In consideration of the opportunity to take part in the Project and for other good and valuable consideration, you hereby grant to us a non-exclusive licence to use the Photography for the full period of copyright in it including all periods of renewal, extension and revival of the copyright and thereafter in perpetuity and all necessary consents including under the Copyright, Designs and Patents Act 1988 as amended from time to time or any enactment that replaces it to enable us to change, publish, distribute, exhibit, edit, adapt, modify, crop, alter and otherwise use and exploit the Photography for the purposes of the Project whether alone or incorporated in or in conjunction with other works worldwide and in all media whether now known or hereafter devised including but not limited to print, in national and international press, in promotional material, a form of a presentation of the work on the internet and social media, use for academic and scholarly purposes, oral and visual presentations to the public and exhibitions (“Licensed Rights”).

2.1 Under these Terms and Conditions we give you the opportunity to take part in the Project and whilst we will make efforts to include the Photography in the Project, we cannot guarantee it.

2.2 As part of the Project, you agree to provide relevant information concerning the Photography including but not limited to the names of the subjects of the Photography and any stories behind the Photography and those featured in the Photography (“Information”).

2.3 By providing the Information, you agree for us to use, exhibit, publish, distribute, and otherwise use and exploit the Information for the purposes of the Project, whether alone or in conjunction with other works worldwide and in all media whether now known or hereafter devised.

2.4 the People’s Picture can use your name or the name of the Commissioner and make reference to the Services in the Artist’s professional portfolio including but not limited to the People’s Picture website/s and social media sites.

3.1 You hereby warrant and undertake that: 

1. you are the sole owner of the Licensed Rights and/or you have full authority to enter into this letter agreement; 

2. the Photography does not infringe the rights of any third party and the use of the Photography does not violate the rights of any third parties; 

3. the Photography does not incorporate any material that infringes the copyright or any other rights of any third party, including any right of confidentiality or privacy, nor does it contain any obscene, blasphemous or defamatory matter, and its exploitation shall not place any person in contempt of court nor in breach of any provision of any statute;

4. you shall comply with the terms and conditions of any agreements which govern the use of the Photography provided by third parties; 

5. you shall comply with all laws and regulations as they relate to these Terms and Conditions; 

6. you shall provide all documentation and releases in respect of the Photography; 

7. where the Photography  depicts persons under the age of 18 years old that you are either the child’s parent or guardian or have sought permission from the relevant parent(s) or guardian(s) to use this Photography; 

8. you are not aware, having made full and reasonable enquiry, of any claim by any third party that the Photography or any pre-existing material incorporating the Photography or included within the Photography, or the exploitation of the Photography has infringed or will infringe any rights of any third party and you agree that you shall immediately inform us if you become aware of any such claim; and 

9. you have secured all third-party permissions and releases necessary to grant the Licensed Rights to us and have made or will make in a timely manner all payments due to any such third parties necessary to enable us to exercise the rights granted to us under these Terms and Conditions. You hereby acknowledge that we shall not be liable for any such payments.

3.2 You hereby waive in favour of us and all our assignees and successors in title all moral rights in the Photograph to which you may be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world to the extent necessary for us to exploit the Licensed Rights subject to the terms of this licence.

3.3 You hereby agree to indemnify us and shall at all times keep us indemnified against all actions, proceeds, costs, claims and damages whatsoever incurred by or awarded against us and compensation agreed by us in consequence of any breach or non-performance by you of any of the warranties and undertakings in these Terms and Conditions.

4.1 Where it is possible to do so, but without any obligation, we may credit you as an author of the Photography or as a contributor to the Project.

4.2 Any failure by us to accord such credit and any failure by any third party to accord such credit shall not constitute a breach of these Terms and Conditions by us.

5. Warranties & Representations:

1. Unless otherwise agreed, you own all right, title and interest or otherwise has full right and authority to permit use of the Photography;

2. Where you collect the Photography, to the best of your knowledge, the Photography does not infringe the rights of any third party and the use of the Photography does not violate the rights of any third parties;

3. You shall comply with the terms and conditions of any licensing agreements which govern the use of Photography provided by third parties;

4. You shall comply with all laws and regulations as they relate to this Agreement

5. Unless otherwise agreed, you shall be responsible for clearing the rights (including moral rights and personality/publicity rights) of any and all third party material and/or third parties featuring in the Photography so that the People’s Picture is entitled to create the Work without further reference or payment to such third parties (Clearances).

5.2 Where applicable, you agree to provide all documentation and releases in respect of the Clearances upon request by the People’s Picture.

