T&C’s + Privacy Policy

1. Definitions
For the purposes of this agreement, “the Client” is the party commissioning a Pho- tographer via the Photographer’s Agent - Germaine Walker Photographers Agent and “Client” shall, where the context so admits, include its respective assignees, sub-licensees and successors in title. “Photographs” & “Photography” means all photographic material furnished by the Photographer, whether prints or any other type of physical or electronic material. These terms and conditions shall also apply to all shoots estimated by the Photographer’s Agent, whether invoiced to the Client by the Agent or by the Photographer.
2. Copyright and Ownership of Materials
The entire copyright in the Photographs and ownership of all physical materials is retained by the Photographer at all times throughout the world. Where Photographs are stored electronically, they must be erased at the conclusion of the agreed usage period. A high-resolution digital file, pdf format file or good quality hard copy of the Photography in the context for which it was commissioned should be supplied upon request to the Photographer free of charge following publication.
3. Use
The Licence to Use (normally the invoice) comes into effect from the date of full payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoices(s) without the Photographer’s or the Photogra- pher’s Agent’s permission express permission. Any permission that 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 period of usage commences from date of first use (or 6 months after shoot date, whichever is sooner, unless otherwise agreed). Photography fees are based on a Licence to Use the Photographs within the constraints specified on the estimate. The Licence to Use only applies to the adver- tiser and products as stated on the invoice and its benefit shall not be assigned to any third party without the Photographer’s written 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 sub-licensing through a photolibrary.
4. Re-usage
Permission to use the Photographs for purposes outside the terms of the Licence
to Use will normally be granted upon payment of a further fee. Any future changes / extensions to the Licence to Use must be negotiated with Germaine Walker Photog- raphers Agent. Any estimates of usage fees to the Client are valid for a period of three months only (excepting such terms as model agencies may impose) from the date of the estimate. Any unauthorised use of the Photographs will be charged at the maxi- mum percentage stated in the Association of Photographers’ re-usage guidelines and this will supersede any previous estimate usage. All further licences in respect of the Photographs will be subject to Germaine Walker Photographers Agent terms and conditions. Fees negotiated for any further uses licensed will not be conditional on the exercise of the further rights granted and will be payable once invoiced.
5. Exclusivity
The Client will be authorised to publish the Photographs to the exclusion of all other persons including the Photographer. 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 purpose of advertising or otherwise promoting his/her work, unless otherwise agreed. An exclusivity period of five years is granted to the client unless otherwise agreed. After the exclusivity period the Photographer shall be entitled to use and license others to use the Photographs for any purposes.
6. Client Confidentiality
The Photographer will keep confidential 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.
7. Idemnity
The Photographer shall only be responsible for obtaining any clearances in respect of third party copyright works, trade marks, designs or other intellectual property if this has been expressly agreed in writing before the shoot. In all other cases the Client shall be responsible for obtaining such clearances and will indemnify the Photogra- pher against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
8. Payment
Payment by the Client is expected for the commissioned work within 30 days of the issue of the relevant invoice. If the invoice is not paid in full within 30 days the Photog- rapher reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 from the date payment was due until the date payment is made.
9. Expenses
Client should therefore allow a 10% contingency budget in all cases. All estimated costs are VAT exclusive. All expenses and production costs must be paid in advance of the shoot or on demand as applicable. The Photographer will work within the agreed cost estimate ceiling, but individual costs within the estimate may vary at his/her discretion to enable the most effective pursuance of the brief. Back-up receipts can only be provided if requested prior to shoot confirmation. If “back-up” is required there will be an accountancy charge of 1.5% of the shoot total subject to a minimum charge of £250 and a maximum of £2000. 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 its request, the Client shall be liable to pay such extra expenses or fees, at the Pho- tographer’s normal rate, in addition to the original estimate agreed.
10. Rejection
If the Client is not present during the shoot then the Photographer’s interpretation of the brief is deemed acceptable to the Client. There is no right to reject on the basis of style or composition. In the event of any rejection, Fees payable to Photographer should be 100% of professional fees estimated or the stated Base Use Rate per day, whichever is greater. Photographer reserves the right to charge any Expenses (as defined below) to client.
