Some Legal Stuff

1. DEFINITIONS

“Picture” includes a photograph, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction.

“Reproduction” includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means The Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party).

The “Photographer” refers to Timothy C. Aikman, operating as Timothy Aikman – Photography.

Timothy Aikman – Photography is used as a trading name for Timothy Aikman (also

referred to as Timothy C Aikman)

2. COPYRIGHT

Timothy Aikman – Photography supplies the technical and artistic ability to illustrate an idea photographically. The entire copyright in the Picture/s is retained by the Photographer at all times throughout the world. No property or copyright in any pictures shall pass to the Client whether on its submission or on Timothy Aikman – Photography’s grant of reproduction rights in respect thereof.

3. OWNERSHIP OF MATERIALS

Title to all Photographs remains the property of the Photographer. When the Licence to Use the Picture/Reproduction has expired the Picture/s must be returned to the Photographer in good condition within 30 days.

4. 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 (as stated in the invoice) or if the Client is put into receivership or liquidation. The Licence only applies to the named client and usage as stated at time of commission and shall not be varied or assigned to any third party without the Photographer’s permission.

Accordingly, the photographer’s permission must be obtained before any use of the Picture/s for other purposes e.g. use in relation to another product or sublicensing through a photo library.

Permission to use the Picture/s 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 Picture/s will be subject to these terms and conditions.

5. EXCLUSIVITY

The client will be authorised to publish the Picture/s to the exclusion of all other persons for a defined period as stated in the licence. 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 his/her work.

Unless otherwise agreed, exclusivity will only granted for a maximum of One Calendar year from the invoice date.

After the exclusivity period indicated in the Licence to Use, the Photographer shall be entitled to use the Picture/s for any purposes.

In the event of the Client failing to pay the invoice, then exclusivity will be revoked. In order for exclusivity to be extended, then this will need to be negotiated with the Photographer – which includes the payment of further fees.

6. CLIENT CONFIDENTIALITY

The Photographer will endeavour to take reasonable steps to keep confidentiality and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.

Confidentiality will be broken if requested by Police, the Judicary or other recognised authority.

7. INDEMNITY

While Timothy Aikman – Photography takes all reasonable care in the performance of this agreement generally, Timothy Aikman – Photography shall not be liable for any loss or damage suffered by the Client or by any third party arising from use or reproduction of any Picture and/or Reproduction.

The Client agrees to indemnify Timothy Aikman – Photography in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any image supplied to the Client by Timothy Aikman – Photography.

Picture/s taken during the course of the session/event will be at the discretion of the photographer although every effort will be made to comply with the clients requirements.

The Photographer shall be granted artistic license in relation to the poses photographed and locations used. The Photographer’s judgement regarding these matters shall be deemed correct.

Whilst undertaking a commission, the Photographer shall endeavour to photograph all individuals as requested by the client(s) at some point, but no responsibility will be taken by the Photographer on the occasion of leaving somebody out.

At certain venues, the Photographer’s movements are sometimes restricted by the official in charge. The area from which the Photographer is able to cover the event may not be the photographer’s choice and the Photographer cannot accept responsibility for any obstructed view should this be the case.

Whilst on location, due to a variety of uncontrolled lighting and/or weather conditions, some colours and exposures maybe alter throughout a set of photographs.

Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for any Pictures and/or Reproductions that are not produced due to technical failure.

The Client/s must satisfy themselves that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Timothy Aikman – Photography gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any image. In the event that the image issued or reproduced by or with the authority of the Client then the Client shall indemnify Timothy Aikman – Photography against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.

8. PAYMENT

Payment by the Client will be expected for the commissioned work, within the first Thirty Days of presentation of the relevant invoice. If the invoice is not paid, in full, within ten working days The Photographer reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.

The Photographer reserves the right to seek legal advice for all unpaid invoices at the Client’s expense.

9. EXPENSES

Where extra expenses or time are incurred by the Photographer as a result of alterations 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 expenses shown overleaf as having been agreed or estimated.

10. REJECTION

Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition of the Picture/s.

Although every effort will be made to comply with the brief, no guarantee will be made.

Any and all brief and/or guidance provided by the client is subject to interpretation and implementation of the Photographer.

11. CANCELLATION & POSTPONEMENT

A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his discretion, charge a fee for cancellation or postponement.

12. RIGHT TO A CREDIT

Unless stipulated, the Photographer’s name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). The photographer also asserts his statutory right to be identified in the circumstances set out in Sections 77- 79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.

13. ELECTRONIC STORAGE

Save for the purposes of reproduction for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of the Photographer. Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer.

14. APPLICABLE LAW

This agreement shall be governed by the laws of Scotland and the Courts of Scotland

15. VARIATION

These Terms and Conditions shall not be varied except by agreement in writing.

Each part irrevocably agrees that the Courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim

Website usage

When you browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use. If you disagree with any part of these terms and conditions, please do not use our website.

The terms “Timothy Aikman – Photography” or “I” refers to the owner of the website.

The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

The material in the website is copyrighted: ©Timothy Aikman – Photography.

The content of the pages of this website is for your general information only. It is subject to change without notice.

Neither Timothy Aikman – Photography nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and I expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which I shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to Timothy Aikman – Photography. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Your use of this website and any dispute arising out of such use of the website is subject to the laws of Scotland.

You are welcome to view the contents of the Website for personal use, but not for any commercial purposes or re-publication