1. DEFINITIONS

(a) For the purpose of this agreement “the Agency” and “the Client” shall where the context so admits include their respective assignees, sub-licensees, and successor in title. In cases where the Company’s Client is a direct Client (i.e., with no Agency or intermediary), all references in this agreement to both “the Agency “and “the Client” shall be interpreted as references to the Company’s Client.  The Client is the person or organization to whom the invoice is addressed (whether or not the Client is acting for a third party);

(b) For the purpose of this agreement “The Photographer(s)”, ”The Agency”, “The Company” and “The Videographer(s)” will mean the Author of the Content or Anorak Productions, and shall where the context so admits include their respective assignees, sub-licensees, and successor in title. 

(c) “Photographs”, “Graphics”, “Videos”,” Creatives” and “Works” means all photographic and Video material furnished by Anorak Productions, whether transparencies, negatives, prints, digital files or any other type of physical or electronic material in existence now or yet to be developed. 

(d) All contracts verbal or written are only accepted on the basis that the Terms and Conditions of the Company are the only ones applicable. 

(e) These terms and conditions represent the entirety of the agreement between Anorak Productions and the Client. Other Terms and Conditions proffered by the Client are specifically excluded unless agreed in writing beforehand by the Company. 

(f) Where time is of the essence the Company entirely at its own discretion may accept an instruction given orally, in this event the Company shall accept no liability for any error in executing the order. 

(g) Unless the Company is given prior written notice by the Client, the person placing or signing the order on behalf of the Client is deemed to be authorized to do so. 

(h) When a Client’s policy is not to rely on email confirmations, hardcopy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law. 

2. COPYRIGHT

(a) The Author retains the entire copyright in the Photographs and Works at all times, throughout the World and in perpetuity unless explicitly assigned in writing and signed by the Company and the Client. 

(b) To avoid confusion, where a 'Buyout' is requested, it shall be taken to mean 'exclusivity' and thus shall increase the value of the fee. A 'Buyout' will not transfer copyright to the Client, nor shall it mean in perpetuity. 

(c) Where reproduction of Works has taken place and settlement has not been made, the Author will make such charges to the publisher of those images as falls within the Copyright, Designs, and Patents Act 1988.

(d) Title to all work remains the property of the Photographer.

(e) Works will be licensed for use for a specified period. When the License to Use has expired, the images should be returned to the Company and a written undertaking given that all digital files have been destroyed. The Client is expected to comply with this requirement within 30 days of the expiration of the License to Use. Anorak Production reserves the right to make an additional charge for continued use after this period.

(f) In the case where the Client wants the Company to work on already copyrighted material, the works will be shared and licensed by both parties.

(g) These terms and conditions represent the entirety of the agreement between Anorak Productions and the Client. Any variation is only applicable when agreed in advance and in writing.  

3. USE AND REPRODUCTION

(a) The License for the client to Use is only effective once the full amount of the invoice is paid.  Images and videos will not be liable for use until there is a full and final payment, that including late payment charges.

(b)  Reproduction rights are firmly limited to the use and period of time specified on Anorak Productions’ invoice. An agreement must be reached with Anorak Productions before the pictures/videos are used for a different purpose or after the license to use has expired;

(c) Reproduction rights are not issued exclusively to the Client except when specified on the invoice.

(d) Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture/video 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.

(e)  On the Client’s death or bankruptcy or (if the Client is a Company) in the event of a Resolution, Petition, or Order for winding-up being made against it, or if a Receiver or an administrator is appointed, any license granted shall immediately cease.

4. BOOKING AND CANCELLATION

(a) The Client will be required to complete a Booking Form, on receipt of the booking form; Anorak Productions will send an email as confirmation. The booking will then be considered Confirmed.

(b) Once the Client has made a booking for a specific time and date and this date/time has been Confirmed, Anorak Productions will not accept any other work from other clients for those times and dates.

(c) As a result, once a booking is Confirmed, if it is subsequently canceled, a cancellation fee will be charged to the client according to the following schedule: (i) When a client cancels a confirmed booking within 30 business days of any confirmed date, an administration fee of $2000.00 will be charged; (ii) When a client cancels within less than 14 business days of any confirmed date, a fee of 20% of the booked time rate will be charged. (iii) In addition to this cancellation fee, the client will be charged for any expenses already incurred by Anorak Productions.

5.  PAYMENT TERMS

(a)  A 50% deposit of the full payment should be made at least 14 days before the event.

(b) If payment is not made in accordance with (a) above then Anorak Productions may rescind any Agreement and recover damages.

(c) The Client’s right to reproduce a picture/video ascends only when Anorak Productions’ 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 establishes a violation of rights and a breach of this Agreement entitles Anorak Productions to rescind the Agreement and render the Client liable for the payment of damages.

(d) Where extra expenses or times are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise. The Client shall give approval to and be liable to such extra expenses or fees, in addition to the fees and expenses shown on the Estimate as having been agreed or estimated.

6. REJECTION

(a) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.

7.  LIABILITY AND INDEMNITY

(a) While Anorak Productions takes all judicious upkeep in the enactment of this agreement generally, it shall not be liable for any loss or damage suffered by the Client or by any third party arising from the use or reproduction of any picture or its caption.

(b) The Client agrees to indemnify Anorak Productions in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by Anorak Productions.

9. APPLICABLE LAW

(a) This Agreement shall be subject to and constructed according to Jamaican Law and the parties agree to accept the exclusive direction of the Courts of Jamaica.

(b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.

(c) Email communication constitutes a contract in law unless the Client specifically states they will not accept this and instead provides hardcopy paperwork of all relevant agreements and contracts.

10. CLIENT CONFIDENTIALITY

(a) The Photographer and Anorak Productions will keep confidential and will not disclose to any third parties or make use of information communicated to them in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer or Anorak Productions to carry out their obligations in relation to the commission.