T&C
TERMS AND CONDITIONS OF COMMISSIONING AND REPRODUCTION OF HEADSHOTS FROM STUART ALLEN
ONE.
In this Agreement the terms definitions are as follow:
(a) Picture includes a photograph, digital file, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction.
(b) 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.
(c) The Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party).
(b) 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.
(c) The Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party).
(d) The Photographer (otherwise known as Stuart Allen) is the Author of the photograph or the Photographer.
(e) These terms and conditions represent the entirety of the agreement between Stuart Allen and the Client. Any variation is only applicable when agreed in advance and in writing;
TWO.
Copyright and Ownership of Materials:
(a) The entire copyright in the pictures is retained by Stuart Allen at all times throughout the world.
(b) Stuart Allen supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or on Stuart Allen’ grant of reproduction rights in respect thereof.
(c) Stuart Allen asserts both his moral right to be identified as the author of his work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988.
(d) Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice or credit line specified by Stuart Allen any fee payable by the Client shall be subject to an increase specified by Stuart Allen, and in any event an increase of not less than 25%.
(b) Stuart Allen supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or on Stuart Allen’ grant of reproduction rights in respect thereof.
(c) Stuart Allen asserts both his moral right to be identified as the author of his work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988.
(d) Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice or credit line specified by Stuart Allen any fee payable by the Client shall be subject to an increase specified by Stuart Allen, and in any event an increase of not less than 25%.
THREE.
Use and Reproduction:
(a) Reproduction rights are not issued exclusively to the Client except when specified on the invoice.
(b) Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights.
(c) Any reproduction rights granted are by way of licence and no partial or other assignment assignment of copyright shall be implied.
(d) Stuart Allen reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.
(b) Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights.
(c) Any reproduction rights granted are by way of licence and no partial or other assignment assignment of copyright shall be implied.
(d) Stuart Allen reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.
FOUR.
The following terms are used when describing the reproduction rights granted by Stuart Allen to the Client:
(a) Headshot usage: self-promotional use by actor/model (or?agent, on their behalf) in capacity as an?actor model?including web, print, Spotlight, Mandy and other casting directories, agent mail outs and front of house by employers. Extends to personal social media profiles like Linkedin/Twitter/Facebook etc… if they support the acting/modelling career. Does not include paid-for advertising, i.e. endorsements. All use subject to accreditation.
(b) Please note: any editorial placement must be cleared with Stuart Allen. e.g. If a newspaper or magazine wishes to use an image, they must be directed to Stuart Allen to arrange a license and fee for usage.
(b) Please note: any editorial placement must be cleared with Stuart Allen. e.g. If a newspaper or magazine wishes to use an image, they must be directed to Stuart Allen to arrange a license and fee for usage.
FIVE.
Booking and Cancellation:
(a) Once the Client has made a booking for a specific time and date, and a deposit of £50 has been paid, Stuart Allen will not accept any other work from other clients for those times and dates.
(b) This deposit is deductible from the session fee, the balance payable on the day of the session. Rearranging more than two working days (ie. Wednesday for a Monday shoot) in advance of the session means the deposit transfers to the rearranged date. Rearranging within two working days of the session, means the deposit is lost, and the full session fee is payable on the rearranged shoot day. Cancelling at any point means the deposit is non-returnable. A deposit, once paid, is valid for a period of 12 months from first payment, and is thereafter, non transferable.
(c) Stuart Allen reserves the right to rearrange, cancel or postpone a session; in such circumstances, the deposit is fully repayable.
(b) This deposit is deductible from the session fee, the balance payable on the day of the session. Rearranging more than two working days (ie. Wednesday for a Monday shoot) in advance of the session means the deposit transfers to the rearranged date. Rearranging within two working days of the session, means the deposit is lost, and the full session fee is payable on the rearranged shoot day. Cancelling at any point means the deposit is non-returnable. A deposit, once paid, is valid for a period of 12 months from first payment, and is thereafter, non transferable.
(c) Stuart Allen reserves the right to rearrange, cancel or postpone a session; in such circumstances, the deposit is fully repayable.
