Will Twort Photo
Standard Terms and Conditions for Service
By engaging the services of Will Twort, you acknowledge that you have read, understood, and
accepted the Standard Terms and Conditions for Service outlined below:
1. These Standard Terms and Conditions for Service are binding.
2. Acceptance of these Standard Terms and Conditions (the “Terms”) does not require a
signed agreement between You (the “Client”) and Will Twort (the “Photographer”).
Acceptance of an Invoice issued by the Photographer and/or engaging the services of
the Photographer is sufficiently indicative of acceptance.
3. Nothing contained in these Terms will constitute a partnership or contract of employment
between the Client and the Photographer.
4. The Client and Photographer may, in writing, agree to vary these Terms. No variation
or exemptions may be implied or orally construed by the Client, unless expressed in
5. The Photographer is responsible for providing Photographic Work, using his own
equipment and staffing. The Client is responsible for all other activities required to
ensure the success of the Photographer in providing the Photographic Work, including
the props, talent, venue, and so on, as may be communicated by the Photographer.
Deposits & Cancellation Policy
6. Bookings are finalised in advance. The Photographer must expend resources and, in
some cases, turn down other opportunities to maintain his schedule. Therefore, unless
otherwise agreed in writing:
a. For bookings which require two or more days’ work, a non-refundable deposit of
US$1,400.00 is required upon acceptance of the Invoice; and
b. A fee of JM$10,000.00 is required for each date change made after a booking is
Subsistence of Copyright
7. These Terms are subject to the terms and conditions of the Copyright Act Jamaica.
8. The Client has engaged the Photographer to produce Photographic Work which is
original to the Photographer and is not previously published or exploited in any part of
9. The Photographer is the sole author of the Photographic Work and the sole, absolute,
unencumbered, legal and beneficial owner of all rights of copyright and other rights in
and to the Photographic Work and the Materials subject to the Licensed Rights
granted to the Client.
10. The Client is granted the following Licensed Rights for the period for one (1) year from
the date the Photographic Works are delivered:
a. To use the Photographic Works only for the campaign/project specified in the
Invoice (the “Agreed use”). Any use, editing, manipulation or alteration of the
Photographic Work for a purpose outside of the specified campaign will
constitute a breach of the Photographer’s copyright;
b. To modify the photographic works by way of graphic design only for the
campaign/project specified in the Invoice.
11. Where the Client is an Agency acting on behalf of a third party, this Agreement will
apply to the Agency and the third party. It is the obligation of the Agency to inform the
third party of the Terms and Conditions. The Client agrees to indemnify the
Photographer for any breaches committed by a third party they are contracted to in
relation to the Photographic Work.
12. Written consent from the Photographer is required before the Client is permitted to use
the Photographic Work after the expiration of one (1) year the Client, and/or if the
Client requires additional or extended use of the Photographic Work. The
Photographer may impose additional fees or requirements at that time.
13. It will be a breach of the Photographer’s copyright to use the Photographic Works
contrary to the Agreed use and the Photographer will be entitled to use any remedy
available to him subject to the Copyright Act of Jamaica.
14. After the expiration of one (1) year from the date the Photographic Work is provided to
a. Subject to (c) below, the Photographer may make use of the Photographic
Work in any way he sees fit, including by marketing and selling same, and
deriving the full profits thereof;
b. The Photographer may license the Photographic Work to a third party under
any terms and conditions;
c. The Photographer will endeavour to respect Photographic Work that contains
the Client’s branding, brand ambassadors, or the like in the manner in which
the Photographic Work is used.
d. Notwithstanding, the Photographer may, at any time including prior to the
expiration, use the Photographic Work in his portfolio and in connection with
advertising and marketing his services.
15. The Photographer will not be liable and will be held harmless against any claims, suits or
cause of action for damages which may arise from any injury suffered by any Client, or
any of their agents, affiliates, or employees which may have been caused by the
Photographer, his assistants, employees, agents or his equipment.
16. The Photographer will not be liable and will be held harmless against any claims, suits or
cause of action for damages which may arise from the use of the Photographic Work.
17. The Client will be liable to compensate the Photographer for any damage which is
intentionally, negligently or recklessly caused to the Photographer’s equipment, while the
Photographer is under commission by the Client.