TERMS & CONDITIONS 2024.
1) Definitions
For the purposes of this agreement, “Jo Hanley” and “Jo Hanley Photography” mean Swagger Productions Limited. “Project” is the complete duration of the commission including pre, production, post, scout and travel. “Production” is the days associated with the generation of the images including pre and post. The “Client” is the party commissioning Swagger Productions Ltd operating as Jo Hanley Photography and the “Client” shall, where the context so admits, include its respective assignees, sub-licensees and successors in title. “Photographs” and “Photography” “Content” Assets” and “images” etc mean all photographic motion and still material furnished by Jo Hanley. These terms and conditions shall also apply to all projects estimated by Jo Hanley Photography.
2) Copyright and ownership of material
The entire copyright of the Photographs are retained by Jo Hanley at all times throughout the world. Where photographs are stored electronically, they must be erased at the conclusion of the agreed usage period. A high-resolution digital file, pdf format file or good quality hard copy of the Photography in the context for which it was commissioned should be supplied upon request to Jo Hanley free of charge following publication.
3) Use
The ‘Licence to Use’ start date is the date that corresponds with Jo Hanley’s final invoice – unless otherwise agreed between client and Jo Hanley. No use may be made of the Photographs before payment in full of the relevant invoices(s) without Jo Hanley’s express permission. Any permission that may be given for prior use will automatically be revoked in full payment is not made by the due date. These definitions hold true for all projects in association with Swagger Productions Ltd.
4) Re-usage
Permission to use the Photographs for purposes outside the terms of the Licence to Use will normally be granted upon payment of a further fee. Any changes / extensions to the Licence to Use must be negotiated with Jo Hanley. Any estimates of usage fees to the Client are valid for a period of three months only, from the date of the estimate.
5) Exclusivity
The Client will be authorised to publish the Photographs to the exclusion of all other persons. However, Jo Hanley retains the right in all cases to use the Photographs for the purpose of advertising or otherwise promoting their work, unless otherwise agreed. An exclusivity period of five years is granted to the client unless otherwise agreed. After the exclusivity period Jo Hanley shall be entitled to use and license others to use the Photographs for any purposes.
6) Client confidentiality
Jo Hanley 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 Photography, save as may be reasonably necessary to enable Jo Hanley to carry out her obligations in relation to the commission.
7) Indemnity
Jo Hanley shall only be responsible for obtaining any clearances in respect of talent, locations, third party copyright works, trade marks, designs or other intellectual property if this has been expressly agreed in writing before the project. In all other cases the Client shall be responsible for obtaining such clearances and will indemnify Jo Hanley against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
8) Short Notice or Rush Services
Jo Hanley reserves the right make an additional charge should the Client request a short notice or rush service. This service is subject to availability and cannot be guaranteed. Rush service is charged at edit rate + 50%
9) Rates
Day Rates
Rates vary for each project depending on responsibility and scale. A full day production is =/<10 hours including set up and pack down. Working beyond this time frame is classed as over time and is charged at 1.5 x hourly rate unless otherwise negotiated. Hourly rate is calculated at production day rate/10.
Travel
Travel/contingency/scout/preproduction days are charged at 50% day rate. Public transport, including but not limited to plane, train, ferry are charged at cost. If the travel time exceeds 4 hours there will be no production on the day of the travel except in exceptional circumstances. If the scheduled flight time exceeds 8 hours flights will be upgraded to business class or one additional production charged day will be added for acclimatisation. If the scheduled flight time exceeds 14 hours flights will be upgraded to business class or two additional production charged days will be added for acclimatisation. If the final day of production exceeds 6 hours then return travel will be booked for the following day. Mileage is charged at £1.50 per mile in company car and 60p per mile + costs, in hire car. Additional flight luggage is charged at cost with an expectation of 2-4 checked bags per flight.
Additional Rates
A per diem fee to cover minor expenses is charged at £50 per crew member per production/travel day for projects 2+ days inclusive.
10) Payment
Payment by the Client is 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 Jo Hanley reserves the right to charge a discretionary administration fee at 5% of the invoice total every 7 days, from the date payment was due until the date payment is made.
No use may be made of the images before payment is made in full, any such use is a breach of contract and copyright.
