- More information about Colin Hawkins Photography
- Terms & Conditions
Colin Hawkins is a professional photographer based in Bath, Somerset, South West England and has been working directly with clients and with advertising and design agencies for over 25 years.
“I shoot stylish, emotive, imaginative images mainly of people and products in the studio or on location often to communicate a concept.
The photography projects I am involved in are successful through efficient and thorough production, bringing together all the people and talents needed, combined with many years of industry experience. I deliver high-quality photography on budget and on time. Many of my clients have come through recommendation and our relationships have developed into long-term creative partnerships.
I’ve been fortunate to work with a broad spectrum of industries and subjects for some inspiring clients. My photography has appeared in a large number of national and international advertising campaigns, magazines, books, brochures, publications and web sites. I’ve been commissioned to shoot everything from fashion stories to pharmaceutical campaigns, athletes to museum artefacts, pop stars and TV personalities… even the occasional pig! I’ve found it all fascinating, creatively rewarding and usually pretty good fun, especially as it has allowed me to travel to many different countries and amazing locations to do what I love.
After assisting some of Londons best photographers I started my own photography career in the late 1980’s. Initially I was shooting bands and musicians or fashion stories for press and editorial features whilst spending many long nights in the dark room experimenting with chemicals and imaginative processes. I then spent a couple of years in NYC often working as an art director on hip hop videos. I came back to London and continued with my photography career which progressed rapidly to shooting record covers and press images for some major artists and bands. I started getting more advertising and design photography commissions as my style of imagery developed, and around the same time I joined Tony Stone picture library, which is now Getty Images.
When possible I like to work with a small team to create high quality images that have a clear sense of style and design. I have a highly experienced, enthusiastic and friendly team of hair and make up artists, assistants and stylists all based in the Bath and Bristol area who help me with organisation and the various skills necessary on shoot days or with production.
Over the last few years I’ve run many photographic courses, workshops and lectures for The Royal Photographic Society, Xposure in Sharjah and Bath Spa University as I really enjoy passing on my knowledge and experience to others.
I moved my studio and family from London to Bath in 2001 and I now work from Hawkeye Studio which is just off Walcot Street in central Bath, Somerset.
I don’t shoot weddings, christenings or anything else where I might need to wear a tie.”
@colinhawkeye is my personal observations of other things, places and people along the way https://www.instagram.com/colinhawkeye/
@colinhawkinsphotography is my commissioned and work related images https://www.instagram.com/colinhawkinsphotography/
Selected client list (in no particular order):
AMERICAN FRESHMAN • MORRISONS SUPERMARKET • COCO DE MER • BOEHRINGER INGLEHEIM • PFIZER • ROCHE • JOHNSON & JOHNSON • SAINSBURYS • JANSSEN-CILAG • JONES HIRE • SOMERSET TOURISM • ROCHE • AZIMO • NOVARIS • NINE FEET TALL • WESSEX WATER • GILEAD • NATIONAL PLANNING PORTAL • BRITANNIA • BATH TOURISM PLUS • LOVEHONEY • WATSONS FUEL • THE FORESTRY COMMISSION • THE TIMES • ARQIVA • HARPER COLLINS PUBLICATIONS • FULLERTON SHOES • MUSEUM OF COSTUME • ARISTA RECORDS • KINGSTONE • GALEN • SPECSAVERS • NOVIA FINANCIAL • EMI MUSIC • MERCK SERONO • WORLD PAY • FREEPLAY • PUSH MERCHANDISING • IAMS • NEALS YARD REMEDIES • XL RECORDS • WILD & WOLF • THEATRE ROYAL BATH • McATHURGLENS DESIGNER OUTLET • BEAUX ARTS LONDON • CRESTRON • SCRUFFS CLOTHING • CAMOUFLAGE CONTRACTS • BIOHITECH
2. COLIN HAWKINS PHOTOGRAPHY TERMS & CONDITIONS
My terms and conditions exist to protect you as my client, as much as they are to protect me and they only become very important when there is a misunderstanding or in the event when something goes wrong ….which is not usually the case!
I retain copyright of all the images I create for your benefit, as being the creator of original work I own the copyright of my work under the Copyright, Designs and Patents Act 1988. When commissioned by you, the images I produce will be exclusive to you and I will chase any infringements of this copyright on your behalf.
It is important that you discuss your photography commission and fully brief me with as much information as possible including details about where and how you would like to use the images, as a commissioned photography shoot creates original and bespoke images which accurately reflects you, your company and products or your services.
I will then be able to determine my fee that will reflect the agreed use – ie. on a website or in a brochure, etc., the length of time you wish to use the images for, 1 or 2 years or maybe more and also the geographical territories in which the images will be shown. The use of these images will be exclusive to you, unless agreed otherwise. This means that I will not be able to allow any third-party to use the images you are using during this time and possibly beyond, depending on what you need, what has been agreed or what has been stated on the final invoice.
My initial “base use” licence is calculated according to the Association of Photographers guidelines, which is usually two years and one media use and will be clearly stated on the invoice.
Once we have agreed the “use” you require there should be no need for either of us to ask about how the images are subsequently used, provided that material is promoting you and your business alone.
