TERMS OF BUSINESS
Updated: June 2025
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1. Terms and Definitions
1.1 Media includes a video, photograph, images, live stream, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving, animation, clip or any other item which may be offered for the purposes of reproduction.
1.2 Reproduction includes any form of publication or copying of the whole or part of any media and whether or not altered by printing, photography, re-editing using source material or content from product, 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.
1.3 The Company (otherwise known as GooseWing Media) is the author of the media. GooseWing Media is the trading name for GooseWing Media LTD (registered company: 16197102).
1.4 The Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party).
1.5 GooseWing Media administers the licensing of the works of the Company.
1.6 These terms and conditions represent the entirety of the agreement between GooseWing Media and the Client. Any variation is only applicable when agreed in advance and in writing.
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2. Copyright and Ownership of Materials
2.1 The entire copyright in the media is retained by the Company, at all times throughout the world and is administered by GooseWing Media.
2.2 Titles to all media remain the property of the Company.
2.3 Media will be licensed for use for a specified period or usage. When the licence to use has expired, the media must be returned to the Company and a written undertaking given that all digital files have been destroyed. The Client is expected to comply within 30 days of licence expiry. The Company reserves the right to make an additional charge for continued use after this period.
2.4 The Company supplies the technical and artistic ability to illustrate the given brief, and sells the right to reproduce those pictures in a given context. No property or copyright in any media shall pass to the Client whether on its submission or on GooseWing Media’s grant of reproduction rights.
2.5 GooseWing Media asserts its moral right to be identified as the author of its work and the right to a credit in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
2.6 Unless otherwise agreed in writing, if any media reproduced by the Client omits the copyright notice or credit line specified by GooseWing Media, any fee payable by the Client shall be subject to an increase specified by GooseWing Media, and in any event an increase of not less than 25 %.
3. Use and Reproduction
3.1 The licence to use only comes into effect once full payment of the invoice has been made. No use may be made of the media until full and final payment, including any late-payment charges, has been received. GooseWing Media reserves the right to charge 50 % of the original invoice (excluding expenses) when media are used before full payment.
3.2 Permission in writing may be granted for image use before payment; however, this permission will be immediately revoked if the invoice is not paid by the timescale stated.
3.3 Reproduction rights (if and when granted) are strictly limited to the use and period specified on the invoice. An agreement must be reached with GooseWing Media before the media is used for a different purpose or after the licence has expired.
3.4 Reproduction rights are not issued exclusively to the Client except when specified on the invoice.
3.5 Reproduction rights granted are assigned 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 exercising the reproduction rights granted.
3.6 Any reproduction rights granted are by way of licence and no partial or other assignment of copyright is implied.
3.7 GooseWing Media reserves the right to refuse to grant a reproduction licence to a third party when requested to do so by the Client.
3.8 In the case of printed publications, three copies of the relevant pages containing any supplied picture are to be furnished to GooseWing Media free of charge prior to distribution. In other media, evidence of use must be made available if requested.
3.9 On the Client’s death or bankruptcy—or (if the Client is a company) in the event of a winding-up order or receiver appointment—GooseWing Media may inspect any records, accounts and books relating to the reproduction of its pictures to ensure they are used only in accordance with the rights granted.
4. Definitions of Reproduction Rights
4.1 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.
4.2 PR and Press Distribution: The rights under 4.1 plus a licence for third parties to reproduce the pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication.
4.3 Specified Use Only: The right to use the media once only for the purpose described on the invoice.
4.4 Editorial: One reproduction only of pictures supplied within one edition of the specified title in an editorial context.
4.5 Rights Free: Any original media supplied can be reproduced by the Client without any prior consent.
5. Booking and Cancellation
5.1 Once an estimate is accepted, the booking is considered confirmed. GooseWing Media will issue a standard 50 % deposit request unless otherwise agreed in writing.
5.2 Once a deposit has been received for a specific date/time, GooseWing Media will not accept other work that may impact its ability to deliver the booked services.
5.3 If a confirmed booking is cancelled, a cancellation fee applies as follows:
5.3.1 Cancellation more than 15 days before the confirmed date: the 50 % deposit is forfeit.
5.3.2 Cancellation within less than 15 days of the confirmed date: the full rate of the booking is charged.
5.3.3 In addition to any cancellation fee, the Client will be charged for any expenses already incurred by GooseWing Media.
5.4 If GooseWing Media cancels a shoot due to inclement weather, lighting conditions or any other reason beyond its control, and the Client is unable or unwilling to agree a new date within one calendar month, the Client will be liable to pay 50 % of the booked time rate plus any expenses already incurred.
6. Payment Terms
6.1 Payment terms are strictly NET 30 days unless agreed in advance and in writing.
6.2 If payment is not made in accordance with 6.1, GooseWing Media may rescind the agreement and recover damages, or exercise its statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1998 at 1 % per working day.
6.3 The Client’s right to reproduce media arises only when GooseWing Media’s invoice is fully paid (including late-payment interest). Any reproduction before payment constitutes an infringement and entitles GooseWing Media to rescind the agreement and claim damages.
6.4 If any invoice is not paid by its due date, all unpaid invoices become immediately due, even if less than 30 days old, and GooseWing Media may treat them as overdue when pursuing debt recovery.
7. Rejection
7.1 GooseWing Media will edit all media and deliver what it considers the best response to the brief.
7.2 Unless a rejection fee has been agreed in advance, there is no right to reject on grounds of style, composition or editing.
7.3 If the final product is inadequate due to equipment failure, the Client is entitled to a partial refund or discount at GooseWing Media’s discretion.
8. Liability and Indemnity
8.1 While GooseWing Media takes all reasonable care, it shall not be liable for any loss or damage suffered by the Client or any third party arising from use or reproduction of any picture or its caption.
8.2 The Client agrees to indemnify GooseWing Media against any claims, damages or costs arising from reproduction without proper rights.
8.3 The Client must ensure all necessary rights, model releases or consents for reproduction are obtained; GooseWing Media gives no warranty that such rights have been secured. If reproduction occurs without these rights, the Client indemnifies GooseWing Media against any resulting loss, damage or costs.
8.4 GooseWing Media reserves the right to subcontract part or all work at any time.
9. Applicable Law
9.1 This agreement is governed by and construed in accordance with English law and the courts of England have exclusive jurisdiction.
9.2 No variation of these terms is effective unless agreed in writing by both parties.
9.3 Email communication constitutes a binding contract unless the Client expressly declines and requires hard-copy paperwork.
10. Client Confidentiality
10.1 GooseWing Media will keep confidential and will not disclose to any third parties information communicated in confidence, save as reasonably necessary to fulfil the commission.
10.2 All project data will be handled in accordance with GooseWing Media’s Digital Data and IT Policy.
The Company and GooseWing Media 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 work provided, save as may be reasonably necessary to enable the company to carry out their obligations in relation to the commission.
Our terms are strictly NET30 days unless agreed in advance and in writing.
Payment by BACS in Great British Pounds (GBP) is preferred and bank details will be provided on our invoice. Other payment methods are accepted but must be agreed in writing, the company is not subject to alternative forms of payment should it choose.