Terms of Service
TERMS & CONDITIONS
1. APPLICATION OF TERMS
1.1 These terms and conditions will apply to all Assignments undertaken by Brendan Ryan Photo and to all
“Assignment” means a commission of photographic services.
“Client” is the party commissioning the photography services and includes clients affiliates and successors in
“Estimate” means any email or other document electronic or otherwise setting out a fee and expenses for
any assignment along with information as to usage licenses.
“Fee” means photographers fee as set out in the estimate.
“Licensed Images” means the still and / or moving images selected and as specified in the estimate as to be
licensed for use in accordance with these terms.
“Usage License” means the license to use the Licensed Images as set out in the estimate and or invoice.
“Working Day” means a day that is a Saturday or Sunday or any day that is a bank holiday in Ireland.
3.1 Estimates provided are based upon the information provided by Client in advance of preparing the
3.2. Changes to the requirements for an Assignment before or during a shoot may increase the Fee and
3.3 Unless otherwise agreed in writing Client’s agreement of shoot date(s) shall be deemed to be
acceptance of the Estimate.
4. CONDUCT OF THE SHOOT
4.1 The shoot will be arranged on date(s) mutually agreed between the parties.
4.2 During the shoot Photographer will take account of Client’s reasonable instructions in respect of the
4.3 If Client is not present during the shoot then Photographer’s interpretation of the brief shall be deemed
acceptable to Client.
5. OVERTIME AND ANTISOCIAL HOURS
5.1 A normal day is up to 9 hours (including 1 hour for lunch) between 9am and 6pm on any Working Day.
5.2 Any hours worked outside a normal day (“Antisocial Hours”) will incur additional overtime fees for
Photographer, crew and facilities.
5.3 Photographer’s additional hourly overtime fees are:
5.3.1 Between 6pm and 10pm on a Working Day – One ninth of 1.5 x Photographer’s agreed daily fee
including usage; and
5.3.2 Between 10pm and 9am on any day and at any other time on a non-Working Day – One ninth of 2 x
Photographer’s agreed daily fee including usage.
6. ACCEPTANCE & DELIVERY
6.1 Following completion of the shoot Photographer will deliver the Material to Client as soon as reasonably
practicable and in the agreed format to enable Client to select the Licensed Images.
6.2 Subject to any previously agreed deadlines for post-production work Photographer will carry out any
such work required as soon as reasonably practicable but cannot guarantee urgent turnaround.
6.3 Unless expressly agreed in writing between the parties Client shall not be entitled to reject the Material
on the basis of style or composition.
7. COPYRIGHT & USAGE LICENCES
7.1 The entire copyright and all similar rights throughout the world in all the Material and ownership of all
physical materials created by or for Photographer shall vest in and be retained by Photographer at all times.
7.2 Usage of the Licensed Images is limited to use of such images as provided by Photographer and Client
shall not manipulate any Licensed Photograph or make use of only part of any individual image without the
prior written permission of Photographer.
7.3 Any licence to use the Licensed Images shall automatically be revoked if payment in full of both the Fee
and expenses for an Assignment is not received by the due date specified in the relevant invoices
11.1 All Usage Licences granted by Photographer to Client shall be exclusive licences unless otherwise
agreed in writing.
9. THIRD PARTY RIGHTS
9.1 Estimated model fees cover modelling time only and Client shall be responsible for clearing model usage
unless otherwise stated on the Estimate. 9.2 Items created specifically for the shoot shall remain the
property of their creator unless agreed otherwise.
10.1 In respect of all editorial Client shall procure that Photographer’s name is printed on or in reasonable
proximity to all published reproductions of the Licensed Images.
11. RETURN OF MATERIALS
11.1 Within 60 days of shoot goods and materials relating to the shoot must be arranged to be collected.
After this time period Photographer can not be held accountable for the goods or materials.
12.1 All expenses and production costs must be paid in advance of the shoot unless otherwise agreed in
writing and such invoices are due on presentation.
12.2 All other invoices must be paid within 30 days of the date of issue. Photographer reserves the right to
charge interest on late payments 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.
13.1 Photographer and Agent will keep confidential and will not disclose to any third parties or make use of material or information communicated to them in confidence for the purposes of the Assignment, save as may be reasonably necessary to enable Photographer and/or Agent to carry out their obligations in relation
to the Assignment.
14. FORCE MAJEURE
14.1 Neither Photographer nor Agent shall be liable for any failure or delay in the performance of any of such
party’s obligations under these Terms caused by any circumstances beyond such party’s reasonable control.