Terms and Conditions

Terms and Conditions of commissioning and reproduction of images from Andrew Mills Photography

1) Definitions
For the purpose of this agreement "the client" means the person(s), business or other entities who contracts Andrew Mills Photography and includes their respective assignees, licensees, sub-licensees and successors.
"I", "we", "us", "myself", "AMP" refers to Andrew Mills and Andrew Mills Photography.
"Photos", "Photographs" and "Images" refers to any kind of image or artwork produced by Andrew Mills Photography, including but not limited to negatives, prints, digital images or any other kind of digital or physical material.

2) Copyrights

Web site:
All photographs on this web site are Copyright © 1992-2010 Andrew Mills and may not be reproduced in full or part without prior permission.

Commissioned:
Unless otherwise agreed to prior to work being started, all copyrights remain the property of Andrew Mills. The client agrees that Andrew Mills is the sole author of the photographs.

3) License to use
Photos are licensed depending upon their intended use. Commercial use also includes time, territory, and type of use licensing (flier/magazine/advertising/internal for example).
Licenses cannot be transferred without express written permission from Andrew Mills.
Licenses are only for use as agreed before any work commences. Any unauthorised use outside of the agreement will incur a charge for use as normal plus 50%.
Licenses are valid from the date of invoice payment. Photos may not be used prior to payment without written permission from Andrew Mills.

4) Promotion of Andrew Mills Photography
Andrew Mills Photography reserves the right to use any photos or artwork resulting from work with clients for self-promotion and advertising of Andrew Mills Photography. Photos may be used on this web site or in printed form, including fliers and magazines for example. If you do not wish your photos to be used for this purpose you must inform Andrew Mills Photography before work commences.

5) Sub contractors
In the event that Andrew Mills is unable to carry out an assignment (through ill health, injury or other reason(s)), he may hire a sub-contractor to carry out the work on his behalf.

Andrew Mills may also hire sub-contractors to aid in the fulfillment of services commissioned. This may include, but is not limited to; assistants, makeup artists, stylists and other photographers.

6) No alteration
No further alteration by the customer or other third parties allowed without permission of Andrew Mills.

7) Indemnity
Andrew Mills shall not be liable for any legal action, claim or damages resulting from or arising out of the publication of supplied photographs or other use by the client. The client shall indemnify Andrew Mills against any claims and/or damages against him as a result of the clients' use of the photographs.

8) Cancellation and postponements
Once commissioned, the client remains liable for payment of any expenses up to the point of cancellation. Andrew Mills reserves the right to charge a cancellation/postponement fee at his discretion.

9) Client approval
If the client is not present during a photography session, then the client has to accept Andrew Mills' interpretation of the assignment.Unless a rejection fee has been agreed upon beforehand, then the client has not right of rejection and must pay Andrew Mills Photography any re-shooting fees.

10) Inaccuracies
The client must accept that Andrew Mills cannot be held responsible or liable for any inaccuracies in photographs resulting from the client not presenting enough or correct information for Andrew Mills, not being present during a photography session to check for accuracy, or from their own negligence.

11) Photographer credit
Andrew Mills reserves the right to request that credit be printed in reasonable proximity to all published photographs unless agreed in writing beforehand.

12) Payment
Payment must be made within 30 days of the relevant invoice date. A late payment fee will be added to the invoice total after this 30 day limit. Photographs must not be used until payment has been made. Non payment will also delay delivery of photographs.

13) Clients' materials
The Client accepts full responsibility for any objects/materials that they supply for use in the photographs and that the objects/materials are adequately insured against loss, damage or liability.

14) Applicable law
This agreement shall be governed by the laws of England & Wales (the Copyright Designs & Patents Act 1988).

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