TERMS AND CONDITIONS OF
1. In this Agreement the terms
(a) image includes a photograph, transparency, negative, digital
scan, design, artwork, painting, montage drawing, engraving or
any other item that may be offered for the purposes of reproduction;
(b) reproduction includes any form of publication or copying
of the whole or part of any work 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); (d) the term work(s)
includes both images and words.
Version: October 2006
2. Copyright. (a) The copyright in the images and/or words is
retained by Colin Jarman at all times throughout the world and
he asserts his moral rights as author and creator.
(b) Colin Jarman supplies the knowledge and technical and artistic
ability to fulfil the commission and sells the right to reproduce
those images and/or words in a given context. No property or
copyright in any images or words shall pass to the Client whether
on their submission or on Colin Jarman's grant of reproduction
rights in respect thereof.
(c) Colin Jarman asserts both his moral right to be identified
as the author of his work and the right to a credit is asserted
in accordance with sections 77 and 78 of Copyright, Designs and
Patents Act 1988.
(d) Unless otherwise agreed in writing, if any image or words
reproduced by the Client omits the copyright notice or credit
line "© Colin Jarman", any fee payable by the
Client shall be subject to an increase of not less than 50%.
3. Use (a) Reproduction rights (if and when granted) are strictly
limited to the use and period of time specified on Colin Jarman's
invoice or estimate. An agreement must be reached with Colin
Jarman (and paid for in full) before the works are used for a
different purpose or after expiry of the licence to use.
(b) Reproduction rights are not issued exclusively to the Client
except when specified on the invoice.
(c) Reproduction rights granted are personal to the Client and
may not be assigned, nor may any work 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) Colin Jarman 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) Unless otherwise agreed in writing, all further Licences
in respect of the work will be subject to these Terms & Conditions.
(g) The Licence to Use comes into effect from the date of payment
of the relevant invoice(s). No use may be made of the work before
payment in full of the relevant invoice(s) without the express
permission of Colin Jarman. Any permission that may have been
given for prior use will automatically be revoked if full payment
is not made by the due date or if the Client is put into receivership
4. Terms. The following terms are used when describing reproduction
rights granted by Colin Jarman to the Client:
(a) Internal Use only: The right to use the work(s) 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 on the Client's website.
(b) PR and Press distribution: The right to use the work(s) as
described in 4(a); plus a licence for third parties to reproduce
such work(s) 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 work(s) once only
for the purpose as described on the invoice or estimate.
5. Cancellation and Postponement. (a) Once the Client has made
a booking for a specific time and date, Colin Jarman will not
accept any other work from other clients for those times and
(b) 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 a booking within
one week 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 Colin
6. Payment. (a) Until Colin Jarman has invoiced the reproduction
fee neither party is committed to grant or acquire any reproduction
rights in any work. After a fee has been agreed and an invoice
issued there is a firm and binding contract whereby Colin Jarman
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 Colin Jarman may in his
discretion cancel subject to the Client paying a cancellation
(b) The Client's right to reproduce a work arises only when Colin
Jarman's 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 Colin Jarman to rescind the Agreement
and rendering the Client liable for the payment of damages.
(c) Colin Jarman's invoice shall be paid within 28 days of issue.
Invoices settled within 14 days of issue may be entitled, at
Colin Jarman's sole discretion, to a discount of 5% off the gross
amount shown on the invoice.
(d) If payment is not made in accordance with (a) above then
Colin Jarman may rescind this Agreement and recover damages,
or, at his option, may exercise his statutory right to interest
under the Late Payment Of Commercial Debts (Interest) Act 1998.
(e) If any invoice issued to the Client is not paid by the Due
Date, then all unpaid invoices issued to the Client become due
with immediate effect, even if it is less than 28 days from the
issue date, and Colin Jarman may consider these invoices as overdue
when pursuing legal action for the recovery of said debts.
(f) A fee of £15.00 will be made for each account reminder,
duplicate invoice, or any other paperwork, correspondence or
phone calls involved with the pursuit of a debt. This fee is
non-refundable and represents the additional time spent pursuing
(g) Colin Jarman reserves the right to suspend ongoing services,
such as the distribution of works, once any invoice issued to
a Client becomes overdue and also reserves the right to inform
the reason of this to third parties whom this suspension of service
7. 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 is appointed,
Colin Jarman may at any time thereafter inspect any records,
accounts and books relating to the reproduction of his work to
ensure that the images are being used only in accordance with
the reproduction rights granted to the Client.
8. (a) Colin Jarman will edit all work and deliver what he considers
to be the best of every situation covered.
(b) No addition to, deletion from or alteration to or adaptation
of a work may be made without the written permission of Colin
(c) Unless a rejection fee has been agreed in advance, there
is no right to reject on the basis of style, composition or editing.
9. In the case of printed publications, two copies of the relevant
pages containing any image supplied are to be furnished to Colin
Jarman free of charge within two weeks. In other media, evidence
of use must be made available if requested.
10. Indemnity. (a) While Colin Jarman takes all reasonable care
in the performance of this agreement generally, he shall not
be liable for any loss or damage suffered by the Client or by
any third party arising from use or reproduction of any work(s)
(b) The Client agrees to indemnify Colin Jarman in respect of
any claims or damages or any costs arising in any manner from
the reproduction without proper reproduction rights of any work(s)
supplied to the Client by Colin Jarman.
(c) It is the Client who must satisfy himself that all necessary
rights, model releases or consents that may be required for reproduction
are obtained and it is acknowledged that Colin Jarman gives no
warranty or undertaking that any such rights, model releases
or consents have or will be obtained whether in relation to the
use of names, people, trade marks, registered or copyright designs
or works of art depicted in any image. The Client further agrees
to indemnify Colin Jarman against any loss or damage, proceedings
or costs where such rights, releases or consents have not been
11. (a) This Agreement shall be subject to and interpreted according
to English Law and the parties agree to accept the exclusive
direction of the Courts of England.
(b) No variation of terms and conditions set out herein shall
be effective unless agreed in writing by both parties.
(c) Once the terms of this Agreement have been accepted, they
will apply to all further usage, commissions or orders from the
Client unless agreed otherwise in writing.
(a) Payment should be made by crossed cheque payable to "Colin
Jarman" or BACS details can be supplied upon request.
(b) 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.