General T&Cs for photo shoots
Thank you for your interest in using text and/or images from Nigel Hicks Photography. Below are listed the terms and conditions under which we operate, and under which all materials are supplied to clients. Requests from clients for any Nigel Hicks Photography product are deemed to mean that the client accepts these terms and conditions.
Nigel Hicks will always carry out any commissioned photography to the highest possible professional standards, following and fulfilling the clients’ needs and requirements, shot with Nigel’s unique style and drawing on his years of experience.
Client image requirements and timetable should be agreed in advance of any photography commencing and included in a contract. The timetable will be adhered to by Nigel Hicks as far as is possible, but may often be subject to weather conditions and other uncontrollable factors.
Fees are usually based on a half-day or per day rate. We do not have an hourly rate. For projects likely to extend beyond three days a package price for the entire project can be negotiated. Our fees cover the photography time, with any reasonable amount of time devoted to advance photo location assessments and post-photography image processing provided free of charge. Excessive time that needs to be devoted to either will be charged for in addition to the photography. Other charges include travel costs, hire of models and locations, plus the hire of any specialist equipment that Nigel Hicks cannot normally be expected to own.
Images are normally provided as digital files either on disc or via e-mail or ftp upload, according to the clients’ wishes. Reference prints may also be provided if requested. High quality prints are charged in addition to the photography fees.
Copyright for all photography remains with Nigel Hicks, unless agreed in writing before photography commences. Clients automatically receive a perpetual multiple-use license, that allows them to use the images for their own reference, record, promotional, and publicity purposes.
Copyright, licenses and fees
All prints, greetings cards, images and text supplied by Nigel Hicks Photography, regardless of the format in which they are provided, are copyright Nigel Hicks, unless otherwise agreed in writing before the material is supplied.
Fees for retail purchase of greetings cards and prints are fixed and not negotiable. Payment via PayPal must be made at the time of the order being placed. Cards and/or prints will be dispatched once payment has been received. In the event of the purchaser being dissatisfied with the product, a full refund will be made provided the purchased material is returned within one month of purchase. Cards and prints may not be resold by the purchaser unless bought from Nigel Hicks Photography or Aquaterra Publishing under a bulk wholesale purchase agreement.
Fees for use of text and/or images are negotiable, the fee varying with such factors as the intended type of usage, any degree of exclusivity required, period of usage and geographical area to be covered by any publication in which the material may appear. The fee usually covers a license to allow a single use of the material in either print or digital format, though fees covering two or more uses, in print and/or onlline may be negotiated, and on occasion a royalty-free license may be granted.
A standard single use license allows the client to use images and/or text only once in a specified usage (such as in a specific issue of a particular magazine or on a particular webpage). A multi-use license allows clients to use images and/or text for a pre-agreed number of times in specified publication(s) and for a particular period of time.
A royalty-free (RF) license (only granted for specific images) will allow a client to use each RF image as many times as they like and for any use on up to four computers in the same office of their company/organisation. Such images, however, may not be passed to any third party, either within the same company/organisation or in any other company/organisation or to any other individual. Furthermore, the client does not have the right to resell the image to any other party. Copyright for all royalty-free images remains with Nigel Hicks.
Acceptable use and limitations
Please note that use of any image or text, regardless of the type of license granted, is allowed only on the basis that none of Nigel Hicks’s text or images will be used in any way that is libellous, slanderous, pornographic, or in any other way illegal.
Text may be edited to fit the space available in the intended publication or to render it consistent with a publication’s style and content, but it may not be edited to falsify information or in any way significantly alter the meaning of the text as originally supplied by Nigel Hicks.
Images my be cropped to help them fit a page or to enhance impact or aesthetic attractiveness. They may also be digitally manipulated to enhance impact or aesthetic attractiveness, but they may not be altered in such a way as to falsify the true situation shown by the image(s).
Supply of text and images
Text will normally be supplied as a Microsoft Word document, either on disk or sent by e-mail, unless otherwise requested by the client.
Images will usually be supplied as high quality digital files, sent by mail, courier, e-mail or ftp upload. Clients should clarify at the time of commissioning how they would like to have images sent to them, if they have any preference. Some images can also be supplied as transparencies, if requested. Nigel Hicks Photography ensures that all images, whether digital or transparency, are in good condition, suitable for publication prior to sending out to clients.
Return of materials
The client is responsible for the safe-keeping of all text and images supplied by Nigel Hicks Photography, and of ensuring that images remain in good condition. This is especially crucial for transparencies as damage to these has a direct impact on the future business of Nigel Hicks Photography. Clients are encouraged to ensure that all staff and any third parties who may handle transparencies as part of any project understand how to handle transparencies carefully.
At the end of a project, or as soon as materials are no longer needed (whichever is the sooner), all transparencies should be returned by a safe means to Nigel Hicks Photography. Text and digital images need not be returned (unless otherwise requested by Nigel Hicks), but at the expiry of the agreed license the disks and any hard copies should be destroyed. Low resolution (up to 72 ppi) digital images may be retained for future reference.
All transparencies damaged, lost or not returned for any reason will be subject to compensation, to be paid by the client to Nigel Hicks Photography, at a rate of £750 per image (plus VAT for those clients within the UK). A damaged image is defined as one that bears marks, scratches, tears or nicks, not present when sent out by Nigel Hicks Photography, that render it difficult or impossible to use in any future projects.
Payment of fees
The timing of fee payments can be negotiated for each project between the client and Nigel Hicks Photography.
For large specially commissioned photography projects one third of the agreed fee should be paid in advance (upon conclusion of the agreement and signing of any contract), with the remainder to be paid following submission of the completed photography.
The same schedule of payments is generally expected for book commissions (for supply of text and/or images), though a third payment following publication may also be agreed. If payments for a book project are seen as an advance on future post-publication royalties (rather than simply as a fee) then royalty percentages and a sales reporting schedule also need to be agreed.
Payment for magazine or online usage, whether text, images or text/image packages, should normally be made following submission, though for some magazines and online uses it may be possible to agree a delay in payment until publication.
Payment for supply of stock images for any other project should be made as soon as the client has finalised which images (and hence how many) are going to be used, though once again it may also be possible to agree for payment to be delayed until publication.
Nigel Hicks Photography will issue invoices for all fees due (plus VAT for clients in the UK), and these should be settled within 30 days either by cheque or by direct transfer into the Nigel Hicks Photography bank account (in the UK known as BACS payment). Fees will normally be quoted in Pounds Sterling, but other currencies can be used by mutual agreement.
Following conclusion of each project we would be grateful if pdf files and any sample hard copies of published materials containing text and/or images supplied by Nigel Hicks Photography could be sent to us. This is purely for our own reference and portfolio uses.
If you do find yourself in a dispute with us about any aspect of our online service, we will always do our utmost to ensure that it’s possible to resolve that dispute together amicably and informally. However, in the unlikely event that you feel unable to get a satisfactory resolution then you can take your case to the European Union’s Online Dispute Resolution service. You can find out about this by (opens in a new tab)”>clicking here…>
Nigel Hicks Photography is based in the United Kingdom, and as such these terms and conditions are interpreted by and subject to English law.