Terms & Conditions

1. DEFINITIONS

For the purpose of this agreement ” TourVista” and “the client” shall where the context so admits include their respective assignees, sub-licensees and successors in title. “Photographs” means all photographic material furnished by TourVista, whether transparencies, negatives, prints or any other type of physical or electronic material.

2. COPYRIGHT

The entire copyright in the Photographs is retained by TourVista at all times throughout the world.

3. OWNERSHIP OF MATERIALS

Title to all Photographs remains the property of TourVista. If the Licence to Use the material expires the Photographs must be returned to TourVista in good condition within 30 days.

4. 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(s) without TourVista’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 date or if the client is put into receivership or liquidation. The Licence only applies to the Client and product as stated on the front of the form and its benefit shall not be assigned to any third party without TourVista’s permission. Accordingly, even where any form of ‘all media’ Licence is granted, TourVista’s permission must be obtained before any use of the Photographs for other purposes eg 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.

5. EXCLUSIVITY

The Client will be authorised to publish the Photographs to the exclusion of all other persons including TourVista. However, TourVista 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 TourVista’s work. After the exclusivity period indicated in the Licence to Use TourVista shall be entitled to use the Photographs for any purposes.

6. CLIENT CONFIDENTIALITY

TourVista 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 TourVista to carry out obligations in relation to the commission.

7. INDEMNITY

TourVista agrees to indemnify the Client against all expenses, damages, claims and legal costs arising out of any failure by TourVista to obtain any clearances for which it was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. TourVista shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases the Client shall be responsible for obtaining such clearances and will indemnify TourVista against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.

8. PAYMENT

Payment by the Client will be expected for the commissioned work within 14 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 14 days TourVista 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.

9. EXPENSES

Where extra expenses or time are incurred by TourVista as a result of alterations to the original brief by the Client shall give approval to and be liable to pay such extra expenses or fees at TourVista normal rate to TourVista in addition to the expenses shown overleaf as having been agreed or estimated.

10. REJECTION

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

11. CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly TourVista will, at its discretion, charge a fee for cancellation or postponement.

12. RIGHT TO A CREDIT

Tourvista would appreciate being credited for. If it is not stated in the initial quote, crediting is not compulsory. TourVista’s name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s).

14. APPLICABLE LAW

This agreement shall be governed by the laws of England

15. VARIATION

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