1. Definitions

   For the purposes of this agreement “The Contractor” is Jasmine Gregory or a subcontractor as provided from time to time and “The Client” is defined as anyone purchasing or commissioning services from the photographer/animator. ‘Agreed hourly rate’ outside of fixed fee quotes is £60 per hour.

2. Copyright and Ownership of Materials

   Any images entire copyright, title, and intellectual property rights will remain that of The Contractor at all times in all countries and regions

3. Right to Credit

   The Contractor asserts both her moral right to be identified as the author of her work and the right to credit (where possible) is asserted in accordance of with Sections 77-79 of the Copyright, Designs and Patents Act 1988 which includes an amendments or re-enactment thereof. Please credit ‘Gregory Animation and Photography’

Please note Section 84 of the Copyright, Designs and Patents Act 1988 if false attribution of work is given, is strictly prohibited and will result in legal action.

4. Use

The Contractor grants a perpetual licence for personal use of the images or animations. The Client can contact The Contractor to seek permission for professional use.

You must credit Jasmine Gregory (Gregory Animation and Photography) if used online or professionally.

AI Training, or any other malicious use of the content provided is strictly prohibited and may be faced with legal action, in the accordance with the Copyright, Design and Patents Act 1988 and the Data Protection Act 2018.

5. Exclusivity

The usage rights granted are personal to The Client and may not be assigned, nor may any image/moving image submitted to The Client be loaned or transferred to third parties (save for the purpose of the work by the client of such reproduction/usage rights/PR).

The Contractor reserves the right to refuse or grant a reproduction license to a third party when requested to do so by The Client.

The Contractor retains the right in all cases to use the images/animations covered by this agreement at any time and in any part of the world to advertise her work.

6. Client Confidentiality and Safety

The Contractor will keep confidential and will not disclose to any third parties or make use of material or information communicated to her, save as to be reasonably necessary to enable The Contractor to carry out obligations to her work.

The Contractor, if needed, can and will supply an Enhanced DBS which is kept on the Update Service via the Government Website.

7. Booking for Photography

The Client will agree on a pre-initial meeting/call. The Contractor will send an email or a written message containing a link or a phone number which will be used to contact further.

Once The Client has confirmed the day of the shoot, including specific time, date, and location, The Contractor will also confirm the date and time and will not accept any other work.

8. Animation Commission

The Client will agree on a pre-initial meeting/call. The Contractor will send an email or a written message containing a link or a phone number which will be used to contact further.

In accordance with the meeting, The Client is expected to give as much information as they physically can, this can include but is not limited to:

• Branding Sheet

• Character Sheet

• A Timeline

  The Contractor will confirm whether the project is possible and will book in a meeting in 4 weeks time to share and discuss pre-production assets and what has been collated. This will include a storyboard, rough animatic, and style frames.

  During Production, The Client will have 3 updates, one during the beginning of Production, one during the middle of Production, and one at the end of production. If The Client requires more updates, due date discretion is advised.

  During the Post-Production stage, limited animation changes can be made in accordance with the due date.

  9. Cancellation or Postponement by The Client

  When the booking/timeline is confirmed, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following outlines:

• When The Client Cancels within less then 7 business days of any confirmed start date, a fee of 20% of the booked time rate will be charged

• When the Client cancels within less than 24 hours of the confirmed start date, a fee of 50% of the book time rate will be charged.

• The Full fee will be charged when the Client cancels within less then 12 hours of the confirmed start time.

  When a start date is confirmed, if is subsequently postponed, The Contractor will, at her discretion, charge a fee for the postponement

  In addition, The Client may be liable for any expenses incurred by cancellation or postponement

  10. Cancellation by the Contractor

  The Contractor will endeavour to put The Client in touch with another Photographer/Animator if The Contractor cannot attend on the booked date due to any cause beyond their control, e.g. sudden illness, injury, victim of a crime, break down, etc. In the event of such cancellation by The Contractor, or in the very unlikely event of complete technological failure, liability shall be limited to a full refund of any fees paid to The Contractor by The Client at that time.

  11. Rejection

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

  12. Charges and Timings

  If The Contractor provides a quote to The Client, the fee will be charged at that agreed rate. The Contractor generally requests a brief at the time of booking.

  Where extra expenses or time are incurred or needed by The Contractor as a result of alterations to the original brief by The Client, The Contractor has a right to charge The Client extra expenses and fees.

  If the Client changes the length of the job, the fee will increase as per the agreed hourly rate. If The Client is delayed or running late and the job runs into extra time again, the fee will increase as per the agreed hourly rate. The Contractor will make the Client aware of timings, and should work run into extra time, he will make the client aware of this and the associated costs. There is a mutual understanding between The Client and The Contractor that punctuality is important and respected by all parties.

  If it becomes apparent that when a job starts that it is a much bigger or different job than the agreed brief, it will be clear to The Client that The Contractor’s fee may be increased. If The Contractor is unable to contact The Client/Payer of the invoice at the time, work will stop until contact has been made.

  On the occasion that the wrong information is provided by The Client or there is failure for attendance, the full fee will be charged to The Client.

  If, upon arrival, there is an issue, such as bad lighting or other restrictions, a fee may be charged to cover time.

  Quoted fees include travel up to 90 minutes/40 miles, additional mileage or time spent on travel will be 45 pence thereafter.

  Any congestion charges, such a road toll, parking costs, or refuelling will be billed to The Client as The Contractor expense and will be added to the invoice.

  13. Payment Terms and Payment

  Payment terms are upfront if not agreed otherwise; IF credit is agreed, the terms are strictly 30 days from the date of the relevant invoice (“the due date”) unless agreed otherwise in writing.

  The Contractor reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1988 from the due date until payment is made.

  If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due with immediate effect, even if its less the 28 days from the issue date, and The Contractor may consider these invoices as overdue when pursuing legal action for the recovery of said debts.

  Payment by BACS is preferred, and bank details will be provided on the invoice.

  14. Archiving of Images and Film

  The Contractor will store any content and archive all final exports for 1 year. If archived content is required after that time or additional storage time is needed, an admin fee may be charged.

  15. Applicable Law

  This agreement shall be governed by the laws of England and Wales.

  16. Variation

  No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.