So glad Martyn was able to take pictures at our school Prom. I really appreciated it as I got some great pictures of my friends and me on a really enjoyable and fun night. Highly recommend Martyn.
Jessica L, Bedford
Unlike many professional event photographers, M4Photo are pleased to make their digital photograph files available for reproduction based on certain terms and conditions. These terms and conditions have been written to protect M4Photo's copyright and to define how the photographs can be used safely and without causing harm or embarrassment to an individual.
This agreement shall define and govern those terms and conditions and it shall be provided to clients (or otherwise referred to and bought to the client’s attention) who are purchasing digital photographs from M4Photo and use of the digital photographs for reproduction shall deem full acceptance of this agreement. This agreement therefore forms part of the contract of sale (receipt) between M4Photo and the client (recipient of the digital file and licensee). Unwillingness to accept the terms and conditions contained with the agreement will result in the permission for the images to be reproduced not passing to the client. At all times the copyright shall remain with M4Photo in perpetuity.
This license agreement covers both the reproduction of high resolution digital photograph files provided to clients in the form of a digital .jpg file and it shall also cover the reuse of lower resolution gallery photographs published to www.m4photo.co.uk where a qualifying product has been purchased and paid for by the client.
1. The Agreement
This license agreement (“agreement”) is made and entered into, effective as of the date of the receipt (or invoice) for the digital photograph file (the “Effective Date”), by and between M4Photo (the “Licensor”) and the “Licensee”.
2. Terms and Conditions
M4Photo owns all property rights and the copyright for all photographs captured by M4Photo ’s photographer, generally described and referred to as photograph, photographs or digital photograph files, all of which are displayed and viewable on www.m4photo.co.uk, or on request from M4Photo . M4Photo has and shall continue to retain the exclusive right to license clients and other third parties to produce, copy, make or sell the digital photograph files.
M4Photo owns all rights in and to the digital photograph files and retains all rights to the digital photograph files, and retains all common law copyrights and other copyrights as defined and granted, or which may be defined and granted, under UK law.
Licensee requests to obtain and M4Photo has agreed to grant, a license authorising the Licensee to reproduce the purchased digital photograph file (or files) in accordance with the terms and conditions of this Agreement.
Licensee requests to obtain and M4Photo has agreed to grant, a license authorising the licensee to copy, save, download or reproduce any low resolution photograph located in the same gallery as any purchased photograph, either purchased as a printed photograph or as a digital photograph file. Clause10 specifically applies.
THERFORE, in consideration of the premises and the mutual covenants and agreements hereinafter set forth and other good and valuable considerations, as set forth herein, M4Photo and Licensee agree as follows:
3. Grant of License
M4Photo hereby grants Licensee, in accordance with the terms and conditions contained herein and forming this Agreement, a non-exclusive and non-transferrable license to use and reproduce the digital photograph file(s) for Licensee's personal use only and that of their immediate family (spouse, partner and children only). Licensee will be required to request, and to obtain, separate written authorisation where the digital photograph file is to be used to produce photographic prints or other products depicting the photograph as a gift, or otherwise, for any third party outside of their immediate family.
Licensee may provide a copy of the digital photograph file to a third party business for the purposes of producing printed photographs and, or, products depicting the photograph, but the reproduction rights cannot be passed to that third party and the digital photograph file will need to be destroyed by the third party immediately that the print or product has been produced.
Licensee may not, under any circumstances, share, sell, donate, provide or otherwise transfer the reproduction rights to any third party, with the exception of providing the digital photograph file to a print lab or other third party for the production of a printed photograph or product depicting the photograph.
Licensee may not, under any circumstances, upload the digital photograph file to any website, social media site or other online storage solution, in whole or in part for the purposes of distributing the image for any reason, other than for sharing the image across social media sites. The only exception would be to a recognised online print lab for the sole purpose of ordering a print or other product depicting the photograph.
Licensee will request, and obtain, written authorisation from M4Photo to use the digital photograph file for any purpose, other than those purposes specifically defined within this agreement.
Licensee will not grant any sub-license to any third party without the prior written permission of M4Photo.
