COPYRIGHT

Tara Li-An Smith retains the entire copyright in the Photographs at all times throughout the world - By hiring Tara Li-An, you are accepting the following:

OWNERSHIP OF MATERIALS

Title to all Photographs remains the property of Tara Li-An Smith. When the license to Use the material has expired the Photographs must be returned to Tara Li-An Smith in good condition within 30 days.

USE

The licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice without Tara Li-An Smith’s express permission.  Any permission, which may be given for prior use, will automatically be revoked if full payment is not made by the due. The license only applies to the advertiser and product as stated on the front of the form and its benefit shall not be assigned to any third party without Tara Li-An Smith’s permission. Accordingly, even where any form of ‘all media’ license is granted, Tara Li-An Smith’s permission must be obtained before any use of the Photographs for other purposes e.g. use in relation to another product or sub-licensing through a photo library. Permission to use the Photographs for purposes outside the terms of the license will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use. Unless otherwise a greed in writing, all further licenses in respect of the Photographs will be subject to these terms and conditions.

EXCLUSIVITY

The Agency/Advertiser/client will be authorised to publish the Photographs to the exclusion of all other persons including the Tara Li-An Smith.

However, Tara Li-An Smith retains the right in all cases to use the photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting her work. After the exclusivity period indicated in the License to Use, Tara Li-An Smith shall be entitled to use the Photographs for any purposes.

VARIATION

These Terms and Conditions shall not be varied except by agreement in writing.

CLIENT CONFIDENTIALITY

Tara Li-An Smith will keep confidential and will not disclose to any third parties or make use of material or information communicated to her in

confidence for the purposes of the photography, save as may be reasonably necessary to enable Tara Li-An Smith to carry out her obligations in relation to the commission.

INDEMNITY

Tara Li-An Smith agrees to indemnify the Agency and the Advertiser against all expenses, damages, claims and legal costs arising out of any failure by Tara Li-An Smith to obtain any clearances for which she was responsible in respect of third party copyright works, trademarks, designs or other intellectual property. Tara Li-An Smith shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases the Agency shall be responsible for obtaining such clearances and will indemnify Tara Li-An Smith against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.

PAYMENT

Payment will be 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 Tara Li-An Smith reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.

EXPENSES

Where extra expenses or time are incurred by Tara Li-An Smith as a result of alterations to the original brief by the Agency/Advertiser/client, or otherwise at their request, the Agency shall give approval to and be liable to pay such extra expenses or fees at Tara Li-An Smith’s normal rate.

REJECTION

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

CANCELLATION & POSTPONEMENT

A booking is considered firm as from the date of confirmation and accordingly Tara Li-An Smith will, at her discretion, charge a fee for cancellation or postponement.

WHEN YOU HIRE TARA LI-AN SMITH AS A PHOTOGRAPHER, YOU ARE CONSENTING TO THE FOLLOWING TERMS & CONDITIONS. SHOULD YOU HAVE ANY ENQUIRIES PLEASE GET IN CONTACT.

Eoin Macken

George Kahn

Kenneth Cranham

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