Terms and Conditions
These Terms and Conditions (“Terms”) govern all Assignments undertaken by Rob Johns – Photographer and Filmmaker (“Rob Johns” or “the Photographer”) for the Client, including all Usage Licences or additional/extended Usage Licences relating to such Assignments. In the event of any inconsistency, these Terms shall prevail over any terms contained in or referred to by the Client’s purchase order, confirmation, Estimate, or any other document.
1. Application of Terms
1.1 These Terms will:
1.1.1 Apply to all Assignments undertaken by Rob Johns for the Client and to all Usage Licences or extended/additional Usage Licences relating to such Assignments; and
1.1.2 Prevail over any inconsistent terms or conditions contained in or referred to by the Client’s documents, or those implied by law, custom, practice, or course of dealing.
2. Definitions
In these Terms, the following definitions apply:
“Rob Johns” or “the Photographer” means Rob Johns – Photographer and Filmmaker, as set out in the Estimate and invoices for an Assignment.
“Assignment” means a commission by the Client for Rob Johns’ services at a shoot (photography and/or filmmaking) to create the Material.
“Advertiser” means any client of the Client for whose benefit the Material is commissioned.
“Client” means the party commissioning Rob Johns and includes its affiliates, assignees, and successors in title.
“Client” means the party commissioning Rob Johns and includes its affiliates, assignees, and successors in title.
“Estimate” means any email or document—electronic or otherwise—created by Rob Johns that sets out the Fee, expenses, and details regarding the Usage Licence for an Assignment.
“Fee” means the fee as set out in the Estimate for Rob Johns’ services.
“Licensed Images” means the still and/or moving images selected from the Material, which are licensed for use as specified in the Estimate.
“Material” means all photographic and film material created by Rob Johns during an Assignment, including transparencies, negatives, prints, digital files, or any other physical or electronic record of images. This does not include raw digital files.
“Shoot Duration” means the number of confirmed days of a shoot (whether undertaken consecutively or separately), including all shoot, travel, recce, preparation, and test days.
“Usage Licence” means the licence to use the Licensed Images as set out in these Terms and as detailed in the Estimate.
“Working Day” means any day that is not a Saturday, Sunday, or Bank Holiday in England and Wales.
3. Estimates and Booking
3.1 Estimates are based on the information provided by the Client in advance.
3.2 Changes to the requirements for an Assignment before or during the shoot may increase the Fee and expenses.
3.3 The Estimate will specify the number and characteristics of Licensed Images, as well as the permitted media, territories, and duration of use. The Client is responsible for ensuring that the Estimate covers all requirements (including post-production, high-resolution files, appropriate usage licences, and technical specifications).
3.4 The Client’s agreement of the shoot date(s) shall be deemed acceptance of the Estimate unless otherwise agreed in writing.
3.5 A deposit of 50% of the agreed total Fee is required upon booking to secure Rob Johns’ services. This deposit is subject to the cancellation policy set out in Clause 6. The remaining balance is payable upon delivery of the finished images.
4. Conduct of the Shoot
4.1 The shoot will be arranged on mutually agreed dates between the Parties.
4.2 During the shoot, Rob Johns will take account of the Client’s reasonable instructions regarding the shoot brief.
4.3 If the Client is not present during the shoot, Rob Johns’ interpretation of the brief shall be deemed acceptable to the Client.
5. Overtime and Antisocial Hours
5.1 A normal working day is defined as up to 8 hours (including 1 hour for lunch) between 9am and 5pm on any Working Day.
5.2 Any hours worked outside a normal day (“Antisocial Hours”) will incur additional overtime fees for Rob Johns, his crew, and any necessary facilities; these fees shall be agreed between the Parties.
6. Cancellation of Shoot
6.1 If a confirmed shoot is cancelled or postponed for reasons outside the control of Rob Johns (including unsuitable weather/light), Rob Johns reserves the right to charge a cancellation fee plus all incurred expenses, as follows:
For a Shoot Duration of two days or less:
More than 20 Working Days’ notice: No fee payable.
14–20 Working Days’ notice: 50% of the Fee plus all expenses.
7–14 Working Days’ notice: 75% of the Fee plus all expenses.
Less than 7 Working Days’ notice: 100% of the Fee plus all expenses.
For a Shoot Duration in excess of two days:
More than twice the Shoot Duration’s notice: 25% of the Fee plus all expenses.
Between the Shoot Duration and twice the Shoot Duration: 75% of the Fee plus all expenses.
Equal to or less than the Shoot Duration’s notice: 100% of the Fee plus all expenses.tice equal to or less than the Shoot Duration, 100% of the Fee plus all expenses will be charged.
7. Acceptance and Delivery
7.1 Upon completion of the shoot, Rob Johns will deliver the Material to the Client as soon as reasonably practicable and in the agreed format.
7.2 Post-production will be completed as soon as reasonably practicable; urgent turnaround cannot be guaranteed.
7.3 The Client shall not reject the Material on the basis of style or composition unless expressly agreed in writing.
8. Copyright and Usage Licences
8.1 Copyright and all similar rights in the Material remain with Rob Johns at all times, throughout the world.
8.2 No use of the Licensed Images is permitted until full payment of the Fee and expenses is received.
8.3 The Client may not alter, manipulate, or create derivative works from the Licensed Images without prior written consent.