4. Ownership of the Digital Photograph File
Licensee understands and accepts that M4Photo is, and shall remain, the sole and exclusive owner of the digital photograph file and Licensee shall not undertake to do anything that will, or might, undermine or lead to a change in the ownership of the digital photograph file. Licensee further agrees to refrain from claiming any ownership rights (copyright or otherwise) to the digital photograph file of any kind, either in writing, verbally or through any other means. This includes the digital photograph file itself and any derivative, compilation or related product or image depicting the digital photograph file. Licensee agrees that nothing in this Agreement will give Licensee any right, title, or interest in the digital photograph file, other than the right to use the digital photograph file for reproduction as a print or product depicting the digital photograph file for the Licensee's personal use, or that of their immediate family (spouse, partner or children) and as defined within this Agreement.
5. Term and Termination
This agreement shall commence as of the Effective Date and it shall remain in force and effect for a period of one year, and it shall automatically renew for additional one year periods, without any further written, verbal or other communication between M4Photo and Licensee, unless this Agreement becomes terminated within the terms of this Agreement.
In the event that Licensee is deemed to have breached this Agreement, M4Photo shall, at its sole discretion, immediately terminate this Agreement.
Licensee can terminate and become released from this Agreement by giving M4Photo 60 days, acknowledged, notice in writing.
Upon termination of the license granted under this Agreement, through whatever means and for whatever reason, legal or otherwise, all rights, privileges and obligations afforded to Licensee arising from this agreement will cease to exist.
Upon termination of the license granted under this agreement, Licensee agrees to immediately discontinue using the digital photograph file for any, and all, reproduction purposes and to maintain personal control over the digital photograph file in perpetuity and thereby avoid the digital photograph file from being reproduced inadvertently by Licensee or any third party.
This Agreement and the License shall become null and void (terminated) in the event that M4Photo cease trading for any reason.
Any notice, demand or request that is required or permitted to be given under the provisions of this Agreement shall be in writing and delivered personally, or by registered or certified mail or by email. Where email is used, the notice will not be deemed to have been served until such time as the recipient has acknowledged the email in writing by return of email. Any such notice shall become effective upon receipt.
All disputes arising from the terms of this agreement may be subject to binding arbitration upon the consent of both M4Photo and the Licensee. One arbitrator will be selected by each party and a third arbitrator selected by the two chosen arbitrators. This Agreement shall be governed and construed by the arbitrator in accordance with the laws of the United Kingdom.
M4Photo and Licensee are, and will remain, independent entities and they are not, and shall not be construed as joint partners, agents or otherwise related, and neither shall have the power to bind or obligate the other, except as set forth in this Agreement.
This Agreement, and the license defined herein, is personal to the Licensee and it will not be passed, assigned or otherwise transferred by Licensee to any third party, for any reason whatsoever, without written notice to M4Photo and receipt of written permission from M4Photo to pass, assign or to transfer the license and the rights contained herein, to said and defined third party. Any attempt on the part of the Licensee to pass, assign or otherwise transfer or sub-license the Licensee's rights and obligations under this Agreement, except as provided herein, shall be invalid and void. Licensor will have and shall retain the right to assign its rights and obligations under this agreement and all its right, title and interest in the digital photograph file, without consent of the Licensee.
10. Gallery Photographs
M4Photo allow clients who purchase a printed photograph or digital photograph file with the ability to use, copy, download and share any photograph that is specifically displayed in the purchased photographs gallery on www.m4photo.co.uk. Use of gallery photographs is subject to:
Only photograph files from the 'same gallery' as a purchased photograph may be used, copied, downloaded and shared. Photographs from a different gallery may not be used, copied, downloaded or shared without a printed photograph or a digital photograph file being purchased from that second gallery.
The title, deed and copyright for the photograph (and the .jpg file) remains with M4Photo .
Photographs that are shared, printed or posted online must retain the M4Photo copyright notice and this must be clearly displayed as part of the photograph at all times.
Gallery photographs cannot be modified, enhanced, changed or manipulated in any way.
Gallery photographs cannot be used in any manner that could, or would, be deemed to breach any individual's privacy or cause embarrassment or otherwise be considered harmful to any individual or group depicted in the photograph.
