By awarding a job to us you declare that you accept and acknowledge the applicability of the general terms and conditions as well as the applicable additional conditions furthermore you declare that you have received the general terms and conditions as well as the applicable additional conditions and that you are familiar with the contents thereof. The applicability of other terms and conditions are hereby explicitly declined.
DARREN SMITH PHOTOGRAPHER GENERAL TERMS
Definitions. Darren Smith is the ‘Photographer’, a ZZPer for Darren Smith Photographer (DSP), KvK 65362756. DSP is the supplier of Darren Smith’s photographic skills and the licences that are required to reproduce his images. The ‘Client’ is the party or parties to whom invoices are addressed.
The Service. The client acknowledges that they are paying for the skills and experience of a technical artist, and for a licence to make use of the ‘fruits’ of such labour, rather than the ‘fruit’ itself.
THE LICENSE
Unless otherwise agreed upon in writing, the client will be licensed non-exclusive usage rights to use the commission photographs for the purpose of their own publicity including: portfolios, prospectuses, press releases, social media posts, newsletters, websites, intranet sites, brochures, leaflets, fliers, exhibitions, bids, site hoardings, presentations, office displays, trade fairs, catalogues, calendars, annual reports, trade awards and competition submissions. If the scope of the licence is not specified, it shall not extend beyond the right to one single use, in original form and for a purpose, circulation and method as intended by the parties at the time they enter into the agreement.
NOT ADVERTISING – rates for advertising use can be quoted for on an individual use basis.
A temporary licence is granted to the client upon delivery of the photographs. The temporary licence expires on the due date of any invoices due for the commission. A full licence is automatically granted upon timely payment.
The client assigns to the photographer unrestricted rights to branding, designs, and/or property owned or managed by the client and/or their agency, depicted in the commission photographs, for purposes limited to self promotion and the licensing of image rights to third parties.
LIMITATIONS
The non exclusive usage rights include an optional three month period of exclusivity excepting for the photographer's self promotion.
Unless otherwise agreed in writing prior to the time of assignment, the client and their agency are solely responsible for satisfying themselves that all relevant consents and releases pertaining to models, branding, designs, and/or property depicted in the commission photographs have been obtained prior to reproduction. DS and its employees offer no warrantee or undertaking that such rights have been or will be obtained.
Under certain circumstances a camera operator may be subcontracted, for example when a specialist skill such as drone photography is required. Under such conditions, DS will direct the camera operator.
THIRD PARTY USE
Images may not be supplied to, used, reproduced, or published by any third party, in any media worldwide, without the written consent of the photographer.
Third parties would typically include: clients (of the ‘client’), consultants, contractors, suppliers, magazine/ book publishers, or any other company/person or body, not named as the client or their agency, in writing, at the time of assignment or named on the licence.
Any third party wishing to use a commission photograph, in any form, must be directed back to the photographer so that licensing fees can be discussed and a usage licence arranged.
CANCELLATIONS
If a confirmed shoot is cancelled or postponed for reasons outside the control of the Photographer (including unsuitable weather / light), the Photographer reserves the right to charge a cancellation fee at the following rates together with all incurred expenses: On Shoot Duration of two days or less:
cancellation on less than 3 Working Days notice - 100% of Fee + all expenses; or
on 3 to 6 Working Days notice - 75% of Fee + all expenses; or
on more than 6 Working Days notice - 50% of Fee + all expenses.
These terms are written in The Netherlands and as such all contracts will be written, conducted and ruled under The Netherlands and EU laws.
FAQ
Co-commissions are welcomed with the additional licence being granted for a fee of a percentage of the total commission fee for a single licence.
All commission photographs will be archived securely on and off site in compliance with General Data Protection Regulations. Duplicates of the originals can be supplied to the client or their agency upon request.
The temporary and full licences will take the form of text embedded as image metadata into all photographs supplied by DS.
Image information such as the usage licence, but also capture time and location, recognisable people depicted, the contact details of the photographer, and a brief description of the image as part of the wider commission will be embedded as metadata text into each image captured and supplied, in compliance with XMP and IPTC standards. This information is often removed when derivative images are created from the originals using professional image manipulation or digital asset management software, for the purposes of efficiency when being digitally served over slower networks such as the internet. Care should be taken to ensure this metadata is preserved in the derivative images to prevent licensed images from being used illegally by third parties.
Unless otherwise requested prior to delivery, the images will be optimised for use in print therefore supplied as JPEG digital image files using the AdobeRGB colour space at the highest resolution available with compression levels set to preserve image quality.
DS will gain consent from the agency and/or client before licensing commission photographs to third parties wherever possible. DS will not at any time licence or sell commission photographs to stock agencies.