SIX.
Payment Terms:
(a) The Client’s right to reproduce a picture arises only when Stuart Allen invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or invoices). Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling Stuart Allen to rescind the Agreement and rendering the Client liable for the payment of damages.
(b) The Client shall be entitled to select an agreed number of photos from the session to be retouched and used on the terms agreed in 4. (a), according to the following schedule: ‘Actors Headshots’: 3 photos.
(c) If payment is not made in accordance with (a) above then Stuart Allen may rescind this Agreement and recover damages, or, at its option, may exercise its statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998.
(d) If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 30 days from the issue date, and that Stuart Allen may consider these invoices as overdue when pursuing legal action for the recovery of said debts.
(e) A fee of £15 will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursual of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.
(f) Stuart Allen reserves the right to suspend ongoing services, such as (but not limited to) the Downloadable Web Page or other distribution of pictures, once any invoice issued to a Client becomes overdue, and also reserves the right to inform the reason of this to third parties to whom this suspension of service affects.
(b) The Client shall be entitled to select an agreed number of photos from the session to be retouched and used on the terms agreed in 4. (a), according to the following schedule: ‘Actors Headshots’: 3 photos.
(c) If payment is not made in accordance with (a) above then Stuart Allen may rescind this Agreement and recover damages, or, at its option, may exercise its statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998.
(d) If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 30 days from the issue date, and that Stuart Allen may consider these invoices as overdue when pursuing legal action for the recovery of said debts.
(e) A fee of £15 will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursual of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.
(f) Stuart Allen reserves the right to suspend ongoing services, such as (but not limited to) the Downloadable Web Page or other distribution of pictures, once any invoice issued to a Client becomes overdue, and also reserves the right to inform the reason of this to third parties to whom this suspension of service affects.
SEVEN.
On the Client’s death or bankruptcy or (if the Client is a company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, Stuart Allen may at any time thereafter inspect any records, accounts and books relating to the reproduction of its pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.
EIGHT.
Rejection:
(a) Stuart Allen will edit every take and deliver what it considers to be the best selection of every situation covered to be delivered in the digital contact sheets.
(b) No addition to, deletion from or alteration to or adaptation of a picture may be made without the written permission of Stuart Allen.
(b) No addition to, deletion from or alteration to or adaptation of a picture may be made without the written permission of Stuart Allen.
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
NINE.
Liability and Indemnity:
(a) While Stuart Allen takes all reasonable care in the performance of this agreement generally, he shall not be liable for any loss or damage suffered by the Client of by any third party arising from use or reproduction of any picture or its caption.
(b) The Client agrees to indemnify Stuart Allen in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by Stuart Allen.
(b) The Client agrees to indemnify Stuart Allen in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by Stuart Allen.
(c) If the Images from a Shoot are corrupted or lost Stuart Allen’s liability will be limited to providing a further Shoot at no charge.
TEN.
Applicable Law:
(a) This Agreement shall be subject to and constructed according to English Law and the parties agree to accept the exclusive direction of the Courts of England.
(b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
(b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
PAYMENT.
Payment should normally be made by bank transfer, via the details supplied in your invoice or cheque made payable to “Stuart Allen”. Proof of postage of remittances is not considered proof of receipt, and clients are advised to send payment by any method affording proof of delivery.
Terms are strictly net 5 working days (one week) unless agreed in advance and in writing.
A.I.
TERMS AND CONDITIONS REGARDING THE USE OF ARTIFICIAL INTELLIGENCE.
The owner of this website, Stuart Allen DOES NOT CONSENT to the content on this website, including photographs, being used or downloaded by any third parties for the purposes of developing, training or operating artificial intelligence or other machine learning systems (“Artificial Intelligence Purposes”), except as authorised by the owner in writing (including written electronic communication). Absent of such consent, users of this website, including any third parties accessing the website through automated systems, are prohibited from using any of the content on the website for Artificial Intelligence Purposes. Users or automated systems that fail to respect these choices will be considered to have breached these Terms of Service/this Agreement and legal action will be taken.