6.1 For the purposes of these Contributor Terms and Conditions and compliance with applicable procedures, laws and regulations, we and, where relevant, our duly authorised agents, advisers and employees will need to collect, store and otherwise process your personal data.  It is important that you read and understand our Website Terms of Use and our Privacy Policy, which sets out how we use data relating to you and it forms a part of these Terms and Conditions.  Our Privacy Policy and our Website Terms of Use can be found here: https://thepeoplespicture.com/privacy-policy/ https://www.pixcollect.com/privacy-policy/terms-conditions 

6.2 You acknowledge that we are the ‘data processor’ responsible for the processing of your personal data, photography and other content for the purposes of the Project.  We will comply with all applicable data protection laws, including the General Data Protection Regulation 2016/679 and the (UK) Data Protection Act 2018.

6.3 For the purposes of the administration and management of your engagement, the operation of our business and compliance with applicable procedures, laws and regulations, we and, where relevant, our duly authorised parties, agents, advisers, consultants, sub-contractors and employees will need to collect, store and otherwise process your personal data.  This will be both electronically and manually (including information contained in email, email attachments and other forms of electronic communication).

6.4 You shall, in relation to any personal data processed in connection with your obligations under this agreement:

6.4.1 control and process that personal data only in accordance with this agreement, unless you are required to do otherwise by law. If it is so required, you shall promptly notify us before processing the personal data unless prohibited by law;

6.4.2 ensure that you have in place protective measures, which have been reviewed and approved by us as appropriate to protect against any data loss having taken account of the:

1. nature of the data to be protected;

2. harm that might result from any data loss;

3. state of technological development; and

4. cost of implementing any measures;

6.4.3 ensure that you take all reasonable steps to ensure the reliability and integrity of any personnel engaged by you (where permitted under this agreement) who have access to the personal data and ensure that they:

1.  are aware of and comply with your duties under this clause;

2. are subject to appropriate confidentiality undertakings with you;

3. are informed of the confidential nature of the personal data and do not publish, disclose or divulge any of the personal data to any third party unless directed in writing to do so by the Company or as otherwise permitted by this agreement; and

4.  have undergone adequate training in the use, care, protection and handling of personal data 

6.4.4 not transfer personal data outside of the EU and the UK (following Brexit) unless our prior written consent has been obtained and the following conditions are fulfilled:

1. your or we have provided appropriate safeguards in relation to the transfer (whether in accordance with GDPR Article 46), as determined by us;

2.  you comply with your obligations under the Data Protection Legislation by providing an adequate level of protection to any personal data that is transferred (or, if it is not so bound, uses its best endeavours to assist the Company in meeting its obligations); and

3.  you comply with any reasonable instructions notified to you in advance by us with respect to the processing of the personal data;

6.4.5 at our written direction, delete or return personal data (and any copies of it) to us on termination of the agreement unless you are required by law to retain the personal data.

6.5 Subject to clause 5.5, you shall notify us immediately if you:

1. receive a data subject access request (or purported data subject access request);

2. receive a request to rectify, block or erase any personal data;

3. receive any other request, complaint or communication relating to either party's obligations under the Data Protection Legislation;

4. receive any communication from the Information Commissioner or any other regulatory authority in connection with personal data processed under this agreement;

5. receive a request from any third party for disclosure of personal data where compliance with such request is required or purported to be required by law; or

6. become aware of any data loss.

6.6 Your obligation to notify under clause 5.4 shall include the provision of further information to us in phases, as details become available.

6.7 Taking into account the nature of the processing, you shall provide us with full assistance in relation to either party's obligations under Data Protection Legislation and any complaint, communication or request made under clause 5.4 (and insofar as possible within the timescales reasonably required by the Company) including by promptly providing:

1. us with full details and copies of the complaint, communication or request;

2. such assistance as is reasonably requested by us to enable us to comply with a data subject access request within the relevant timescales set out in the Data Protection Legislation;

3. us, at our request, with any personal data you holds in relation to a data subject;

4. assistance as requested by us following any data loss;

5. assistance as requested by us with respect to any request from the Information Commissioner’s Office, or any consultation by us with the Information Commissioner's Office.

6.8 For the purposes of these Terms and Conditions and compliance with applicable procedures, laws and regulations, we and, where relevant, our duly authorised agents, advisers and employees will need to collect, store and otherwise process your personal data.  It is important that you read and understand our Privacy Policy, which sets out how we use data relating to you and it forms a part of these Terms and Conditions.  Our Privacy Policy can be found https://www.pixcollect.com/privacy-policy/. 

