Terms used in the agreement:

a) Picture includes a photograph, transparency, negative, digital scan, artwork, painting, montage, thumbnail, web image or any other item that may be offered for the purposes of reproduction.

b) Reproduction includes any form of print, book, publication or copying of part or whole picture, electronically, optically or mechanically.

c) Client is the person or organisation to whom the invoice is addressed (whether or not the client is acting as a third party).

d) The photographer is Ken Champken. The photographer also trades under the names, Storybook Photography, Sofi Fashion Imaging and Kenneth J. Champken Professional Photographer.

The photographer owns worldwide copyright of all pictures. Copyright is retained under the Copyright, Designs and Patents Act 1988.

Upon payment in full of this, and any other invoice relating to any pictures supplied, the client is hereby given permission to use all photographs supplied as agreed.

Any reproduction rights are granted by way of licence and no partial or other assignment of copyright shall be implied.

No right whatsoever is granted to the client, or any other party, for any picture whole or in part, to be copied or reproduced for gain, profit or financial reward without written permission of the copyright holder.

The clients right to reproduce a picture arises only when this invoice has been paid in full. Payment is due 14 days from the date of invoice (see Payment Terms below).

Releases & Consent - Permission to Photograph Children

It is the client who must satisfy him or herself that all necessary rights, model releases, permission or consents which may be required for reproduction, are obtained and it is acknowledged that The Photographer (Ken Champken) gives no warranty or undertaking that any such rights, model releases, permission or consents have been or will be obtained, whether in relation to the use of names, people, children aged under 18 years, registered or copyright designs or works of art depicted in any picture.

In the event that a picture issued, supplied or reproduced by or with the authority of the client then the client shall indemnify the photographer (Ken Champken) against any loss or damage, proceedings or costs where such rights, permission, releases or consents have not been obtained by the client.

The photographer reserves the right to exhibit, publish, display, or promote any picture or pictures for promotional and or marketing purposes - for example on this web site.

Payment Terms (From 1st June 2009)

Work carried out under The Arts Council England, Creative Partnerships, charities and with local schools is charged at a reduced commercial rate. Payment is therefore expected promptly, and within 14 days maximum. Projects running over one calendar month will be invoiced at the end of each month - payment is due within 14 days of the invoice date. Failure to settle an invoice may delay the projects completion.

If payment is not made within 28 days of the invoice date the photographer may exercise the statuary right to interest under the Late Payment of Commercial Debts (Interest) Act 1998.

Cancellations

Once a project and dates/times has been agreed with the client, whether by email, letter or verbally, charges may apply in the case of cancellation or postponement as follows. Cancellation or postponement within 48 hours of the agreed start time - the agreed time/fee will be charged in full. Cancellation or postponement between 48 and 72 hours of the agreed start time - 50% of the agreed time/fee will be charged. Cancellation or postponement greater than 72 hours, no charges will be made.

Date of Introduction: 1st June 2009