11. Cancellation & Postponement
If a confirmed shoot is cancelled or postponed for reasons (including unsuitable weather / light) outside the control of the Photographer, the Photographer reserves the right to charge a cancellation fee at the following rates together with all incurred expenses: On shoots of two days duration or less, cancellation within 2 days notice
= 100% of fees + expenses. Between 3 & 6 days notice = 75% fees + expenses. 7 days notice and over = 50% fees + expenses. On shoots in excess of 2 days dura- tion, cancellation within the number of shoot days or less =100% of fees + expenses, within twice the number of shoot days = 75% fees + expenses, in excess of twice the number of shoot days 25% fees + expenses. ‘Fee’ means Photographer’s fees as they appear on the estimate. ‘Days’ mean working days. ‘Shoot Duration’ includes all shoot, travel, recce, preparation or test days. ‘The Shoot’ is defined as the number of con- firmed days whether the job is undertaken as a whole or in separate parts. ‘Expenses’ include any and all costs incurred by the Photographer pursuant to the Client’s brief and all production costs.
12. Right To Credit
The Photographer’s name must be printed on or in reasonable proximity to all pub- lished reproductions of the Photographs. This applies to all editorial uses and in other cases if stated on the estimate.
13. The Photographer’s Agent
We are solely agents and accept no liability for the acts or omissions of the Photogra- pher commissioned.
14. Photographer’s Liability
The Photographer’s entire liability to the Client in respect of any breach of its contrac- tual 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 Photographer’s agreed fees in relation to that shoot. The Photographer 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 Photographer, the Photographer’s servants or otherwise) which arise out of or in connection with the shoot. Notwithstanding the above, nothing in these terms and conditions excludes or limits the liability of the Photographer for death or personal injury caused by the Photographer’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 Photographer to exclude or attempt to exclude his/her liability.
15. Supply To Third Parties
Bookings of third party suppliers, including models, are subject to such terms and conditions as these parties may impose and are available on request. Model fees estimated cover modelling time only and not usage unless otherwise stated on the estimate. Items created specifically for the shoot shall remain the property of the origi- nator unless agreed otherwise.
16. Electronic Storage
After first delivery of images it is the Client’s responsibility to archive these images. The Client should treat the delivered files carefully, (noting that CD and DVD are unreli- able archival media) and keep a safe copy for the duration of the license. Neither the Photographer nor the Agent will archive any shoot material unless by prior written agreement. Save for the purposes of reproduction for the licensed use(s), the Pho- tographs may not be stored in any form of electronic medium nor passed onto any third party, including for the avoidance of doubt any associated or branch office of the Client, 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.
17. Applicable Law
This agreement shall be governed by the laws of England & Wales and subject to the exclusive jurisdiction of the English Courts.
18. Variation
These Terms and Conditions shall not be varied except by agreement in writing signed by both parties.
19. Entire Agreement
This agreement constitutes the entire agreement and understanding of the parties and supersedes all prior oral or written agreements, understandings or arrangements relating to the subject matter of this agreement. Neither party shall be entitled to rely on any agreement, understanding or arrangements not expressly set forth in this agreement save for any representation made fraudulently.
PRIVACY POLICY
This privacy policy sets out how It's All Sorted Productions Ltd t/a Germaine Walker collects, uses, stores and protects any information that you give to us when you use the website at www.germaine.co.uk
This website is hosted by https://www.liquidweb.com/.
We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information from which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy policy statement and with the requirements laid down by law in the Data Protection Act (DPA) 1998, The Privacy and Electronic Communications (EC Directive) Regulations (PECR) 2003 and the new General Data Protection Regulation (GDPR) 2018. It's All Sorted Productions Ltd t/a Germaine Walker is the data controller and responsible for your personal data (“we” “us” “our” in this privacy notice]. Our contact details are set out below. We are registered as a data controller with the Information Commissioner’s Office under registration number ZA388740.
We may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
This policy is effective from 24.05.2018.
WHAT WE COLLECT
We may collect the following information:
• Your name and job title.
• Contact information including your email address, postal address and telephone number.
• Demographic information such as postcode, preferences and interests.
• Other information relevant to customer surveys and/or offers provided by us.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
We do not collect any special categories of data.
THE LEGAL BASIS FOR PROCESSING YOUR DATA
We collect this data from you on at least one of the following legal bases:
• In the case that you have provided your explicit opt-in consent for us to do so.
• In the case that we need to in order to fulfil our contractual obligations to you (which includes the provision of quotations or estimates as a result of a request from you).
• In the case of your corporate email address (where you have provided us with this), that we have a legitimate interest in doing so for our own commercial marketing activities and activities related to customer satisfaction and product development and service improvement where our use of your data is proportionate, has a minimal impact on your privacy and is promotes an activity that you might reasonably expect us to be engaged in.
HOW IS YOUR DATA COLLECTED?
We use different methods to collect data from and about you, including through:
• Direct interactions with you when you fill in a form or correspond with us by post, phone, email or otherwise;
• Third parties for example where we have purchased a mailing list;
• Automated technologies or interactions, for example as you interact with this website we may automatically collect technical data about your equipment, browsing actions and patterns or by using cookies. Please see below for more information on how this website uses cookies.
