Thank you for taking the time to read these PixelLit Terms and Conditions, but before you do please let me address some common client fears to hopefully put your mind at rest.

These Terms and Conditions really do exist to protect you the client, as much as to protect me, and for the most part they only become active in the event that something goes wrong.

I’m glad to say to date this has never happened with one of my clients.

Some of my clients have expressed concerns about the issue of Image Copyright. Hopefully I can lay any concerns you may have to rest and explain a little of why I retain Copyright for your benefit;

When your business hires PixelLit to take pictures for you I do retain Copyright, but I also assume that your business will need to use the pictures for a wide range of purposes – website, newsletters, press releases, internal communications, brochures and much more.

My standard fees reflect the varied uses the images will be put to and I won’t be contacting you every time you place a photo in any corporate or promotional material (print or electronic) provided that material is promoting your business and your business alone. You’ll also receive a print release specific to your images.

The only restriction I ask to be respected is that when I take pictures for your business or organisation, they are not then shared with other organisations for their own communications and PR without my knowledge. Of course if you’re sending out a press release, I expect your target publications to be able to publish the images for free in connection with any press release issued by you. If you and another business or organisation wish to share the photos for joint publicity, please let me know and I’ll work something out to cover that. The reason I retain Copyright isn’t just to protect me, it also protects you, the end user.

The internet is a great place to do business, but there are many people who would love to steal the images I take for you and then use them for their own business. Would you rather I pursue infringers of my own Copyright, or do you want to be policing those images yourself ? It can be time consuming…

PixelLit don’t charge to deal with infringements (the infringer pays) provided I still own the Copyright. Another example of the benefit of me retaining Copyright is that when you send pictures with a press release I can stipulate to the publications that the images are only to be used in conjunction with that press release – and it’ll be PixelLit doing the pursuing if a publication misuses the images.

Above all else, if there is anything about these Terms and Conditions which is of a concern or is confusing to you then please email me or pick up the phone to talk about it.

Alternatively, book a photographer who doesn’t have Terms and Conditions. You can always hope that nothing will ever go wrong…..

Thank you for reading this far and I hope the following is less worrying in the light of what I’ve just explained…

PixelLit Commercial Photography Terms & Conditions.

1. DEFINITIONS The placing of an order by the client and the acceptance of that order by PixelLit Commercial Photography (thereafter referred to as the Photographer), brings into being a contract on the Photographer’s Terms and Conditions as detailed in the following paragraphs. ‘Photographs’ means all photographic material furnished by the Photographer, in physical or electronic format.
2. STANDARD PAYMENT TERMS

Agreed day rate to be paid prior to the date of the shoot.

Licensing & editing are due payable 30 days from release date of proof images.

3. COPYRIGHT The entire Copyright in the Photographs is retained by the Photographer at all times throughout the world.
4. OWNERSHIP OF MATERIALS Title to all Photographs remains the property of the Photographer unless negotiated & agreed otherwise. Any said agreement must be confirmed in writing by both parties.
5. LICENCE TO USE Licence to use comes into effect from the date of payment of the relevant licensing invoice. No use may be made of the Photographs before payment in full 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 initial (UK First Use) Licence period shall be for three years from the invoice date and entitles the client to use the Photographs for the purpose for which they were originally commissioned. The Licence only applies to the Client and product as stated on the invoice 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 secondary licensing through a photo library. Permission to use Photographs for other 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.
6. EXCLUSIVITY The client is licensed to publish the Photographs to the exclusion of all other persons including the Photographer during the first year of the Licence period. 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 first year of Licence period indicated above the Photographer is entitled to use the Photographs for any purpose.

7. CLIENT CONFIDENTIALITY The Photographer will keep confidential and will not disclose to any third parties or make any use of any material or information communicated to him in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out her obligations in relation to the commission.
8. INDEMNITY In all cases the client will indemnify the Photographer against any expenses, damages, claims and legal costs arising out of any failure to obtain clearances in respect of third party Copyright works, trade marks, designs or other intellectual property.
9. LIABILITY Neither the Photographer or her agents shall accept liability for any loss or damage of any kind, including consequential damage howsoever caused, to any goods, materials or other property belonging to the client, whether in transit or whilst in the custody, power or possession of the Photographer. Clients are advised to ensure material of value is suitably insured against all risks.
10. EXPENSES Where extra expenses or time are incurred by the Photographer as result of alteration to the original brief by the client, or otherwise at their request, the client shall give approval to and be liable to pay such extra expenses or fees at the Photographer’s normal rate to the Photographer in addition to the agreed or estimated expenses.
11. DELIVERY Where applicable appropriate charges will be made for post and packing, delivery or electronic file transmission.

12.CANCELLATION Cancellation fees are payable when a shoot has been confirmed in writing, then cancelled.

• Within 24hrs 100% fee plus any expenses incurred.
• Within 2-6 days 50% fee plus any expenses incurred.

13. REJECTION If no representative of the client is present during a shoot and in the absence of a written brief or specific layout the Photographer’s judgement is final. Rejection of the work on the basis of style, composition or lighting is not acceptable. Any complaint must be made in writing within 24 hours of receipt of final images.
14. RIGHT TO A CREDIT It is the legal right of the Photographer to have her name printed on, or in reasonable proximity to, all published reproduction of the Photographs. The Photographer also asserts her right to be identified as defined by Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment thereof.
15. MANIPULATION OR ALTERATION OF IMAGES Manipulation of an image, or use of only a portion of the image may only take place with the prior permission of the Photographer.
16. PRIVACY The PixelLit GDPR compliant Privacy Notice is available in the Downloads section of the website.

These Terms and Conditions shall not be varied except by agreement in writing. All agreements between the Photographer and the client shall be governed by the Laws of England and Wales.