Where the photograph includes another person (adult or child), other than the Licensee or their immediate family member (spouse, partner or child), the Licensee must obtain permission from the person depicted in the photograph before it is posted to any online resource (Facebook, LinkedIn, Blog, personal or business website, etc.).
Without obtaining written permission from M4Photo , gallery photographs cannot be uploaded to any stock photograph website, pay to view website or any website where the Licensee can, or might, gain financially or otherwise.
Licensee agrees to indemnify, hold harmless, and defend M4Photo and its licensors, suppliers, officers, agents and affiliates (Collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to legal fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to Licensee's use of any M4Photo image. This includes, but is not limited to, any breach or violation of this Agreement by Licensee. Licensee agrees to fully cooperate at their expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defence and control of any matter for which it is indemnified hereunder. Licensee shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.
This Agreement constitutes the entire agreement and understanding of M4Photo and the Licensee with respect to the reproduction of the purchased digital photograph file without breaching said copyright. This Agreement supersedes any and all prior agreements, understandings, negotiations and discussions between M4Photo and Licensee. No amendment, alteration, modification or waiver of this Agreement will be binding unless evidenced in writing and authorised in writing by M4Photo.
If any part of this Agreement, or term, condition or provision within this Agreement, or the application of such term, condition or provision shall be held invalid under the laws of the United Kingdom, the remainder of this Agreement shall remain unaffected and in force.
Reproduction of any M4Photo digital photograph file deems the Licensee to have fully understood and to fully accept this agreement and the terms and conditions contained herein.
Acceptable reproduction includes: Printing photographs at home for Licensee's personal use or that of their immediate family as defined herein, having photographs printed at a professional photo lab for Licensee's personal use or that of their immediate family as defined herein, having products depicting the digital photograph file created by a professional photo lab or other recognised business offering professional printed products (for example, canvas prints, boxed standout prints, mugs, mouse mats, phone covers, printed clothing, etc.) for licensees personal use or that of their immediate family as defined herein.
Revision Date: 4th April 2014
This is a working document that is reviewed on a regular basis and may be updated from time to time to account for new or additional requirements from numerous sources.
Information We Collect
M4Photo typically collect only the following contact information from customers:
2.Customer's address for product delivery.
3.Customer's telephone number in case of verbal discussion.
4.Customer's email address, M4Photo's preferred method of communication.
M4Photo only collect contact information from individuals who voluntarily submit that information to M4Photo through this website, via email or in person. This includes individuals who express an interest in booking M4Photo for an event, individuals who purchase products through the website or in person and other individuals that voluntarily provide us with their contact information through other channels.
From time to time, M4Photo may compile short term use lists of organisations (clubs, schools, businesses, etc.) for the purposes of marketing M4Photo's services. These details are 100% sourced from the internet, details which are therefore already in the public domain. M4Photo do not purchase opt-in or other 'for rent mailing lists'.
Orders for photographs are processed through the M4Photo website or in person. There is no requirement to create an account to use the M4Photo website.
Digital .Jpg photograph files are usually supplied electronically through email or Dropbox (being a third party organisation). The only personal information that M4Photo require to process these orders are a name and address for the invoice (receipt) and a valid email address to send the digital photograph file to or Dropbox details to.
Product orders (photograph prints, mouse mats, etc.) are processed by M4Photo or through our preferred third party print lab. An email address, contact name and delivery address is required to process these orders and this information will be provided to the print lab to complete the order. Online payment is made through a third party service provider (PayPal) who will request payment details (card number and associated details). To maintain privacy, at no time should M4Photo request or require credit card details. Customers are responsible for reading the terms and conditions of the payment service provider at the time of making the payment. In essence, customers pay PayPal and then PayPal pay M4Photo.
Payment by cheque or cash, simply requires a name and address for the delivery of the product from ourselves or our photo lab.
Third Parties and Cookies
M4Photo will only pass on a customers' name and address to third party organisations who are fulfilling product orders (our chosen print lab) for the purpose of mailing out those products. There should be no need to share any contact details with any other third party, but where this becomes a requirement M4Photo will seek the customers permission before releasing such information. The only exception to this will be where the information is requested through a legal process or a legal body.
