1. In this Agreement the terms (a) picture includes a photograph, digital media, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction: (b) reproduction includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means (c) the Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party).

2. (a) Intellectual Property and entire copyright in the pictures/images is retained by India Raine Photography at all times throughout the world.

(b) India Raine Photography supplies the technical and artistic ability to illustrate an idea photographically and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or on India Raine Photography grant of reproduction rights in respect thereof.

(c) India Raine Photography asserts both her moral right to be identified as the author of her work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988.

3. (a) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on India Raine Photography’s invoice. An agreement must be reached with India Raine Photography/Client prior to any image usage or job/contract start date for a different purpose or after the licence to use has expired.

(b) Reproduction rights or Copyright are not warranted, issued exclusively to the Client except by prior written agreement to any started works/ commissions when specified on the invoice.

(c) Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights

(d) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.

(e) India Raine Photography reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.

(f) An agreement must be reached with India Raine Photography prior to any image usage or job/contract start date for a different purpose or after the licence to use has expired.

(g) A right to credit, where possible, should be made to India Raine’s name and published within reasonable proximity to all published media.

4. The following terms are used when describing the reproduction rights granted
by India Raine photography to the Client:

(a) Internal Use only: The right to use the pictures only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client’s premises; editorial use in the Client’s intranet site.

(b) PR and Press distribution: The right to use the pictures as described in 4(a); plus a licence for third parties to reproduce such pictures in print or
electronic media in an editorial context where no fee has been paid to guarantee publication.

(c) Specified Use Only: The right to use the pictures once only for the purpose as described on the invoice.

(d) Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an  editorial context only.

6. (a) Once the Client has made a booking for a specific time and date, India Raine Photography will not accept any other work from other clients for those times and dates.

(b) As a result, once a booking is made, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following
schedule. When a client cancels a booking within two weeks of any confirmed date, a fee of 50% of the booked time rate will be charged. When a client cancels photography within one weeks of any confirmed date, a fee of 100% of the booked time rate will be charged. In addition to this cancellation fee, the client will be charged for any expenses already incurred by India Raine Photography.

7. (a) Until India Raine Photography has invoiced the reproduction fee neither party is committed to grant or acquire any reproduction rights in any picture. After a fee has been agreed and an invoice issued there is a firm and binding contract whereby India Raine Photography is committed to grant reproduction rights and the Client to acquire them. If after such invoicing but before payment the Client requests cancellation of the reproduction rights India Raine Photography may in his discretion cancel subject to the Client paying a cancellation fee.

(b) The Client’s right to reproduce a picture arises only when India Raine Photography invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or invoices). Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling India Raine Photography to rescind the Agreement and rendering the Client liable for the payment of damages.

India Raine Photography will always take action against any parties making unauthorised use of our images. We will expect to recover damages for non-payment of the above published fees and charges, and for damage to our business caused by any use which competes with our business, including sales by private sellers auction sites or similar, or other websites. In addition we will seek payment of any and all administrative costs, legal fees and any other expenses and costs we incur in proving unauthorised use, tracing the offender, and collecting payment. 

Ignorance of copyright law shall be no defence against any claim we may make or action we may take to enforce our rights.

For commercial clients payment should normally be made by crossed cheque made payable to “India Raine Photography”. BACS details can be supplied upon request. Proof of postage of remittances is not considered proof of receipt, and clients are advised to send payment by any method affording proof of delivery.

For individual clients cash or bank transfer is required 7 days prior to the shoot.