TOGETHER

www.togetherassociates.com

These terms and conditions (referenced hereafter as "this Agreement") apply to all work undertaken by the Agency acting as agent for its represented photographers and film directors (each an "Artist") and/or as producer. By confirming the engagement of the Agency/the Artist, the Client agrees to be bound by this Agreement, and such confirmation may arise by any of formal written acknowledgement, with or without signature, e-mail, conduct and the rendering of the Services as contemplated by any Proposal or as set out below.

1. PARTIES & DEFINITIONS

   1. 1. [the] Agency (sometimes "we", "us"): Together Associates Limited, a company registered in England & Wales under number 08521454, and trading as 'Together Associates / Together', registered office 108 Beulah Road, London E17 9LE, trading and service address 1.4 Development House, 56-64 Leonard Street, London EC2A 4LT acting for the purposes of this Agreement as (a) agent for the Artist with authority to contract and collect fees, and/or (b) producer providing production services;

      2. [the] Artist: The commissioned photographer / director / other creative named in the Proposal;

      3. [the] Client: The party/ies contracting with the Agency in respect of the Services (including any advertising/creative agency and the advertiser/brand for whose benefit the work is commissioned) as referenced in the Proposal. The Client and any named agency/advertiser/brand referenced the Proposal shall at all times be jointly and severally liable for all sums due and performance of all of the terms of this Agreement;

      4. Deliverables / Materials: Photographic images, motion footage and other product of the Services consistent with the Proposal, only in so far as delivered and licensed;

      5. Licensed Images: The selected still and/or motion Deliverables licensed for use consistent with the Proposal.

      6. Proposal;: The proposal identified as such and otherwise the specifics relating to given Services as set out in any written estimate / bid / statement of work ("SOW"), brief, purchase order ("PO") (in both latter cases, where expressly accepted by the Agency in writing) or other sufficient record including e-mails communications, and confirming the details of the Services, including deliverables, timetable, milestones, delivery and approval (the latter two items of which will be deemed to occur by close of the Shoot unless the Agency expressly otherwise confirms in writing prior to those events);

      7. Services: The creative and production services described in the Proposal, including any Shoot;

      8. Shoot: The principal agreed booked slot/s and location/s for the substantial rendering of the Services and performance of this Agreement, including any photo-shoots; 

      9. Usage Licence: the licence terms (including without limitation media, territories, term, exclusivity) specified in the Proposal in respect of the Licensed Rights and subject to this Agreement.

      10. Working day: Monday to Friday, excluding Bank Holidays in England & Wales. 

2. WORKING HOURS & OVERTIME

   1. 1. Estimates are based on a ten (10) hour working day between 07:00 and 20:00 (allowing one hour for breaks). Any hours worked beyond ten (10) hours are considered overtime and charged at 1.5x the agreed hourly rate.

      2. Any hours outside 07:00-20:00 are classed as antisocial and overtime, and may incur additional charges for talent, crew, and facilities.

      3. Overtime on crew is charged according to prevailing APA / BECTU terms.

3. BOOKINGS & CONFIRMATION

   1. 1. A booking is confirmed when the Client signs and returns any estimate or SOW, or issues a valid PO (which shall confirm, but never override or govern, this Agreement), which the Agency acknowledges in writing, or confirms in writing (including email) the Client's wish to proceed, in each case as consistent with the Proposal.

      2. All pre-Shoot preparation and the Shoot must be confirmed prior to the first preparation day.

4. FEES, ADVANCES, INVOICES & PAYMENT TERMS

   1. 1. A 50% advance is payable immediately upon confirmation per clause 3.1 and prior to the first preparation day (3.2). No preparation work will be undertaken, or images, rushes, or finals supplied until the advance is received in full.

      2. Final invoices are issued upon completion of the Shoot and are payable no later than thirty (30) days from date of invoice. Post-production costs will be invoiced separately where applicable.

      3. Back-up receipts / vouchers are not supplied as standard. Where these are specifically requested, a twenty per cent (20%) administrative filing charge will be added to the final invoice.

      4. Late payment will be subject to interest and other permitted charges pursuant to the Late Payment of Commercial Debts (Interest) Act 1998. Usage rights are conditional upon payment in full of all amounts provided for by this Agreement.

      5. All prices exclude VAT where applicable, unless otherwise stated. Payments must be made without deduction or set-off.

5. ESTIMATES, CHANGES & COSTS

   1. 1. Estimates are valid for fourteen (14) days from the date of estimate and will be based on Client-supplied information. Any changes to brief, scope, or timing may give rise to consequential changes to fees and/or costs.

      2. The Agency may charge additional reasonable fees and/or costs for (i) Client-requested amendments or alterations, (ii) unpredicted factors outside the control of the Agency.

6. DELIVERY & RESHOOTS

   1. 1. A standard day is up to ten (10) hours, including breaks.

      2. The Client must have an authorised representative on set or available virtually throughout the Shoot and to approve the work. If no representative is present, or no issues are raised prior to the close of the final Shoot session, Deliverables shall be deemed approved. For the avoidance of doubt, it is the sole responsibility of the Client to approve (or not) the Deliverables in accordance with the preceding sentence. 

