee for cancellation or postponement.
Cancellation. The Client will pay for ALL expenses incurred up to the time of the cancellation of the commission. In addition, the Client will be charged at 50% of the agreed rate if the commission is cancelled less than two days prior to the commission, and 100% of the fee if less than 24 hours.
Postponement. Unless agreed in writing, the Client will be charged 100% of the agreed rate for the commission if postponement occurs afer the Photographer has departed for the location ( This excludes bad weather ) and 50% of the rate agreed for the commission if postponement occurs less than 24 hours before departure.
Should the Client wish to use the Photographs to the exclusion of all other parties for a set period then a separate fee shall be negotiated in writing. However, the Photographer retains the right in all cases to use the Photographs in any manner at any time regardless of any exclusive period agreed and in any part of the world for the purposes of promoting his work. Upon expiry of the exclusivity period the Photographer shall be entitled to use the Photographs for any purposes.
9) Releases and clearance.
The Client shall be responsible for obtaining ANY and ALL required clearances, and will indemnify the Photographer against all expenses, damages, claims and legal actions and/or legal costs arising out of any failure to obtain such clearances. Furthermore the Client is responsible for obtaining all necessary permissions and releases for usages that require any property or model releases, unless agreed and delivered by the Photographer.
10) Copyright / reten&on of image rights:
All images/digital files remain the copyrighted property of Ed Reeve. Ed Reeve owns all images/ digital files and their copyrights unless otherwise stated in wriMng. Ed Reeve holds the right to publish & use photos taken for adverMsing & self-promoMon. This includes the right to place the images within a stock library / agency for further sales / licence purposes. This agency has the right to licence the images for possible worldwide non exclusive use.
11) General terms:
Prices subject to change without noMce.
Above listed terms and condiMons represent the only contract between Ed Reeve and the Client (unless specified otherwise.)
Terms and condiMons subject to revision.
Client agrees to allow Ed Reeve to display and post online photographs, project informaMon, and Client informaMon at Ed Reeve’s discreMon. Client name may be used for Ed Reeve’s self promoMon unless asked otherwise.
Ed Reeve is not responsible for the posMng of images to third party websites. Ed Reeve is not responsible for issues or complaints in the event of decreased quality on third party website.
Ed Reeve is an independent contractor and not the Client’s employee. Client is not an agent for Ed Reeve and cannot make agreements on his behalf.
The normal agreed daily rate includes basic and reasonable (Explained to Client on request) post processing of digital files prior to sending to the Client. If the Client requests addiMonal post processing work the Client will be charged at the rate quoted and agreed.
13) Extensions to original fee
Where extra Mme or expenses are incurred by the Photographer as a result of alteraMons to the original brief by the Client, or otherwise at their request or on their behalf by an authorised third party, the Client shall give approval and be liable to pay such extra expenses or fees at the Photographers normal agreed daily rate to the Photographer in addiMon to the expenses and fees as having been agreed or quoted.
14) Author right to credit of images.
All published usages, either in print or electronic of images taken by the Photographer shall be accompanied by a wriQen credit to the Photographer within reasonable proximity of the image(s). The Photographer asserts his statutory right to be idenMfied in the circumstances set out in SecMons 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
15) Applicable law
This agreement shall be governed by the laws of England & Wales.
These Terms and CondiMons shall not be varied except by agreement in wriMng.