6.9 We will comply with all applicable data protection laws, including the General Data Protection Regulation 2016/679 and the (UK) Data Protection Act 2018. Where the client decides the purpose or means for the processing of the personal data that you provide when using our services, we are the “processor” responsible for your personal data. We will comply with all applicable data protection laws, including the General Data Protection Regulation 2016/679 and the (UK) Data Protection Act 2018.

6.10 If you are a client or commissioner it is your responsibility to make it clear to contributors: 

1. you are the data controller; and 

2. you are responsible for determining the specific lawful bases upon which you are relying for data collecting; equally, you would need to explain what security measures you and pixcollect.com has in place and the extent to which it may anonymise any personal data collected. 

3. your ‘Privacy Policy’ and our ‘Privacy Policy’ (thepeoplespicture.com/privacy-policy) and ‘Contributors Terms and Conditions’ (thepeoplespicture.com/contributor-terms-conditions) should be provided to the contributor at the point that their photos, content and information is being collected.

We shall be entitled to assign, license or deal in any other manner with any or all of our rights and obligations under these Terms and Conditions. You shall not be entitled to assign, license or deal in any other manner with any or all of your rights and obligations under these Terms and Conditions.

These Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or its subject matter or formation.

If you have any questions, comments or enquiries, please contact:

HELEN MARSHALL LIMITED (Company No. 11423615)
Acme Studios
42 Matchmakers Wharf
Homerton Road

London E9 5GP

Email: studio@thepeoplespicture.com

1.1 You and/or the commissioner may (as required) collect photography and other content for the People’s Picture to use in the Work (Photography) in accordance with the terms of this agreement. To the extent that you and/or the commissioner own the rights in the Photography, you and/or the commissioner hereby grant the People’s Picture a non-exclusive, royalty-free, worldwide licence to use the Photography during the term of this Agreement to the extent necessary for People’s Picture to perform their obligations under this Agreement. 

1.2 You and/or the commissioner agree that any use of the Approved Works will be for personal purposes only. You and/or the commissioner agree not to sell the Approved Works and that any possible reproduction of the Approved Works would be for personal purposes only and not commercial. Therefore, on this basis, the People’s Picture agrees to assign all rights, title and interest in the Approved Works to the Commissioner, including the right to reproduce the Approved Works for personal use and any copyright entitlement.

1.3 The People’s Picture cannot use your name or the name of the Commissioner and make reference to the Services in the People’s Picture professional portfolio including but not limited to the People’s Picture website and social media sites as such use will disclose confidential information or otherwise breach the separate Confidentiality Undertaking. 

1.4 The People’s Picture agrees not to publish in any media of any kind (including without limitation any newspaper, magazine or on any internet website or similar electronic medium or any form of social media, including without limitation, Facebook, Twitter, Instagram, Snapchat, LinkedIn and You Tube) whether now known or hereafter invented any information, data, photograph, image or other material which comprises or contains any Confidential Information including but not limited to the Photography.

2.1 Under these Terms and Conditions we will make efforts to include all the Photography and other content in the Project, we cannot guarantee it.

2.2 By providing the Information, you agree for us to process, use, to download, change, edit, adapt, modify, crop, alter the Photography and other content for the purposes of the Project only.

3.1 You hereby warrant and undertake that: 

1. you and/or the commissioner are the sole owner of the Licensed Rights and/or you have full authority to enter into this letter agreement; 

2. the Photography and other content does not infringe the rights of any third party and the use of the Photography and other content does not violate the rights of any third parties;

3. the Photography and other content does not incorporate any material that infringes the copyright or any other rights of any third party, including any right of confidentiality or privacy, nor does it contain any obscene, blasphemous or defamatory matter, and its exploitation shall not place any person in contempt of court nor in breach of any provision of any statute; 

4. you and/or the commissioner shall comply with the terms and conditions of any agreements which govern the use of the Photography and other content provided by third parties; 

5. you and/or the commissioner shall comply with all laws and regulations as they relate to these Terms and Conditions;

6. you and/or the commissioner shall provide all documentation and releases in respect of the Photography and other content;

7. where the Photography and other content  depicts persons under the age of 18 years old that you are either the child’s parent or guardian or have sought permission from the relevant parent(s) or guardian(s) to use this Photography and other content; 

8. you and/or the commissioner are not aware, having made full and reasonable enquiry, of any claim by any third party that the Photography and other content and other content or any pre-existing material incorporating the Photography and other content or included within the Photography and other content, or the exploitation of the Photography and other content has infringed or will infringe any rights of any third party and you agree that you shall immediately inform us if you become aware of any such claim; and 

9. you and/or the commissioner have secured all third-party permissions and releases necessary to grant the Licensed Rights to us and have made or will make in a timely manner all payments due to any such third parties necessary to enable us to exercise the rights granted to us under these Terms and Conditions. You hereby acknowledge that we shall not be liable for any such payments.

