TERMS AND CONDITIONS:
These are the terms and conditions referred to in the Form (as defined below) and together with the Form are the entire agreement (the “Agreement”) between you, the Client, and Novel Beings Ltd incorporated and registered in England and Wales with company number 09042065 (the “Agency”).
1.1 "TFP" refers to Time for Pictures. Images produced under this agreement may only be used for the following purpose;
1.2 images can only be "for submission" if all parties agree prior to the shoot, as this theoretically constitutes as "paid work," meaning where one or more parties benefit financially for the use of the images.
2. Bookings and preference
2.1 While we appreciate the time and effort that goes into arranging a TFP shoot, paid work will take preference over TFP shoots;
2.2 we will do our best to find a suitable replacement should your preferred artist be booked on a paid job, however, the Agency nor the artist will be held liable for loss or damages in the instance that a suitable replacement cannot be found.
3.1 Fees are charged as follows:
3.1.1 there will be no fee charged for TFP work;
3.1.2 unless images are found to have been sold after the fact, the photographer will be billed according to the new, intended usage.
3.2 In relation to location bookings:
3.2.1 if the location is outside the M25 you must provide transport for the artist both to the booking location and back again unless agreed otherwise. If you fail to provide such transport then the Agency shall be entitled to re-charge the cost of the transport procured for the artist, unless otherwise agreed.
3.2.2 You will make a health and safety assessment of the location and shall notify the Agency of any potential risks and how these have been mitigated. You acknowledge that at all times the artist’s health and safety is of paramount importance and shall ensure that the highest standards of health and safety are complied with whilst on any location bookings.
4 Agency Fees
4.1 There will be no agency fee incurred;
4.2 unless images are found to have been sold after the fact, the photographer will be charged an additional 20% agency booking fee;
4.3 all rates are quoted excluding VAT, which is a standard 20%
5. Copyright and Ownership of Materials
5.1 The entire copyright belongs to the Photographer and the Photographer retains ownership of all physical material at all times throughout the world. (i.e Novel Beings has no baring on the image rights.
6. Intellectual Copyrights
6.1 You acknowledge and agree that the Agency and the artist may use the images resulting from any booking in any form whatsoever, solely in order for the artist and the Agency to promote the artist and in the search of future job opportunities for the artist. The artist and the Agency acknowledge and agree not to exploit the images for commercial purposes, other than as set out in the Form and this Agreement.
7. PR, Print, Online and Social Media Usage
7.1 Wherever and whenever images are used or shared, copyright remains with the Photographer, but the agency’s name and the name of Novel Beings artist must appear on all posts. On Instagram images are to be tagged and credited as “@novel_beings on Twitter “@novelbeings” and on Facebook the page named “Novel Beings”.
8. Contract and authority
8.1 Only the Agency shall have the right to negotiate the Fees, matters relating to the use of the artists’ work, and/or any other services supplied by the artist. You shall not attempt to negotiate, nor allow others to negotiate, with the artist directly. Any agreement obtained from the artist by you or a photographer, either verbally or in writing, outside of the scope of this Agreement, shall not constitute a variation of this Agreement and shall not be binding on the artist or the Agency, unless and until it is agreed in writing by the Agency at its sole and absolute discretion.
9. Agency Liability
9.1 The Agencies’ entire liability to the Client in respect of any breach of its contractual obligations, any breach of warranty, any representation, statement or tortious act or omission including negligence arising under or in connection with any shoot carried out for the Client shall be limited to the Agencies’ agreed fees in relation to that shoot or event. The Agency shall not be liable to the Client for any loss of profit, loss of contracts, loss of business or revenues, loss of production or for any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Agency, the Agency’s servants or otherwise) which arise out of or in connection with the shoot or event. Notwithstanding the above, nothing in these terms and conditions excludes or limits the liability of the Agency for death or personal injury caused by the Agency’s negligence or that of his/her employees, agents or sub-contractors, for any fraudulent statement or act or for any matter which it would be illegal for the Agency to exclude or attempt to exclude his/her liability.
Payment within 30 days after invoice.