TERMS & CONDITIONS
1. AGREEMENT - This agreement between VJ Production Ltd. (herein "Creator") and the undersigned client (herein "Client") or agency representative (herein "Agency") governs the project described in the accompanying Estimate, and along with these Terms & Conditions, constitutes the entire agreement between the parties. The Fees and Expenses are based on the Job Description as presented by the Client (or Agency) and summarized above. The Client (or Agency) is responsible for the presence of an authorized representative at the shoot to approve the Creator's interpretation of the project. If a Client (or Agency) representative is not present, the Creator's interpretation shall be deemed acceptable. Any changes, whether made orally or in writing, may result in additional charges. The expenses are estimated in good faith, and a 10% variance applies to project total. Client (and/or Agency) hereby indemnifies and holds Creator harmless against any and all liabilities, claims, and expenses, including reasonable attorney's fees, arising from Client's (or Agency's) use of the Work. Estimates are valid for 15 days.
2. DEFINITIONS - Image/s, Footage, Video, or Photograph/s (herein "Work") are any copyrightable materials created as a part of the project as agreed to by Creator and Client (or Agency). "Client" is the licensee of the Work as detailed in the Job Description above. "Editorial" use is when the Client publishes the Work in their own editorial publication, for the purpose of educating and/or conveying news, information or fair comment opinion, which is available for sale to the general public and which does not seek or accept sponsorship to, or in itself, promote a specific product, person, service or company. "Publicity" use is when the Client submits the Work to an outside editorial publication (whether print or electronic) for Editorial use only, and the Client (or Agency) is not paying for that use or placement. "Advertising" use is when the Client (or Agency) is paying for the placement of the Work on or in whatever media it appears. "Collateral" use is when the Work appears in or on a platform that the Client (or Agency) wholly controls and produces, such as a company web site, annual report, brochure, or social media profile, and is intended to promote a commercial product, service, personality or brand. "Public Display" use is when the Work is shown or displayed in a Client maintained space, open to public viewing (i.e. corporate office, trade show, public event), and the Client (or Agency) is not purchasing Advertising space to allow for the placement of the Work within the media or location it appears. "Private Display" use is when the Work is shown or displayed in a non-commercial, private space, closed to public viewing, and the use of which does not promote a commercial product, service, personality or brand. "Point of Purchase" or "Point of Sale" (herein "POS") use is when the Work is included in a non-paid placement Print or Electronic indoor display for the purpose of promoting a product, service or corporation, within a third party retail space or Client location. "Packaging" use is when the Work is printed or displayed on the packaging for a commercial or retail product. "Unlimited" use includes all Editorial, Publicity, Advertising, Collateral, Public Display, and Packaging uses of the Work, defined herein. "Media" is the medium in which the Work is reproduced, inserted, displayed or placed by the Client (or Agency). "Consumer" use is when the Media in which the Work appears is directed toward and/or available to the general public. "Trade" use is when the Media in which the Work appears is directed toward specific industries, professions, or special interest groups for commercial, promotional or Advertising purposes, and is not available to the general public. "Print" is all printed mediums excluding Packaging, OOH and POS. "Web" is all mediums accessible exclusively via an internet browser or internet-based software. "Electronic" is all digital and Web mediums excluding Broadcast, TV, Packaging, OOH and POS. "Out of Home" (herein OOH) is all paid placement displays viewable to the general public from any public or private space. "Broadcast" is all network and subscription television and radio outlets.
3. PAYMENT - A 50% Advance retainer is required to initiate production. Client (or Agency, if project is commissioned and agreed to by Agency), shall make payment within 30 days of invoice. Interest shall accrue on any overdue payments at a rate of 4% above Bank of England base rate, calculated monthly on a compound basis.
4. COPYRIGHT, LICENSING - All Work created by the Creator and the associated copyright is the sole and exclusive property of the Creator. Grant of any reproduction rights to the Client is conditioned upon receipt of payment in full, from Client (or Agency). All rights not expressly granted in the Job Description above shall be reserved by the Creator. Modification of Work and/or incorporation of Work in any layout or concept shall not constitute a joint work or derivative work. If Client (or Agency) wishes to make any additional uses of the Work not covered in the initial agreement, Client shall obtain permission from the Creator and pay an additional fee to be agreed upon if necessary.
6. NO TRANSFER, SUBLICENCE OR UNAUTHORISED LICENSING - All Work created by the Creator and the associated copyright is the sole and exclusive property of the Creator. Grant of any reproduction rights to the Client is conditioned upon receipt of payment in full, from Client (or Agency). All rights not expressly granted in the Job Description above shall be reserved by the Creator. Modification of Work and/or incorporation of Work in any layout or concept shall not constitute a joint work or derivative work. If Client (or Agency) wishes to make any additional uses of the Work not covered in the initial agreement, Client shall obtain permission from the Creator and pay an additional fee to be agreed upon if necessary.