10. you and/or the commissioner shall immediately notify the Artist in writing if there is any actual, suspected or threatened infringement of the copyright or any other intellectual property rights in the Work including any claim made or threatened that the Work infringes the rights of any third party or any other form of attach, charge or claim to which the copyright may be subject.

11. Unless otherwise agreed, you and/or the commissioner shall be responsible for clearing the rights (including moral rights and personality/publicity rights) of any and all third party material and/or third parties featuring in the Photography so that the People’s Picture is entitled to create the Work without further reference or payment to such third parties (Clearances).

4.1 You and/or the commissioner represents warrants and covenants to the Artist that:

1. Unless otherwise agreed, you and/or the commissioner owns all right, title and interest or otherwise has full right and authority to permit use of the Photography;

2. Where you and/or the commissioner collects the Photography, to the best of your and/or the commissioner knowledge, the Photography does not infringe the rights of any third party and the use of the Photography does not violate the rights of any third parties;

3. You and/or the commissioner shall comply with the terms and conditions of any licensing agreements which govern the use of Photography provided by third parties;

4. You and/or the commissioner shall comply with all laws and regulations as they relate to this Agreement.

4.2 Unless otherwise agreed, you and/or the commissioner shall be responsible for clearing the rights (including moral rights and personality/publicity rights) of any and all third party material and/or third parties featuring in the Photography so that the People’s Picture is entitled to create the Work without further reference or payment to such third parties (Clearances).

4.3 Where applicable, you and/or the commissioner agree to provide all documentation and releases in respect of the Clearances upon request by the Artist.

5.1 For the purposes of these Contributor Terms and Conditions and compliance with applicable procedures, laws and regulations, we and, where relevant, our duly authorised agents, advisers and employees will need to collect, store and otherwise process your personal data.  It is important that you read and understand our Website Terms of Use and our Privacy Policy, which sets out how we use data relating to you and it forms a part of these Terms and Conditions.  Our Privacy Policy and our Website Terms of Use can be found here: https://thepeoplespicture.com/privacy-policy/ https://www.pixcollect.com/privacy-policy/terms-conditions 

5.2 We will comply with all applicable data protection laws, including the General Data Protection Regulation 2016/679 and the (UK) Data Protection Act 2018. You and/or the commissioner are the ‘data controller’.  We are the “processor” responsible for your personal data. We will comply with all applicable data protection laws, including the General Data Protection Regulation 2016/679 and the (UK) Data Protection Act 2018.

5.3 It is your responsibility to make it clear to contributors: 

1. you are the data controller; and 

2. you are responsible for determining the specific lawful bases upon which you are relying for data collecting; equally, you would need to explain what security measures you and pixcollect.com has in place and the extent to which it may anonymise any personal data collected. 

3. your ‘Privacy Policy’ and our ‘Privacy Policy’ (thepeoplespicture.com/privacy-policy) and ‘Contributors Terms and Conditions’ (thepeoplespicture.com/contributor-terms-conditions) should be provided to the contributor at the point that their photos, content and information is being collected.

6.1 Each party hereby agrees to treat all information, photography and other content which comes into their possession under this Agreement as strictly confidential and agrees to procure that its employees, contractors, associates and affiliates agrees:

1. to have signed a confidentiality deed and company data processing agreement and keep confidential and not to divulge, disclose or use for their own purpose or any other’s purposes any Confidential Information, meaning information concerning the business, affairs, clients or suppliers of the other party (Confidential Information);

2. on the completion of processing data, photography and other content and satisfactory sign off and delivery of the Services and Project and special request by the commissioner, the People’s Picture will delete and securely remove all data, photography and content and the Project from it’s secure server and local drives where applicable. 

The People’s Picture shall not be entitled to assign or license the Photography and other content or the Project to anybody else except the commissioner under these Terms and Conditions. 

These Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or its subject matter or formation.

If you have any questions, comments or enquiries, please contact:

HELEN MARSHALL LIMITED (Company No. 11423615)
Acme Studios
42 Matchmakers Wharf
Homerton Road

London E9 5GP

Email: studio@thepeoplespicture.com