Dobson Agency
Photographers Terms & Conditions

These terms and conditions shall be effective in relation to all dealings with Dobson Agency.

  1. Definitions For the purposes of this agreement “the Agency” means Dobson Agency and “the Advertiser” means the Client.  References to the Agency and the Advertiser shall, where the context so admits, include their respective assignees, sub-licensees and successors in title.  In cases where the Photographer’s client is a direct client (i.e. with no agency or intermediary), all references in this agreement to both “the Agency” and “the Advertiser” shall be interpreted as references to the Photographer’s client.  “Photographs” means all photographic material furnished by the Photographer, whether transparencies, negatives, images, prints or any other type of physical or electronic material.
  2. Copyright The entire copyright in all photographs commissioned by the Agency is, unless agreed otherwise in writing, retained by our Photographer/s throughout the world.
  3. Use The Licence to Use shall come into effect from the date of the payment of the relevant invoice(s).  The Licence only applies to the advertiser and product as stated on the commission form and its benefit shall not be assigned to any third party without the Photographer’s written permission. Accordingly, even where any form of ‘all media’ Licence is granted, the Photographer’s permission must be obtained before any use of the Photographs for other purposes e.g. use in relation to another product or sublicensing through a photo-library. Permission to use the Photographs for purposes outside the terms of the Licence 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 agreed in writing, all further Licences in respect of the Photographs will be subject to these terms and conditions.
  4. Commission On accepting work on behalf of the Agency, the Photographer will not then pass on that work to a third party photographer, without first obtaining the Agency’ specific written permission.
  5. Exclusivity The Agency and Advertiser will be authorised to publish the Photographs to the exclusion of all other persons including the Photographer.  However, the Photographer  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 his/her work.  After the exclusivity period indicated in the Licence to Use the Photographer shall be entitled to use the photographs for any purpose.
  6. Right to a Credit Where possible a credit will be given, although the agency will not be held responsible should a credit not be given.  All Credits will be as follows © Photographers name / Dobson Agency.  All Photographersagree to use the Agency Copyright Information within the IPTC/Xmp Information, as requested in our commission form, on all pictures and undertake not to use their own company details such as telephone, mobile, e-mail, web site details and address.
  7. Client Confidentiality The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.
  8. Indemnity All Photographers agree to indemnify the Agency and the Advertiser against all expenses, damages, claims and legal costs arising our of any failure by the Photographer to obtain any clearances which he/she was responsible in respect of third party copyright works, trade marks, designs or other intellectual property.
  9. Photographers’ liability indemnity The Photographers agree to have in place upon accepting a brief from the Agency their own policy of insurance and agree to indemnify the Agency and the Advertiser in the event of any accident or injury sustained whilst undertaking any work.
  10. Expenses The Agency are not liable for any expenses such as speeding fines, parking tickets damaged equipment, personal damage and accidents etc while carrying out work on behalf of the Agency.
  11. Cancellation & Postponement All Photographers agree that if for some reason he/she is unable to complete the work, they will immediately notify the Agency.  Save where the Photographer is able to find a direct replacement (with the Agency’s prior permission) any extra expenses incurred in finding another Photographer at short notice, or any re-shoot cost will be the responsibility of the Photographer and not the Agency.  A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion agree a fee for any cancellation or postponement with the Agency. 
  12. Pictures Uploaded All Photographers agree to ensure that only the best quality photographs (both for portfolios and clients images) are uploaded and agree not to upload any photographs which could be deemed pornographic, racist or in any way offensive.
  13. Electronic Storage  For the purposes of reproduction for the licensed use(s) the Agency has the right to store Photographer’s pictures in any form of electronic medium without the written permission of the Photographer.  Any manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer.  Photographers agree to ensure that good care is taken of the photographs and will ensure that adequate back up systems are in place.  Any loss, damage or corruption of photographs and any associated retrieval or re-shoot costs will be the responsibility of the Photographer and not the Agency.
  14. Professional Standards On accepting a brief from the Agency, the Photographers agree to act in a professional manner at all times, including but limited to maintaining good time keeping, being polite to clients at all times, suitable and appropriate dress code for the brief.
  15. Applicable Law This agreement shall be governed by the laws of England, Wales and Scotland, and Internationally.
  16. Variation These Terms and Conditions shall not be varied except by agreement with the Agency in writing.