11) Expenses
All figures provided are estimates and not a quotation and the Client should therefore allow a 10% contingency budget in all cases. All estimated costs are VAT (+20%) and insurance (+10%) exclusive. A 50% production fee deposit must be paid within 5 days of confirmation or on demand as applicable to cover pre-production expenses, project bookings, kit hire, charter etc. Jo Hanley will work within any agreed cost estimate ceiling if there is one, but individual costs within the estimate may vary at their discretion to enable the most effective pursuance of the brief. Where extra expenses or time are incurred by Jo Hanley as a result of alterations to the original brief by the Client, the Client shall be liable to pay such extra expenses or fees. All expenses are charged at cost.
12) Rejection
If the Client is not present during the production then Jo Hanley’s interpretation of the brief is deemed acceptable to the Client. When on set Client approval will be sort during production where possible and there is therefore no right of rejection.
13) Cancellation & Postponement
If a confirmed project is cancelled or postponed for reasons (including unsuitable weather / light) outside the control of Jo Hanley, Jo Hanley reserves the right to charge a cancellation fee at the following rates together with all incurred expenses:
On projects of two days duration or less, cancellation within 2 days notice = 100% of fees + expenses.
Between 3 & 6 days notice = 75% fees + expenses.
7 days notice and over = 50% fees + expenses.
On projects in excess of 2 days duration, cancellation within the number of production days or less =100% of fees + expenses,
within twice the number of production days = 75% fees + expenses,
in excess of twice the number of production days 25% fees + expenses.
‘Fees’ means Jo Hanley’s production fees as they appear on the estimate including pre-production days and location scout days. Expenses include any and all costs incurred by Jo Hanley including but not limited to logistics bookings, assistant hires, equipment fees, travel, transport, crew etc.
14) Right to credit
Jo Hanley’s name must be printed on or in reasonable proximity to all published reproductions of the Photographs. This applies to all editorial uses and in other cases if stated on the estimate.
15) Photographer’s liability
Jo Hanley’s entire liability to the Client in respect of any breach of its contractual obligations, any breach of warranty, any representation, statement or tortious act or omission including negligence arising under or in connection with any project carried out for the Client shall be limited to Jo Hanley’s agreed fees in relation to that project. Jo Hanley shall not be liable to the Client for any loss of profit, loss of contracts, loss of business or revenues, loss of production or for any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Jo Hanley, Jo Hanley’s servants or otherwise) which arise out of or in connection with the project. Notwithstanding the above, nothing in these terms and conditions excludes or limits the liability of Jo Hanley for death or personal injury caused by Jo Hanley’s negligence or that of their employees, agents or sub-contractors, for any fraudulent statement or act or for any matter which it would be illegal for Jo Hanley to exclude or attempt to exclude in liability.
16) Third party terms
Bookings of third party suppliers, including producer, digital technician, assistants and models, are subject to such terms and conditions as these parties may impose.
17) Electronic storage
The Photographs are captured and delivered to Client in digital format and an archiving fee of 3% production will be added to the invoice for 2 years archiving of images unless otherwise agreed and longer by negotiation. If archiving is not required it is The Client’s responsibility to archive these images and neither Jo Hanley nor Swagger Productions Ltd. will archive any project material save for the purposes of reproduction for the licensed use(s). The Photographs may not be passed onto any third party, including for the avoidance of doubt any associated or branch office of the Client, without the written permission of Jo Hanley. Manipulation of the image or use of only a portion of the image may only take place with the permission of Jo Hanley. No use can be made of the images beyond the agreed use terms without a reuse fee being negotiated and paid in full. (see points 3&4 above)
18) Applicable law
This agreement shall be governed by the laws of Scotland, England & Wales and subject to the exclusive jurisdiction of the Scottish Courts.
19) Variation
These Terms and Conditions shall not be varied except by agreement in writing signed by both parties.
Any circumstances not covered in these terms can be found in the APA Union Recommended Terms For Engaging Crew On The Production Of Commercials. For the most up-to-date copy please email Studio@johanley.com for full details.
Classifications of Time/Media
Time:
Jo Hanley will always specify period of license agreed on invoice and estimate. The minimum licence period Jo Hanley sells an image for is 6 months. The standard licence periods agreed by the Jo Hanley. is for any time period between 6 months and 5 years. The maximum period is in-perpetuity.
Media: Any or all of;
Press: Consumer magazine, consumer newspaper, trade magazine, trade newspaper.
Poster/OOH (Out of home) includes: Billboards, phone booths, bus shelters, bus/taxi/trains
Digital: Online Ads - Solely on a companies public website - Company specific internal websites - Social campaigns.
Point of Sale (POS)
Trade shows Etc
Usage fees are calculated with a BUR of £1000 using the UK industry standard AOP calculator