Unless a third party has been included in the commission, any third-party contractors, partners, or suppliers must arrange their own licence per image after the shoot. The licence fee per image will depend on the intended usage.
Minimum Licence Fee: £300.00 + VAT per image.
Licensing for Corporations and Product Manufacturers: Companies with broader usage requirements—such as product manufacturers or businesses operating in the corporate sector—must obtain licences based on usage, duration, and territory. For instance, if images are to be shared with distributors across multiple countries or used without credit, additional licensing fees will apply.
5. NO TRANSFER OR SUBLICENCE - The Client (or Agency) shall not sell, share, license, or transfer the Work to any third party without the Creator's prior written consent. All rights are granted solely for the use specified in the Estimate and Job Description. Any unauthorised sharing, distribution or sublicensing shall be treated as copyright infringement and a breach of this agreement.
6. CANCELLATIONS, WEATHER, POSTPONEMENTS - In the event of a cancellation or postponement of a shoot by the Client (or Agency) at any time after shoot confirmation/award, Client (or Agency) shall pay all expenses incurred by the Creator up to the time of cancellation, plus a fee equal to 50% of all Creative and Licensing fees quoted above. If a shoot is cancelled within one week of confirmed shoot day, Client or Agency shall pay up to 100% of Creative fees, Licensing fees and Expenses quoted above. If a shoot is postponed due to weather, Client will be responsible for all Expenses incurred on each Weather Day, plus a Creator fee to be agreed upon.
7. FORCE MAJEURE - Neither Creator, Client or Agency shall be liable for failure of either party's obligations caused by any circumstances beyond reasonable control, including but not limited to acts of God, epidemics, pandemics, floods, riots, fires, civil unrest, acts of war or terrorism, or failure of energy sources.
8. POST-PRODUCTION/RETOUCHING - Work will be delivered in a timely fashion, within a mutually agreed upon schedule. Any additional retouching requested by the Client (or Agency) beyond the scope of the Estimate above will be quoted on a case-by-case basis.
9. AESTHETIC DISCRETION - The Client acknowledges and accepts the Creator's photographic style and artistic approach. Dissatisfaction with creative interpretation, composition, or post-production style shall not constitute grounds for withholding payment or refusing delivery.
10. PROOFS & FINAL DELIVERY - Only final delivered Work may be used or published by the Client. Proof images, contact sheets, or previews shared for review are confidential and may not be published, reproduced, or distributed in any way without written consent from the Creator.
11. RIGHT TO CREDIT - The Creator must be credited in all Editorial uses, and in other uses where specified in the Estimate. Where the Work is published on social media, credit must be included in the caption or comments, and the Creator tagged in the image (e.g. '@vigojansons'). If the Work is used without licence, the Creator reserves the right to charge a 100% uplift for lack of credit, in addition to the applicable licence fee. This reflects a breach of the Creator's Moral Right to be identified as the author of the Work under the Copyright, Designs and Patents Act 1988.
12. AI & DATA USE - The Work may not be used in any dataset, tool, or system for machine learning, artificial intelligence (AI) training, image generation, deepfake creation, or similar technologies without the Creator's express written consent. The Creator will not sell, license, or provide the Work to any third party for such uses beyond the agreed promotional purposes.
13. HAZARDOUS CONDITIONS - The Creator reserves the right to delay, suspend, or cancel any shoot where, in the Creator's sole judgment, the location or conditions are unsafe or pose a risk to health, safety, or equipment. The Client is responsible for ensuring a safe and accessible working environment at all times and for providing any necessary personal protective equipment.
14. ACCEPTANCE OF TERMS - By commissioning the Creator, confirming a shoot, or making any payment towards the project, the Client (or Agency) agrees to be bound by these Terms & Conditions. No signature is required for these Terms to be valid and enforceable.
15. CREATOR'S RIGHT TO PUBLICITY - Unless otherwise agreed in writing, the Creator reserves the right to use the Work for self-promotional purposes, including portfolio display, website, social media, award submissions, and industry publications.
16. DISPUTE RESOLUTION - In the event of any dispute arising under or in connection with this agreement, the parties shall attempt in good faith to resolve the matter through direct negotiation. If unresolved, the parties agree to submit to mediation before initiating formal legal proceedings.
17. INDEMNITY FOR UNLAWFUL USE - The Client agrees to indemnify and hold harmless the Creator from any claims, damages, or liabilities arising from unlawful, unauthorised, or improper use of the Work by the Client (or Agency), or by any third party to whom the Client has provided access to the Work without the Creator’s written consent.
18. VARIATION BY AGREEMENT - These Terms & Conditions apply unless otherwise agreed in writing. Any modifications, amendments, or alternative terms proposed by the Client (or Agency) must be expressly agreed upon by the Creator in writing prior to the commencement of work. Verbal agreements or informal communications shall not override these Terms.
19. GOVERNING LAW & JURISDICTION - This Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties submit to the exclusive jurisdiction of the courts of England and Wales, including the Intellectual Property Enterprise Court (IPEC), where applicable.