Jo Mertens Photography | Disclaimer, Terms and Conditions

Jo Mertens is committed to protecting the privacy of our online visitors. We collect information from online visitors who wish to purchase images through our website, or seek information about our services, by providing their name, email address, and address details.

All online visitor data collected by Jo Mertens is protected against unauthorized access. We will not sell, trade, or give your personal information to other companies or organisations.

1. Licence granted to customer

1.1.Before granting a Licence to reproduce and publish the Photographic Works the Customer must advice Jo Mertens Limited of:
  • the intended use of each Image;
  • the medium in which the Image will be reproduced;
  • the distribution area of the publication in which the Image will be reproduced;
  • the number of copies of the publication in which the Image will be printed.

1.2. Jo Mertens Limited grants the Customer a Licence to reproduce and publish the Photographic Works for the purposes, territories and time period specified in the Order Confirmation and on these Terms and Conditions. Jo Mertens Limited always retains the right to use the Photographic Works in any manner, at any time and in any part of the world for the purposes of:

  • entering the Photographic Works into photographic competitions or awards and for their use in any material published in connection with promoting those competitions or awards;
  • advertising or otherwise promoting Jo Mertens Limited's Photographic Works;
  • submitting the Photographic Works for display at art galleries or other premises.

2. Conditions of licence

2.1. The Licence to use the Photographic Works begins from the date of full payment of the Invoice. No use may be made of any Photographic Work before full payment of the Invoice without Jo Mertens Limited's express permission.
2.2. This Licence applies to the Customer named on the Invoice only and must not be assigned to any third party without Jo Mertens Limited's prior written permission. Selling and redistribution of the image is forbidden.
2.3. The Customer may use the Image:
  • in digital format on websites, multimedia presentations, broadcast film and video, cell phones;
  • in printed promotional materials, magazines, newspapers, books, brochures, flyers, CD/DVD covers, etc.;
  • along with the Customer's corporate identity on business cards, letterhead, etc.;
  • to decorate the Customer's home, office or any public place.
2.4. The Customer may NOT use the Image:
  • in website templates that the Customer intends to sell or distribute;
  • for creating printed reproductions that the Customer intends to sell;
  • on "print on demand" items such as t-shirts, postcards, mouse pads, mugs, or on any similar mass produced item that would contain the Image in a dominant way;
  • for pornographic, unlawful or other immoral purposes, for spreading hate or discrimination, or to defame or victimise other people, societies, cultures;
  • to endorse products and services if it depicts a person;
  • in a way that can give a bad name to Jo Mertens Limited or the person(s) depicted on the Image;
  • as part of a trademark, service mark or logo.

2.5. Copyright in any new Photographic Work created from any manipulation, alteration, distortion or overprinting of text of the licensed Photographic Work shall remain with Jo Mertens Limited.
2.6. Each use by the Customer of any Photographic Work must be accompanied by an adjacent credit line acknowledging Jo Mertens Limited and copyright in the Photographic Work, unless agreed otherwise, or where such a credit line is inappropriate.
2.7. The Customer will supply one copy of the publication in which an Image for which a reproduction right has been granted appears free of charge to Jo Mertens Limited within 14 days of publication.

3. Delivery of images

After accepting our Quote and Order Confirmation and receipt of your Payment, we will send out a CD/DVD with the requested Images.

4. Copyright assigned

It is the responsibility of the Customer to obtain all model releases and moral rights and privacy waivers necessary for the use of assigned copyright in the Photographic Works by that Customer. As a condition of this assignment the Customer agrees to indemnify Jo Mertens Limited in respect of any liability to Jo Mertens Limited arising from any use of the assigned copyright material.

5. Payment

Fees are payable as outlined on the Invoice/Statement Form or as arranged by Jo Mertens Limited.

5.1. Payment of the licence fees must be received by Jo Mertens Limited prior to delivery and can be made in the following ways:

  • Direct payment/transfer to our bank account
  • Cheque (must clear prior to delivery)

Fees are payable as outlined on the Invoice or as arranged by Jo Mertens Limited. For payment by foreign cheque or direct payment/transfer to our bank account, all bank fees must be paid by the Client.

5.2. Job-related cost
The Customer shall reimburse Jo Mertens Limited for all Job-related Costs ('Job-related Costs' means the costs and expenses incurred by Jo Mertens Limited on the Customer's behalf in providing Photographic Services to the Customer and as detailed on any Invoice). Where Jo Mertens Limited makes payment to others on behalf of the Customer, Jo Mertens Limited may add a service charge, determined at Jo Mertens Limited's absolute discretion, to its invoiced costs. Unless otherwise arranged, the Customer must pay all Job-related Costs and any service charges to Jo Mertens Limited within 7 days of receipt of the Invoice. The Customer is not entitled to any property in:

  • any authored or artistic works created by Jo Mertens Limited to support the Photographic Works
  • any materials used for the creation of an authored or artistic work, as a result of plans or drawings, which are commissioned by the Photographer
  • any acquisition of goods for use in supporting the Photographic Works. Such goods, materials, authored or artistic works shall remain the property of Jo Mertens Limited, unless otherwise agreed between Jo Mertens Limited and the Customer.

5.3. Urgent work
Where the Customer wants Photographic Works on an urgent basis, which includes where Jo Mertens Limited is unable to re-shoot or correct a shot because of an urgent deadline, Jo Mertens Limited will not be liable for any losses or damages arising out of the inability to carry out a re-shoot or the costs of arranging a re-shoot.

6. Indemnity for breaches of intellectual property

The Customer fully indemnifies Jo Mertens Limited against any claims, costs, or expenses arising out of any illegal or defamatory Photographic Works produced for the Customer and any infringement of any intellectual property right of any person.
The Customer is responsible for obtaining any authorisation, clearance, licence or other form of approval necessary for the lawful use of third party intellectual property works.

7. Jo Mertens Limited not liable for losses

Except as provided for by the Consumer Guarantees Act 1993, Jo Mertens Limited shall not be liable for:
  • any loss or damage arising by reason of any delay in the completion of the Photographic Works;
  • any loss of profits;
  • any indirect or consequential loss of whatever nature;
  • any loss resulting from any errors or omissions arising from an oversight or a misinterpretation of a Customer's verbal instructions;
  • any loss arising directly or indirectly from any breach by Jo Mertens Limited of any of its obligations under these Terms and Conditions of Engagement or from any negligence on the part of Jo Mertens Limited or its employees.