Terms and Conditions
1. Definitions
“Client” means the party commissioning Dereck Johnson Design.
“Photographs” refers to all visual materials created by Dereck Johnson Design, including digital files, prints, and other visual content.
“Designs” means original graphic design work, including but not limited to logos, branding materials, digital graphics, and visual identity systems.
“Illustrations” means original artistic works created manually or digitally, including character designs, conceptual artwork, technical illustrations, and custom graphic elements.
“Fees” are the charges outlined in the project estimate.
“Expenses” are additional costs necessary to produce the project.
“Estimate” is the document detailing project fees, expenses, and usage rights.
“Usage Licence” specifies the reproduction rights granted for the Photographs, Designs, and Illustrations.
2. Copyright and Ownership
- Dereck Johnson Design retains full copyright and ownership of all created visual materials worldwide.
- Fees are based on a specific Usage Licence detailed in the Estimate.
- No usage rights are granted without a written Usage Licence.
- Any changes to the Usage Licence must be negotiated directly with Dereck Johnson Design.
- The Usage Licence is granted exclusively for the specified period, except for Dereck Johnson Design’s self-promotional purposes.
- Electronic files must be deleted at the end of the agreed usage period.
3. Usage Rights
- Usage Licence becomes effective upon full payment of the invoice.
- Usage period starts from the first use or 6 months after the shoot date, whichever is sooner.
- No Photographs may be used before full payment without express permission.
- Permission for use can be revoked if full payment is not received or if the client faces financial difficulties.
- Additional fees may be required for usage beyond the original licence.
- All usage estimates are valid for 6 months from the estimate date.
- Unauthorised use will result in additional usage fees.
- Dereck Johnson Design retains the right to use and licence the Photographs after the exclusivity period.
4. Client Responsibilities
- The Client is responsible for obtaining clearances for:
- Third-party copyright
- Trademarks
- Designs
- Other intellectual property
- The Client will indemnify Dereck Johnson Design against any expenses, damages, claims, or legal costs arising from failure to obtain necessary clearances.
5. Payment Terms
- Payment terms are 30 days from the invoice date.
- Fees for usage rights are payable regardless of whether the images are used.
6. Additional Expenses
- Extra expenses incurred due to client-requested changes or brief alterations will be billed at an additional cost.
7. Shoot Acceptance
- If the Client is not present during the photo shoot, Dereck Johnson’s interpretation of the brief is deemed acceptable.
- No right to reject based on style or composition unless agreed in writing.
8. Cancellation and Rescheduling
Cancellation fees apply as follows:
- Shoots of two days or less: 100% of fees plus expenses if cancelled with less than two days’ notice.
- Shoots over two days: 100% of fees plus expenses if cancelled with less than five working days’ notice.
9. Credit
Dereck Johnson Design must be credited on all editorial uses and as specified in the Estimate.
10. Liability Limitation
- Dereck Johnson Design’s liability is limited to agreed professional fees.
- No liability for:
- Loss of profit
- Loss of contracts
- Loss of business or revenue
- Indirect or consequential losses
11. Third-Party Suppliers
- Third-party supplier bookings are subject to their individual terms.
- Third-party licenses are subject to their individual terms.
- Model fee estimates cover specified modelling time and usage.
- The client is responsible for contacting models/agents for additional usage.
12. Confidentiality
- The client is responsible for arranging confidentiality agreements with Dereck Johnson Design and any third parties.
- Dereck Johnson Design is not liable for confidentiality breaches by third parties.
13. Governing Law
- These terms are governed by UK law.
- Exclusive jurisdiction is with UK Courts.
14. Amendments
- * These terms can only be varied by written agreement.
Last updated: March 2025
Dereck Johnson Design
Owned and operated by Dereck Johnson
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