8.4 The Client may only sub-license the right to use the Licensed Images to the disclosed Advertiser, strictly under the terms of the Usage Licence.
9. Payments, Expenses, and Late Payment Fees
9.1 Website package prices include a five-year, non-exclusive licence for branding, editorial, and PR use in print and electronic media.
9.2 This licence covers use in:
Brand storytelling (website, blogs, social media, case studies).
Editorial and PR purposes (press releases, news articles, interviews).
General marketing materials (company brochures, email marketing).
Organic social media posts (non-paid promotions).
9.3 What’s NOT included in website package pricing?
Paid advertising (including boosted posts, Google Ads, billboards, TV, print ads).
Product packaging, merchandise, and resale applications.
Third-party use (partners, affiliates, agencies).
9.4 Extended Advertising Licences:
If the Client wishes to use the Licensed Images for paid advertising, large-scale print marketing, or commercial resale, an extended Usage Licence must be agreed separately.
10. Liability and Indemnity
10.1 Rob Johns shall not be liable for any indirect, special, or consequential losses (including loss of profit or business) arising from the Assignment.
10.2 Rob Johns’ total liability shall be limited to the total amount of fees paid for the Assignment.
10.3 The Client agrees to indemnify Rob Johns against any claims, damages, or expenses arising from the Client’s misuse of the Material or failure to obtain necessary third-party permissions.
11. Confidentiality
11.1 Rob Johns will keep confidential any information or Material provided by the Client for the Assignment, except as necessary to perform the services or as required by law.
11.2 The Client shall ensure that any third parties involved in the Assignment also maintain confidentiality.
12. Termination
12.1 Either party may terminate these Terms by giving written notice if the other party commits a material breach and fails to remedy it within 30 days of receiving notice.
12.2 Termination does not affect any accrued rights or liabilities.
13. Force Majeure
13.1 Neither party shall be liable for any delay or failure to perform its obligations under these Terms if such delay or failure is caused by circumstances beyond its reasonable control (e.g., natural disasters, strikes, or other unforeseen events).
14. Governing Law and Jurisdiction
14.1 These Terms are governed by the laws of England and Wales.
14.2 The Parties irrevocably submit to the non-exclusive jurisdiction of the courts of England and Wales.
15. General Provisions
15.1 Waiver: No delay or omission in exercising any right under these Terms shall operate as a waiver of that right.
15.2 Assignment: Neither party may assign or transfer its rights or obligations without the other party’s prior written consent.
15.3 Notices: Any notice under these Terms shall be deemed given if delivered personally, sent by pre-paid post (with receipt deemed 48 hours after posting), or by email (when transmitted, or when business hours resume if sent outside business hours).
15.4 Entire Agreement: These Terms, together with the Estimate, constitute the entire agreement between the Parties.
15.5 Severability: If any provision is found to be invalid or unenforceable, the remainder of the Terms shall continue in full force and effect.
16. Data Protection (GDPR)
16.1 Rob Johns will process any personal data provided by the Client in accordance with the requirements of the General Data Protection Regulation (GDPR) and the Data Protection Act 2018.
16.2 The Client consents to the processing of their personal data for the purposes of administering the Assignment and for any related business purposes.
16.3 Rob Johns will take appropriate measures to ensure that the personal data is kept secure and confidential and will not share such data with third parties except as required to perform the services or as permitted by law.
17. Releases and Third-Party Permissions
17.1 The Client is solely responsible for obtaining all necessary releases, consents, and permissions (including model releases and property permissions) required for the Assignment.
17.2 Rob Johns shall not be held liable for any claims, damages, or disputes arising from the Client’s failure to secure such releases.
18. Revisions and Changes
18.1 Rob Johns will provide one (1) round of revisions to the deliverables as part of the standard service.
18.2 Any revisions beyond the included one round will incur additional fees, which will be agreed in writing between the Parties.
18.3 Any changes to the scope of the Assignment must be agreed in writing and may result in a revision of the agreed price.
19. Dispute Resolution
19.1 In the event of any dispute arising out of or in connection with these Terms, the Parties agree first to negotiate in good faith to resolve the dispute.
19.2 If negotiation does not resolve the dispute within 30 days, the Parties agree to submit the dispute to mediation before pursuing legal action.
20. Commencement of Usage Licence
20.1 The Usage Licence for the Licensed Images and edited video footage shall not commence until full payment of the Fee and all expenses has been received by Rob Johns.
20.2 The specific terms and conditions of the Usage Licence will be detailed in the Licence of Use provided with the delivery of the images and videos.
21. Entire Agreement and Amendments
21.1 These Terms, together with the Estimate, constitute the entire agreement between the parties and supersede all prior agreements, understandings, and communications, whether written or oral, relating to the Assignment.
21.2 No amendment or modification of these Terms shall be effective unless agreed in writing and signed by both parties.
21.3 Any failure or delay by either party in enforcing any provision of these Terms shall not be deemed a waiver of that provision.
Terms and Conditions as at: February 2025
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Email: support@robjohns.info
Website: robjohns.info