This website uses a tracking cookie to monitor the number of visitors to the website, where they came from and other general visitor information that is typical with website analytic information and which help us to make the website easier for clients to use and navigate. The cookie does not capture any personal information nor any sensitive information. The cookie is specifically used by the Google Analytics software and more details about Google Analytics can be found on their website.
M4Photo do not have control over any third party services (WordPress pages, Facebook pages, images being viewed outside of this website, etc.) nor any cookies that these services might use within their coding. M4Photo do not have access to those cookies nor the information contained therein.
M4Photo's Commitment to Customers
M4Photo are committed to ensuring that customer's information is maintained in a secure manner.
Other than our preferred photo lab, M4Photo will not forward or share customer's details with any other third party.
Customers have the right to request copies of any information that M4Photo maintain about them in electronic format. This will be provided free of charge upon written request and written proof of the customer's identity.
M4Photo will amend any incorrect information about any customer as quickly as possible and at M4Photo's own cost. 5.M4Photo aim to use only well established and trusted photo labs and payment processing services.
M4Photo have extensive experience with working with children and vulnerable adults. For example, our photographer is an Archery GB Level 1 coach who regularly coaches children of all ages in target archery.
We are totally committed to ensuring that children and vulnerable adults alike are not harmed, embarrassed or in any way negatively affected by our presence at any event or our online presence.
With regards to taking photographs at any event with children and vulnerable adults, we accept a moral responsibility to implement and observe procedures that ensure we provide a duty of care for children, young people and vulnerable adults whilst we are at an event and when posting photographs online.
This Child and Vulnerable Adult Protection policy sets out the principles and procedures that will be adopted and observed by M4Photo whilst at the event and posting photographs online.
This is a working document and it shall be constantly reviewed to ensure adequate protection is maintained for all children and vulnerable adults that come into contact with our photographer.
Revision Date: 4th April 2014
The following definitions are applied throughout this policy document.
Child / Children / Young Person / Young People:
Refers to all children and young people under the age of 18 years.
Refers to anyone of any age who might be elderly, physically and / or mentally disabled or have learning difficulties, or any person who is, or may be in need of community care services by reason of their disability, age or illness.
Parent / Legal Guardian:
Refers to individuals that have parental rights and responsibilities in relation to children and young people. This includes, carers, legal guardians and other people who have the primary responsibility for the care of children and young people.
For the purposes of this policy document, Vulnerable Individuals shall mean any single Child or Young person, group of Children or Young People and any Vulnerable Adult as defined above.
This M4Photo Children and Vulnerable Adults Protection Policy is based on the following fundamental principles:
Whilst dealing with Vulnerable Individuals, their welfare will always be of paramount importance and consideration of this fact will be observed throughout the event and when posting photographs online.
M4Photo recognise and observe that every individual, whatever their age, gender, ethnicity, ability or disability, language, racial origin, religious beliefs and sexual orientation, have the right to protection from abuse and neglect.
M4Photo recognise and observe that every individual's rights, dignity and worth must be respected at all times.
M4Photo recognise and observe that every individual has valid opinions and views and that these must be listened to and considered according to the individual's age, maturity and understanding.
All reports of incidents, suspicions of abuse, poor practice and allegations will be taken very seriously and responded to in a timely and appropriate manner.
M4Photo will work in partnership with the event organiser, their organisation, event participants and their legal parent or legal guardian during and after the event with any topic related to M4Photo's activities relating to the event in question.
M4Photo recognise and observe that every parent and legal guardian has a right to expect that M4Photo shall take and provide appropriate care and protection of their Vulnerable Individuals.
At no time whatsoever shall M4Photo's photographer be left alone with any vulnerable individual. 99% of our work is undertaken in the public viewing area or behind the scenes where support staff are in attendance. Where a private photograph is requested (for example in a side room), the vulnerable individual shall be accompanied by their parent or legal guardian at all times.
Behind the scenes areas, exclusively excludes changing, or other dressing rooms. At no time will our photographer or any M4Photo controlled photographic equipment be allowed into any changing room or area where individuals are changing clothes, costumes, etc.
Where posed photographs are requested, and or undertaken, M4Photo's photographer shall coordinate the pose in a flattering and professional manner using only verbal commands. At no time will any vulnerable individual be touched without the express permission of that individual's parent or legal guardian (proof of which may be required).