      3. In the event of technical fault before Deliverables, the Agency will reshoot without creative fees, subject to availability. In such circumstances the Client will cover hard costs (crew, equipment, location, talent). Reshoots for other reasons will be charged in full.

7. INSURANCE, RISK & LIABILITY

   1. 1. The Agency is insured for professional indemnity and public liability only for any Shoots which the Agency produces (unless otherwise expressly agreed in writing). Where the Agency acts only as agent and/or as supplier of talent, all liability, risk and insurance obligations shall be solely the responsibility of the Client.

      2. None of the Agency, the Artist or any supplied personnel shall be responsible for any items lost or damaged (in whatever manner in either case) and whether being the property of the Client or that of any third-party.

      3. The total aggregate liability of the Agency shall at all times be limited to the total fees (excluding costs) paid for the relevant Services. The Agency shall not be liable for indirect or consequential loss. Nothing in this Agreement shall limit the liability of any party for death or personal injury arising from a party's negligence, or from fraud.

8. COPYRIGHT, USAGE & CREDITS

   1. 1. Copyright remains with the Artist or other relevant creator/s, unless we agree otherwise in writing.

      2. Conditional always upon full payment in accordance with this Agreement, the Client shall benefit from a licence for the specific media, territories, and term stated in the Proposal. Additional or extended use must be agreed in advance and will be subject to appropriate fees and costs as specified by the Agency.

      3. The Client shall not crop, edit, or otherwise alter the Deliverables without our prior written approval.

      4. Usage licence and any third-party fees negotiated by the Agency and/or the Photographer are payable regardless of whether Deliverables are used by the Client.

      5. Any licence in the Licensed Images shall automatically be withheld, suspended or revoked (as the Agency shall determine in its sole discretion) if the Client is in unremedied default of payment terms, or any arrangement made in respect of payment. Any Licensed Images shall be subject to immediate termination of licence and usage in the event that the Client or other relevant licensed party becomes insolvent or is put into receivership or administration. 

9. ADDITIONAL/EXTENDED USAGE

   1. 1. Fees and costs are based on the Usage Licence as specified by the Agency in any Proposal or otherwise in the course of this Agreement. Any additional or extended use (including for the avoidance of doubt the use of individual still frames from licensed moving image footage) will be subject to an additional fee which must be agreed in advance.

      2. Any quotations for additional or extended usage licence fees provided to the Client are valid for a period of 3 (three) months from the date of our quotation.

      3. The Client acknowledges that all licence and usage costs do not include provision for any third-party rights, which remain at all times the responsibility of the Client.

      4. The Client shall procure that any party deriving rights from the Client (including, without limitation, any advertising agency or advertiser) properly requests in advance any desired or necessary extended or additional Usage Licence.

      5. Any extended or additional use made without permission shall attract an additional fee and may be subject to infringement claims including injunction.

10. CANCELLATION, POSTPONEMENT, WEATHER & FORCE MAJEURE

    1. 1. If the Client cancels or postpones the Shoot, then the following payment obligations shall arise depending on the point of cancellation or postponement prior to the Shoot's commencement:

          1. 100% of incurred expenses (including crew cancellation fees) if no later than four (4) working days beforehand; or, 50% of fees and 100% of expenses if on the fourth or third working day beforehand; or,

          2. 100% of both fees and expenses in any later case.

       2. Full fees and expenses apply for confirmed preparation days that are cancelled or postponed.

       3. Full fees and expenses if adverse weather prevents the Shooting.

       4. In the case of a Force Majeure event the Client will be liable for 100% of incurred expenses and will indemnify the Agency in respect of all losses arising, and for the purposes of this clause "Force Majeure event" means any event, circumstance or cause beyond a party's reasonable control, including any act of God, act or acts of a public enemy, act, acts or threats of terrorism, war, blockade, insurrection, riot, epidemic, pandemic, lockdown, landslide, lightning, earthquake, fire or any other cause whether of the kind hereinabove specified or otherwise not within the reasonable control of the party relying upon this clause, all of which by the exercise of due diligence and pursuant to the performance of obligations under this Agreement such party is unable to prevent.

11. AI / MACHINE LEARNING RESTRICTIONS - ARTIFICIAL INTELLIGENCE

    1. 1. No rights of any kind whatsoever are granted other than those expressly specified in the Usage Licence.

       2. For the avoidance of doubt, nothing in this Agreement, any Proposal, the Services or the Deliverables may be assumed to grant any rights to reproduce and/or otherwise use the Licensed Images or the Deliverables in any manner other than as expressly permitted, and no usage rights, whether express or implied, are given or offered for purposes of training machine learning or other commonly known as artificial intelligence technologies to generate imagery or other output types, including without limitation, technologies that are capable of generating works in the same style or genre as the Licensed Images and/or the Deliverables. All such rights are expressly reserved to the Artist and/or other relevant creative/s, and any such unlawful use by the Client or any person or party deriving or purporting to derive rights from the Client shall be deemed a gross infringement of copyright and other intellectual property and other rights (including moral rights) giving rise to commensurate remedies, including immediate injunction.

