NATIONAL UNION OF JOURNALISTS REGISTERED
With 25 years’ experience in Corporate Press and PR, and as members of the UK National Union of Journalists (NUJ), we aim to meet our clients’ specific briefs within their budget constraints, while maintaining the highest professional standards.
However, we appreciate that each client has their own specific requirements, so we prefer to quote separately for each assignment.
High quality RAW ‘Stills’ Aerial Photography (Portrait or Landscape format), is ‘Inclusive of Fee,’ and comprises a ‘pre-shoot,’ ‘on-site’ flight safety inspection, suitability assessment, planning, and all legal permissions, including Civil Aviation Authority (leading aerial photography companies charge £900 plus a day for this service alone).
NB Additional RAW 4k Video (Portrait or Landscape format) can be included with ‘Stills’ photography for up to 1 flight battery’s duration (approximately 25 minutes depending on weather conditions). Extended flights (2 batteries) are available at £100 per battery. However, our expertise is in Stills post-production only, so any Video post-production and final output is out-sourced to industry experts in this field and additional costs will, therefore, be incurred.
DISCLAIMER: Aerial safety and security is paramount to all our UK Civil Aviation Authority regulated ‘Flyer’ and ‘Operator’ Regulations, Registration and Permissions. The ‘appropriate’ weather conditions, at the arranged place and time, also are critical to our flight operation. Therefore, we reserve the right to cancel at short notice prior to the arranged flight, or during the flight should we decide that these Regulations, Registration and Permissions would be compromised in anyway.
Please request a quote on our ‘Contact Us’ page, and we’ll respond in 24 hours.
The following ’TERMS AND CONDITIONS’ constitute a legal and binding contract for all work, both photography or video carried out between John Atkins trading as ‘The Poetry of Light,’ the commissioning client, or the commissioning client’s agent, who by requesting work to be carried out by the said John Atkins trading as ‘The Poetry of Light,’ will have deemed to have read and agreed to the ‘TERMS AND CONDITIONS’ in all their entirety as set out below:
1. TERMS DEFINED
John Atkins trading as ‘The Poetry of Light,’ for the purposes of this agreement shall hereinafter be referred to as the ‘PHOTOGRAPHER.’ The commissioning client requesting work from THE PHOTOGRAPHER, will hereinafter be referred to as the ‘CLIENT.’ Where the context implies that the work to be undertaken has been commissioned by an agency on behalf of the ‘CLIENT,’ that agency shall be referred to as the ‘AGENCY,’ and include their respective assignees, sub-licensees and successors in title.
2. PHOTOGRAPHIC MATERIALS
All photographic materials supplied by ‘THE PHOTOGRAPHER’ be they photographic stills or video images recorded on film or digital equipment, and output supplied either in physical (print) or digital (transmission or storage device), shall hereinafter be referred to as ‘PHOTOGRAPHS.’
3. COPYRIGHT
All the work comprising the ‘PHOTOGRAPHS’ is retained by the ‘PHOTOGRAPHER’ at all times, worldwide in all media, known present or unknown future, and the right to assign or licence such ‘PHOTOTGRAPHS’ can only be done so IN WRITING by the ‘PHOTOGRAPHER’ and not by the ‘CLIENT.
4. USE OF PHOTOGRAPHS
Use of the PHOTOGRAPHS by the PHOTOGRAPHER shall only be done in the form of a licence, hereinafter referred to as the ‘LICENCE TO USE.’ The LICENCE TO USE shall come into effect from the date of payment of the relevant invoice(s) for a period of 12 months unless otherwise agreed. 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 or if the CLIENT is put into receivership or liquidation. The LICENCE TO USE only applies to the commissioning Client for the agreed brief and for the uses and restrictions stated on the relevant fee category and its benefit shall not be assigned to any third party without the PHOTOGRAPHER’s permission. In respect of an ‘all media’ LICENCE TO USE being granted, the PHOTOGRAPHER’s permission must be obtained IN WRITING before any use of the PHOTOGRAPHS for other purposes e.g. use in relation to another product or sublicensing through a photo library. Permission to use the PHOTOGRAPHS 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 LICENCE TO USE’s in respect of the PHOTOGRAPHS will be subject to these TERMS AND CONDITIONS.
5. COMPENSATION FOR BREACH OF LICENCE TO USE
For each and every image comprising the ‘PHOTOGRAPHS’s LICENCE TO USE a fee of £500 shall be deemed as the commercial value of each and every said image for the sake of COPYRIGHT BREACH and any subsequent legal civil litigation for the recovery of damages action undertaken, unless an agreement has been made between the PHOTOGAPHER and the CLIENT IN WRITING.
6. OWNERSHIP OF ’PHOTOGRAPHS’
Legal title to the ‘PHOTOGRAPHS’ remains the property of the ‘PHOTOGRAPHER.’ When the term for the ‘LICENCE TO USE’ the ‘PHOTOGRAPHS’ has expired, all ‘PHOTOGRAPHS’ must be returned to the ‘PHOTOGRAPHER’ in good condition within 30 days.
7. 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 in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his obligations in relation to the commission.
8. INDEMNITY
The PHOTOGRAPHER agrees to indemnify the CLIENT against all expenses, damages, claims and legal costs arising out of any failure by the PHOTOGRAPHER to obtain any clearances for which he was responsible in respect of third party copyright works, trademarks, designs or other intellectual property. The PHOTOGRAPHER shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases the CLIENT shall be responsible for obtaining such clearances and will indemnify the PHOTOGRAPHER against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
9. PAYMENT
Payment by the CLIENT will be 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 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.
10. 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 on the invoice.
11. REJECTION
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
12. DELAYS
The price of the commissioned work will be based on the time the PHOTOGRAPHER is in attendance regardless of delays caused by either the Client or any third party.
13. CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly the PHOTOGRAPHER will charge a fee for cancellation or postponement at a rate of 50% of the commission fee if more than 24 hours before the assignment and the full fee if less than 24 hours.
14. ELECTRONIC STORAGE
Save for the purposes of reproduction for the LICENCE TO USE, 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 IN WRITING.
15. APPLICABLE LAW
This Agreement shall be governed by the laws of ENGLAND.
16. VARIATION
These Terms and Conditions shall not be varied except by agreement in IN WRITING.