Terms and Conditions

Definitions:

• Picture: Includes photographs, images, transparencies, negatives, digital scans, designs, artwork, paintings, montages, drawings, engravings, or any other item offered for reproduction.
• Reproduction: Any form of publication or copying of a picture, whether altered or unaltered, through printing, photography, slide projection, xerography, electronic or mechanical reproduction, or any other means.
• Photographer: Refers to Darren Palmer, the author of the photograph or the photographer.
• Client: The individual or organisation to whom the invoice is addressed, whether acting for themselves or a third party.
• Traffic Jam Studio: Administers the licensing of the photographer's works and operates under Traffic Jam Studio LTD., a registered company in England and Wales.
• Terms and Conditions: Represents the entire agreement between Traffic Jam Studio and the Client. Any variations require advance written agreement.

Copyright and Ownership:

• The Photographer, 'Traffic Jam Studio,' retains full copyright of the pictures worldwide, administered by Traffic Jam Studio.
• The title of all photographs remains the property of the Photographer.
• Images are licensed for a specified period. Upon licence expiration, the Client must return the images to the Photographer and provide written confirmation of digital file destruction within 30 days. Continued use after this period may incur additional charges.
• The Photographer supplies technical and artistic ability for photographic representation and sells reproduction rights. No property or copyright in any pictures transfers to the Client.
• Traffic Jam Studio asserts moral rights and the right to be credited as the author of the work in accordance with Copyright, Designs and Patents Act 1988.
• If the Client omits the copyright notice or credit line specified by Traffic Jam Studio, a fee increase of not less than 100% applies.

Use and Reproduction:

• The Licence to Use becomes effective upon full payment of the invoice. Images cannot be used until full payment, including any late payment charges, is received by Traffic Jam Studio.
• Written permission for image use may be granted before payment, but will be revoked if payment is not made within the specified timeframe.
• Reproduction rights are strictly limited to the specified use and period stated on the invoice. Prior agreement is necessary for different purposes or after the license has expired.
• Reproduction rights are not exclusive, unless specified on the invoice or quote.
• Reproduction rights granted are personal and cannot be assigned or transferred to third parties, except for the Client's exercise of reproduction rights.
• Reproduction rights are licensed, and no partial or other assignment of copyright is implied.
• Traffic Jam Studio reserves the right to refuse reproduction licenses to third parties upon the Client's request.
• Printed publications must provide two free copies of relevant pages containing the supplied pictures within two weeks. Other media must provide evidence of use upon request.
• Traffic Jam Studio may inspect records, accounts, and books related to picture reproduction if the Client experiences specified events.

Reproduction Rights Definitions:

The following terms describe reproduction rights granted by Traffic Jam Studio and the Photographer to the Client:

• Internal Use Only: Pictures used within the Client's company for non-commercial purposes, in-house magazines, exhibitions within the premises, or editorial use on the intranet.
• PR and Press Distribution: Pictures used as described in (a), with additional licensing for third parties to reproduce them in print or electronic media for non-guaranteed publication.
• Specified Use Only: Pictures used once for the purpose stated on the invoice.
• Editorial: One reproduction of pictures within one print edition of the specified title for editorial use only.
• eCommerce: Pictures used for eCommerce purposes, excluding paid-for advertisements, in email marketing, social media, and other direct digital channels.
• Social Media: Pictures used on specified social media platforms for the duration and territories specified on the invoice.

Prohibition on AI Manipulation of Images:

At Traffic Jam Studio, we maintain strict control over the creative integrity of the images we produce. By using our services, you agree to the following:

• No AI Manipulation: You are strictly prohibited from using any artificial intelligence (AI) technology or machine learning tools to alter, manipulate, enhance, or otherwise modify any images, photographs, or visual assets provided by Traffic Jam Studio without prior written consent from us.
• Copyright and Ownership: All images, photographs, and visual assets produced by Traffic Jam Studio are copyrighted and remain the intellectual property of Traffic Jam Studio. Unauthorised alterations, including but not limited to AI-driven modifications, may constitute a breach of our copyright and other intellectual property rights.
• Legal Consequences: Any violation of this clause will result in the immediate termination of your usage rights and may lead to legal action for infringement of intellectual property.
• Exception: If AI or other technology-based modifications are required, they must be requested in writing and approved by Traffic Jam Studio on a case-by-case basis.

