TERMS AND CONDITIONS OF COMMISSIONING AND REPRODUCTION OF IMAGES AND VIDEOS FROM Dog-N-Wolf Productions
1. Terms and Definitions:
(a) picture includes a photograph, images, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction;
(b) reproduction includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means;
(c) the Photographer (otherwise known as James McCreadie) is the Authour of the photograph or the Photographer.
(d) the Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party);
(e) Dog-N-Wolf Productions administers the licensing of the works of the Photographer, James McCreadie
(f) These terms and conditions represent the entirety of the agreement between Dog-N-Wolf Productions and the Client. Any variation is only applicable when agreed in advance and in writing;
2. Copyright and Ownership of Materials:
(a) The entire copyright in the pictures is retained by the Photographer, James McCreadie at all times throughout the world and is administered by Dog-N-Wolf Productions;
(b) Title to all photographs remains the property of the Photographer;
(c) Images will be licensed for use for a specified period. When the License to Use has expired, the images should be returned to the Photographer and a written undertaking given that all digital files have been destroyed. The Client is expected to comply with this requirement within 30 days of expiration of the License to Use. The Photographer reserves the right to make an additional charge for continued use after this period;
(d) The Photographer, as administered by Dog-N-Wolf Productions, supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or on Dog-N-Wolf Productions’ grant of reproduction rights in respect thereof;
(e) James McCreadie asserts both his moral right to be identified as the author of his work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988;
(f) Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice or credit line specified by Dog-N-Wolf Productions any fee payable by the Client shall be subject to an increase specified by Dog-N-Wolf Productions, and in any event an increase of not less than 25%.
(g) Dog-N-Wolf Productions and the Photographer James McCreadie retain the right to use any and all images / videos for promotional purposes both online and in print. We will of course give prior notice before any image or video appears online and or in print.
3. Use and Reproduction:
(a) The License to Use only comes into effect once full payment of the invoice has been made. No use may be made of the images until full and final payment – including any late payment charges that may have been levied – has been received by Dog-N-Wolf Productions;
(b) Permission in writing may be granted for image use before payment, however this permission will be immediately revoked if payment of the invoice is not made by the timescale stated on the invoice;
(c) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on Dog-N-Wolf Productions’ invoice. An agreement must be reached with Dog-N-Wolf Productions before the pictures are used for a different purpose or after the licence to use has expired;
(d) Reproduction rights are not issued exclusively to the Client except when specified on the invoice;
(e) Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights;
(f) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied;
(g) Dog-N-Wolf Productions reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client;
(h) In the case of printed publications, three copies of the relevant pages containing any picture supplied are to be furnished to Dog-N-Wolf Productions free of charge within two weeks. In other media, evidence of use must be made available if requested;
(i) On the Client’s death or bankruptcy or (if the Client is a company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, Dog-N-Wolf Productions may at any time thereafter inspect any records, accounts and books relating to the reproduction of its pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.
4. Definitions of Reproduction Rights:
The following terms are used when describing the reproduction rights granted by Dog-N-Wolf Productions and the Photographer to the Client:
(a) Internal Use only: The right to use the pictures only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client’s premises; editorial use in the Client’s intranet site;
(b) PR and Press distribution: The right to use the pictures as described in 4(a); plus a licence for third parties to reproduce such pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication;
(c) Specified Use Only: The right to use the pictures once only for the purpose as described on the invoice;
(d) Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an editorial context only.
5. Booking and Cancellation:
(a) The Client will be required to complete a Booking Form, on receipt of the booking form, Dog-N-Wolf Productions will send an email as confirmation. The booking will then be considered Confirmed.
(b) Once the Client has made a booking for a specific time and date and this date/time has been Confirmed, Dog-N-Wolf Productions will not accept any other work from other clients for those times and dates;
(c) As a result, once a booking is Confirmed, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule: (i) When a client cancels a confirmed booking within 10 business days of any confirmed date, an administration fee of £20.00 will be charged; (ii) When a client cancels photography within less than 10 days business of any confirmed date, a fee of 20% of the booked time rate will be charged. (iii) In addition to this cancellation fee, the client will be charged for any expenses already incurred by Dog-N-Wolf Productions.