WHAT WE DO WITH THE INFORMATION WE GATHER?
We use, store and process this information to understand your needs and provide you with a better service, and in particular, for the following reasons:
• Internal record-keeping and to administer any account(s) that you might have with us.
• We may use the information for our legitimate business interests to improve our products and services to you.
• We may periodically send promotional emails about new products or services, special offers or other information which we think you may find interesting using the email address which you have provided and given us consent to use or, where you have provided us with a corporate email address, for our legitimate interests (as described above), provided you have not unsubscribed.
We may contact you by email, phone, fax or post but only in accordance with your express and explicit consent for such contact. We may also use the information for our internal business purposes and legitimate interests of improving customer satisfaction to customise our website(s) according to your interests to provide you with a better experience.
HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION FOR?
We will only retain your personal information for the minimum time that is necessary for the purpose for which it was collected. In relation to financial and transactional data this will be for a period of approximately 6 years after the date of the transaction. In the case of marketing consent, we will clearly give you possibility to unsubscribe from the service in any of our occasional marketing email and/or will delete the data as soon as you'll ask us to do so via email.
CONTROLLING YOUR PERSONAL INFORMATION - YOUR RIGHTS
You may choose at any time to restrict the collection or use of your personal information in the following ways:
• Whenever you are asked to fill in a form on our website(s), look for the box or boxes that you can choose to tick to indicate that you agree or opt-in, so that the information can be used by us for direct marketing purposes – if you don’t agree then don’t tick.
• Right to withdraw consent, data retention and the right to be forgotten - If you have previously agreed to us using your personal information or we are using your contact details for our legitimate interests for direct-marketing purposes, you may change your mind at any time by writing to or emailing us at germaine@germaine.co.uk. We will comply with your request within one week of receiving it. Please note, there may be certain circumstances such as a legal obligation we may have, that mean the right to be forgotten (your right to have your data erased) cannot be implemented but we will inform you of this should you contact us on this basis.
• Right of data portability – You have the right to request a copy of the data that you provided us with in order that you can reuse it for your own purposes across different services. This right is only applicable if you have given us explicit consent to process your data or if we have used it for the performance of any contract(s) we may have (had) with you. If you wish to do this, please write to or email us at germaine@germaine.co.uk. We will provide the information in a commonly used and machine-readable format free of charge.
• Right of access to your data - You may request details of personal information which we hold about you. If you would like a copy of the information held on you please write to or email us at germaine@germaine.co.uk. You will not need to pay a fee to access your personal data.
• Right to rectification of inaccurate data - If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us at germaine@germaine.co.uk as soon as possible. We will promptly rectify any information found to be incorrect.
• Right to object to processing of your data – You have a right to object to us using your data for marketing under the basis of ‘legitimate interests’ and if you wish to do so, please contact us at germaine@germaine.co.uk.
DISCLOSURES OF YOUR PERSONAL DATA
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting but only if you tell us that you wish this to happen.
We may need to disclose your data to third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes.
INTERNATIONAL TRANSFERS
We do not transfer or give access to your personal data outside the European Economic Area.
If we do, for example, for website support, we ensure that data is secure.
SECURITY
We are committed to ensuring that your information is secure. To prevent unauthorised access or disclosure, we have put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information we collect online. All your information is stored either electronically on our secure servers or in the case of paper documentation, in secured cabinets only accessible by us or our staff or those nominated by the Data Controller as Data Processors. We limit access to your personal data to those employees. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
In the event of any data security breach, we will comply with our legal responsibilities to notify the applicable regulator and you as outlined in the applicable legislation.
Any password(s) which you might use to access our website or other platforms that are operated by us using third-party providers are your own responsibility and you undertake not to share them with anyone else, save as to making provisions in your will. If you believe your password(s) has/have been compromised, you must inform us straightaway and change it.
COMPLAINTS
If you have reason to make a complaint, then you should contact us in writing as soon as possible at germaine@germaine.co.uk.
HOW WE USE COOKIES ON OUR WEBSITE
A cookie is a small text file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We may use traffic-log cookies to identify which pages are being used. This helps us analyse data about web-page traffic and improve our website in order to tailor it to users’ needs. We only use this information for statistical analysis purposes and the data is then removed from the system.
Overall, cookies help us provide you with a better website experience, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of our website(s).
LINKS TO OTHER WEBSITES
Our website may contain links to other websites of interest. However, once you have used these links to leave this website, you should be aware that we do not have any control over those other websites. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should look at the privacy statement applicable to the website in question.