12. STORAGE & ARCHIVING

    1. 1. The Agency is not obliged to archive or retain any subject matter or materials arising from any engagement. The Client must store all delivered files and assets securely for the full term of the Usage Licence and provide access to the Agency to all such materials upon the Agency's request.

13. THIRD-PARTY RIGHTS & TALENT

    1. 1. The Client is solely responsible for obtaining all relevant clearances for all third-party content appearing in Deliverables and any usage of such content shall always be solely at the Client's risk.

       2. Talent usage beyond time-for-time performance must be separately licensed as between the Client and the relevant talent.

       3. Props or artworks created for any Shoot remain the creator's property unless purchased by the Client as specifically agreed between the Client and the relevant creator.

14. INDEMNITY

    1. 1. The Client shall at all times, and on a continuing basis, indemnify the Agency and the Artist and keep them and their respective officers, employees and personnel indemnified in respect of and held harmless from all liabilities, claims, costs, damages and expenses claimed or incurred (including legal and professional costs) or licence fees due by reason of any infringement claim, or alleged infringement, of any intellectual property rights relating to any failure by the Client to obtain third-party clearances or arising out of use of the Licensed Images or other product of the Services by the Client outside of the scope Usage Licence or otherwise as a result of any breach by the Client of this Agreement.

15. CONFIDENTIALITY

    1. 1. The parties agree to keep this Agreement, the context for and process of its negotiation, its contents, and all aspect of its performance and the dealings between the parties, and any non-public documentation and information which passes between them by reason of this Agreement confidential save as set out herein or insofar as otherwise required or permitted by law.

       2. Each party warrants to the other that the warranting party is subject to and complies with the requirements of the Data Protection Act 2018, GDPR (UK and where applicable EU General Data Protection Regulations) and that the Agency's current Privacy Policy from time-to-time forms part of the Agreement.

       3. The Agency and the Artist will keep information so-specified by the Client confidential and will not disclose to any third-parties or make use of material or information communicated to them in confidence for the purposes of this Assignment, save as may be necessary in order properly to perform this Agreement, the Services and to render the Deliverables.

       4. It shall be the sole responsibility of the Client to arrange for any third-party to enter into any confidentiality agreement including any so-called non-disclosure agreement / NDA in accordance with the Client's requirements.

       5. The Agency and any Artist will not be liable for any breach of the Client's confidentiality by any third-party.

       6. The parties' confidentiality obligations shall survive termination of this Agreement.

16. GOVERNING LAW & JURISDICTION

    1. 1. This Agreement and all aspects of its and its performance and any dispute arising from or in connection with it shall be governed and construed in accordance with the laws of England & Wales. The parties submit to the exclusive jurisdiction of the English courts.

17. GENERAL

    1. 1. Waiver: No delay or omission by a party in exercising any right or remedy hereunder shall operate to impair such right or remedy or be construed as a waiver thereof. Any single or partial exercise of any such right or remedy shall not preclude any further exercise or the exercise of any other right or remedy.

       2.  Assignment/Sub-contracting: Neither party shall be entitled to assign, transfer, delegate or sub-contract the whole or any part of its rights and obligations under this Agreement without the prior written consent of the other party (such consent not to be unreasonably withheld or delayed).

       3. Notices: Any notice hereunder shall be sent by e-mail to the e-mail address of the recipient party as set out in the Proposal, or as otherwise notified as between the parties from time to time. Any notice shall be deemed sent according to any verifiable date and time marked proof of transmission / receipt, and if outside usual business hours, at the point when the recipient's normal hours next resume.

       4. Entire Agreement and Variation: This Agreement and the relevant associated documents referenced in it constitute the entire agreement between the parties with respect to their subject matter.

       5. Severability: If any part of this Agreement is found by any court or other competent authority to be invalid, unlawful or unenforceable then such part shall be deemed severed and of no effect, and the remainder shall continue to be valid and enforceable to the fullest extent permitted by law.

       6. Relationship: Nothing in this Agreement shall be give rise to any agency, joint venture, partnership or relationship of employer and employee as between the parties.

       7. Third Party Rights: The provisions of this Agreement are for the benefit of the parties and are not intended to confer upon any person except the parties any rights or remedies hereunder. No person who is not a party to this Agreement shall have any right to enforce any of its terms pursuant to the Contracts (Rights of Third Parties) Act 1999.

       8. If any dispute arises between the parties in connection with this Agreement, the authorised representatives of the parties shall, within 10 (ten) working days of a respective written request from one party to the other, meet in good faith with a view to resolving the issue to the mutual satisfaction of the parties. In so far as a resolution is not achieved, the parties will then promptly undertake mediation in accordance with the CEDR Model Mediation Procedure through a mediator nominated by CEDR in the absence of agreement as to the mediator by the parties. A party may proceed to determine the matter/s in dispute through the courts only if genuine attempts have first been made by that party to resolve the issues in question by the processes set out in this sub-clause 17.8.

T&Cs updated February 2026