Prohibition on AI Data Scraping and Usage:

• No Unauthorised Data Scraping: The content on this website, including but not limited to images, photographs, and visual assets, is protected by copyright. Unauthorised automated scraping, crawling, or use of AI or machine learning algorithms to harvest, analyse, or utilise this content is strictly prohibited.
• Restriction on AI Training: No content, including images, produced by Traffic Jam Studio may be used for the development, training, or fine-tuning of artificial intelligence models, algorithms, or machine learning systems without explicit prior written consent from Traffic Jam Studio.
• Legal Consequences: Any entity or individual found using our content for AI training or scraping in violation of this clause may be subject to legal action, including but not limited to claims for copyright infringement and breach of contract.

Booking and Cancellation:

• Electronic acceptance of a quote confirms the booking. Traffic Jam Studio will send a confirmation email upon acceptance.
• Once a booking is confirmed, Traffic Jam Studio will not accept other work for the same time and date.
• Cancellation fees apply as follows: (i) Cancellation within 10 business days incurs an administration fee of £50.00 (Excl. VAT); (ii) Cancellation within less than 10 business days incurs a fee of 20% of the booked shoot rate. Additional charges may apply for expenses incurred.

Payment Terms:

• Our payment terms are strictly payment on delivery unless agreed in advance and in writing. All discounts offered are provided on the condition that the Client pays on time. Failure to make timely payment will result in the removal of any applicable discounts, and the full undiscounted price will become due.
• If payment is not made in accordance with (a) above, Traffic Jam Studio reserves the right to rescind any Agreement and recover damages. Alternatively, Traffic Jam Studio may exercise its statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998.
• In case of non-payment by the Due Date stated on the invoice, all outstanding invoices issued to the Client become immediately due, and Traffic Jam Studio may consider them as overdue when pursuing legal action for the recovery of said debts.
• A fee of £45 (excluding VAT) will be charged for each account reminder, duplicate invoice, or any other paperwork, correspondence, or phone calls related to debt pursuit. This fee is non-refundable and compensates for the additional time spent on overdue invoices.
• If the invoice(s) is not paid on time, the licence to use the images is revoked immediately when the invoice(s) become overdue. The client is expected to immediately stop using the images. Traffic Jam Studio reserves the right to charge an unauthorised usage fee, per image, of £25 per week or thereof, ex VAT.

Note: Proof of postage of remittances for cheque payments is not considered proof of receipt. Clients are advised to send payment using a method that provides proof of delivery.

Rejection:

• Traffic Jam Studio will deliver the best selection of edited takes.
• Rejection based on style, composition, or editing is not accepted unless a prior rejection fee is agreed upon.

Liability and Indemnity:

• Traffic Jam Studio takes reasonable care but is not liable for any loss or damage resulting from picture use or reproduction.
• The Client indemnifies Traffic Jam Studio against any claims, damages, or costs arising from unauthorised picture reproduction.
• The Client must obtain necessary rights, model releases, and consents. Traffic Jam Studio provides no warranty, and the Client is responsible for obtaining such permissions. Failure to do so will indemnify Traffic Jam Studio.
• The Client indemnifies Traffic Jam Studio against any claims, damages, or losses related to lost, damaged, or stolen products or goods (excluding Traffic Jam Studio's equipment).

Applicable Law:

• This Agreement is subject to English Law, and both parties accept the exclusive jurisdiction of the Courts of England.
• No variation of these terms and conditions is effective unless agreed upon in writing by both parties.
• Email communication constitutes a legal contract unless the Client explicitly states they do not accept it and provides hard copy paperwork.

Client Confidentiality:

The Photographer and Traffic Jam Studio will keep confidential any information communicated to them for the photography commission, except as necessary to fulfill their obligations.

Payment

Our terms require payment on delivery unless agreed otherwise in advance and in writing.
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Preferred payment is by BACS, and bank details will be provided on the invoice. Cheque payments should be made payable to "Traffic Jam Studio LTD." Clients using cheques should send them using a delivery method that provides proof of receipt.