6. Payment Terms:
(a) Our payment terms are strictly net 10 days (2 working weeks) unless agreed in advance and in writing;
(b) If payment is not made in accordance with (a) above then Dog-N-Wolf Productions may rescind any Agreement and recover damages, or, at its option, may exercise its statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998;
(c) A fee of £20 will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuance of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices;
(d) The Client’s right to reproduce a picture arises only when Dog-N-Wolf Productions’ invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or invoices). Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling Dog-N-Wolf Productions to rescind the Agreement and rendering the Client liable for the payment of damages;
(e) If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 10 days from the issue date, and that Dog-N-Wolf Productions may consider these invoices as overdue when pursuing legal action for the recovery of said debts;
(a) Dog-N-Wolf Productions will edit every take and deliver what it considers to be the best of every situation covered;
(b) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
8. Liability and Indemnity:
(a) While Dog-N-Wolf Productions takes all reasonable care in the performance of this agreement generally, it shall not be liable for any loss or damage suffered by the Client of by any third party arising from use or reproduction of any picture or its caption;
(b) The Client agrees to indemnify Dog-N-Wolf Productions in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by Dog-N-Wolf Productions;
(c) It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Dog-N-Wolf Productions gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trade-marks, registered or copyrighted designs or works of art depicted in any picture. In the event that the picture is issued or reproduced by or with the authority of the Client then the Client shall indemnify Dog-N-Wolf Productions against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
9. Applicable Law:
(a) This Agreement shall be subject to and constructed according to Scottish Law and the parties agree to accept the exclusive direction of the Courts of Scotland;
(b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
(c) Email communication constitutes a contract in law, unless the Client specifically states they will not accept this and instead provides hard copy paperwork of all relevant agreements and contracts.
10. Client Confidentiality:
(a) The Photographer and Dog-N-Wolf Productions will keep confidential and will not disclose to any third parties or make use of information communicated to them in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer or Dog-N-Wolf Productions to carry out their obligati0ons in relation to the commission.
(b) Previews of your images / videos will be available to view with a secure online link that only you will have (please note that these will not be print quality, and will have a copyright mark). Your selection of images and videos (which will be print quality) will be supplied on a USB memory stick. This is included in the overall cost.
11. Making Payment:
(a) Our terms are strictly net 10 days (2 working weeks) unless agreed in advance and in writing.
(b) Additional prints over and above the supplied sample prints can be purchased from £5.00 to a frame size of your choice and either posted first class recorded or you can collect. If you want we can frame the prints for you, however this will incur an additional cost.
(c) Payment by PayPal is preferred and details will be provided on our invoice. You can also use BACS, again details will be provided on our invoice.
Please take a look at the Wedding Photography contract, this covers both you and Dog-N-Wolf Productions. Yes, it will sound a lot of legal stuff, but it does allow us both to know what to expect, so we can get the best day we can for you. You can download a copy from this link - dnwp_wp_contract_170810.pdf
Please take a look at the standard photoshoot contract, this covers both you and Dog-N-Wolf Productions. Yes, it will sound a lot of legal stuff, but it does allow us both to know what to expect, so we can get the best day we can for you. You can download a copy from this link - dnwp_ps_contract_170814.pdf
PRIVACY AND DATA USE FOR OUR WEB SITE VISITORS
Dog-N-Wolf Productions is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Dog-N-Wolf Productions may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
This policy last updated and is effective from July 22, 2017.
The data we collect:
We may collect the following information:
Contact information including email address
Demographic information such as post code, preferences and interests
Other information relevant to customer surveys and/or offers
What we do with the data we collect:
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
Internal record keeping:
We may use the information to improve our products and services.
We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail.
We may use the information to customise the website according to your interests.
For surveys and newsletters we will only contact people who have indicated that they are happy to receive information from us.
We are committed to ensuring that your information is secure.
In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect on-line.
Advertising content and third party cookies:
Advertising helps us defray the running costs of the Dog-N-Wolf Productions web site – the content of some adverts is dependent on where you are viewing the site from. All advertising from third parties is offered for your information, without any recommendation or endorsement from Dog-N-Wolf Productions.
You can usually alter your browser’s behaviour with regard to cookies, such as accepting cookies from sites visited, but declining 3rd party (advertiser’s) cookies.
Links to other sites:
Our web pages may contain links to enable you to visit other web sites of interest easily.
However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement.
You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information:
Only if you subscribe to the Dog-N-Wolf Productions Mailing List, or if you are a registered customer of Dog-N-Wolf Productions will we make use of any personal information you have provided us with. You can unsubscribe from our mailing lists by selecting the unsubscribe link on any Mailing List emails we send to you, or you can contact us at any time requesting to be removed from our Mailing List.
We will not sell, distribute or lease your personal information to third parties unless we are compelled to do so by law.
You may request details of personal information which we hold about you under the UK Data Protection Act 1998. A £10.00 fee will be payable.
If you would like a copy of the information held on you please email to:
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at address above.
We will promptly correct any information found to be incorrect.