Distress, Embarrassment or Injury
M4Photo's remit will be to capture photographs that portray the organisation and individual/s in the best possible way. Photographs will therefore be reviewed before they are uploaded to the M4Photo website or submitted for printing. Any photograph that might obviously cause any embarrassment or distress to the individual, will be deleted from all equipment.
In addition, M4Photo will not take any photographs of any individual that is in obvious distress, embarrassment or who has suffered an injury. Any photograph that is taken as an injury occurs will be immediately deleted from the camera.
Request for Photograph Deletion - Camera & Website
Any individual, at any event, has the right to request that photographs that include that person or any of their legal dependants be removed from the camera and or the M4Photo website.
It must be recognised that many events have large numbers of people and that the M4Photo photographer cannot guarantee not to include any single individual in any single photograph. Where such an photograph makes it onto the M4Photo website, the individual has the right for the photograph to be removed as quickly as possible. However, M4Photo cannot accept any liability or claim for the publication of said photograph into the events password protected folder.
Where the individual is willing for a sample photograph to be taken for identification purposes only, this photograph will be kept to identify that individual during the photograph checking process prior to them being uploaded to the M4Photo website. All photographs with that person identified in them will be deleted from both the camera and any M4Photo computer and likewise the sample photograph.
Personal details in Photograph files
Photographs will contain an ID for ordering purposes and it will not identify the individual or individuals in the photograph in any way.
Password Protected Folders
To maximise privacy and to minimise the risk to Vulnerable Individuals, all photographs will be uploaded to the M4Photo website into a password protected folder. Passwords will only be available from the event organiser or other duly authorised individual directly associated and under the control of the organisation running the event (i.e.. Club Chairman, Club Event Organiser, nominated Club Committee Member).
For the avoidance of doubt, the Duly Authorised Individuals will be noted on the M4Photo event booking confirmation form.
Control of Passwords
Other than to the Duly Authorised Individuals, under no circumstances will passwords be provided to anyone else, by email, verbal or any other form of communication, nor through publication online.
It should be noted that M4Photo cannot be held responsible for any individual who shares the password with anyone else where the duly authorised individual provides a password to that individual. For example, where the Duly Authorised Individual gives a password to a parent in good faith and then that parent shares it with their son or daughter, who then posts it on Facebook or give it to friends at school. The event organiser must therefore ensure that all password recipients understand the importance of keeping the password secure at all times.
Advertising, Newspapers, Etc.
M4Photo's remit will be to take photographs at the said event and to make them available to the event organisation and participants. This does not extend to using any of the photographs for promotional purposes or other financial gain (e.g. sale to advertisers, newspapers, etc.)
From time to time, M4Photo (or event organisers) might wish to use photographs for promotional and newspaper use. M4Photo will seek to obtain written permission from the event organiser (and the individuals in the photograph where possible) before said photographs are released to any third party organisation or individual.
M4Photo's photographer holds two child protection related certificates at the present time:
Enhanced Disclosure CRB Check for Archery GB dated 20th October 2012.
Educare® Child Protection Awareness in Sport and Active Leisure dated 12th November 2012.
These certificates are not taken out on the road to events, but they are available for viewing at the event on request by prior arrangement.
As of October 2015, these two certificates have lapsed. Owing to clubs wishing to take our their own certification checks and the two documents noted above never having been requested, they have not been renewed. M4Photo will be happy to discuss the renewal of either certificates if required by any individual club or organisation.
To enable event participants and spectators to easily identify our photographer, a logoed shirt will be worn at all times. This will have the M4Photo logo on the back and also on the front along with the photographers first name.
Responsible Adult Behaviour
M4Photo's photographer does not smoke, nor does he drink alcohol or engage in recreational drugs. It is also M4Photo's policy to conduct ourselves in a professional and courteous manner throughout the event and we treat other people as we expect to be treated ourselves.
Abusive, violent and similar behaviour may result in our photographer removing themselves from the event (where the abuser is not removed by the event organiser or other authority) and all photographs deleted with immediate effect. In such an occasion, M4Photo will not accept any liability whatsoever for the lack of photographs covering the event.
Please contact M4Photo to discuss your requirements and to see whether we are able to support your next event.