Therefore, I ask to be respected and that my images are not shared or distributed with other organisations or individuals without my knowledge and agreement. Anyone connected with the publication of my images should be made aware of the use that has been agreed between us and that any additional use may incur an additional fee or may result in me pursuing copyright infringement.
If there is anything about my T&Cs which you don’t understand or don’t agree with please contact me to discuss.
Terms and Conditions:
1. Definitions For the purpose of this agreement “the Client” shall where the context so admits include their respective assignees, sublicencees and successors in title. “The Client” refers to the Photographer’s direct client or the client’s agent as applicable. “Photographs” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.
“The Photographer” refers to Colin Hawkins.
2. Copyright: The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.
3. Ownership of Materials: Title to all Photographs remains the property of the Photographer. When the Licence to Use the material has expired the Photographs must be returned to the Photographer in good condition within 30 days.
4. Use: The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Client is put into receivership or liquidation. The Licence only applies to the Client and product as stated on the invoice and its benefit shall not be assigned to any third party without the Photographer’s permission. Accordingly, even where any form of “all media” Licence is granted, the Photographer’s permission must be obtained before any use of the Photographs for other purposes, e.g. use in relation to another product or sub-licensing through a photo library. Permission to use Photographs for other purposes outside the terms of the Licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use. Unless otherwise agreed in writing, all further Licences in respect of the Photographs will be subject to these Terms and Conditions.
5. Exclusivity: The Client will be authorised to publish the Photographs to the exclusion of all other persons including the Photographer. However, the Photographer retains the right in all cases to use Photographs in any manner, at any time and in any part of the world for the purposes of advertising or otherwise promoting his work. After the exclusivity period indicated in the Licence to Use or on the invoice, the Photographer shall be entitled to use the Photographs for any purpose.
6. Client Confidentiality: The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his obligations in relation to the commission.
7. Indemnity: The Photographer agrees to indemnify the Client against all expenses, damages, claims, and legal costs arising out of any failure by the Photographer to obtain clearances for which he was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases the Client shall be responsible for obtaining such clearances and shall indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
8. Payment: Payment by the Client will be expected for the commissioned work within 30 days of the issue of the relevant invoice(s). If the invoice is not paid, in full, within 30 days the Photographer reserves the right to charge late payment charges and interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made. If the Client wishes to question the invoice, this must be done in writing not more than 14 days after the date of issue of the invoice.
9. Expenses: Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise at their request, the Client shall give approval to and be liable to pay such extra expenses or fees at the Photographer’s normal rate to the Photographer in addition to the expenses as having been agreed or estimated.
10. Rejection: Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
11. Cancellation and Postponement: A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his discretion, charge a fee for cancellation or postponement.
12. Right to a Credit: The Photographer asserts his statutory right to be identified as the author of his work as set out in Sections 77-79 of the Copyright, Designs and Patents Act 1998
13. Electronic Storage: Save for the purposes of reproduction for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of the Photographer. Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer.
14. Applicable Law: This agreement shall be governed by the laws of England and Wales.
15. Variation: These Terms and Conditions shall not be varied except by agreement in writing by both parties.
We may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 01.07.2018
What we collect
We may collect the following information:
· Your name and job title.
· Contact information including your email address, postal address and telephone number.
· Other information relevant to us.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
We collect this data from you on at least one of the following legal bases:
· In the case of model releases , quotes or estimates , that we need to complete in order to fulfil our contractual obligations.
· In the case of your email address or phone number (where you have provided us with this), That we have a legitimate interest in doing so for our own commercial marketing activities and activities related to customer satisfaction and service improvement where our use of your data is proportionate, has a minimal impact on your privacy and is promotes an activity that you might reasonably expect us to be engaged in.
How is your data collected?
We use different methods to collect data from and about you, including through:
· Direct interactions with you when you fill in a form, model release or correspond with us by post, phone, email or otherwise;
· Automated technologies or interactions, for example as you interact with this website we may automatically collect technical data about your equipment, browsing actions and patterns or by using cookies.
What we do with the information we gather
We use, store and process this information to understand your needs and provide you with a better service, and in particular, for the following reasons:
· Internal record-keeping and to administer any account(s) that you might have with us.
· We may use the information for our legitimate business interests to improve our products and services to you.
· We may periodically send promotional emails about new products or services, special offers or other information which we think you may find interesting using the email address which you have provided and given us consent to use or, where you have provided us with a corporate email address, for our legitimate interests (as described above), provided you have not unsubscribed.
We may contact you by email, phone, or post but only in accordance with your express and explicit consent for such contact. We may also use the information for our internal business purposes and legitimate interests of improving customer satisfaction to customise our website(s) according to your interests to provide you with a better experience.
How long do we keep your personal information for?
We will only retain your personal information for the minimum time that is necessary for the purpose for which it was collected. For some purposes such as our business accounting obligations, this length of time will be determined by legislation.In relation to financial and transactional data this will be for a period of approximately 6 years after the date of the transaction.[NA1] In the case of marketing consent, we will contact you to renew this every two years.
Controlling your personal information – your rights
You may choose at any time to restrict the collection or use of your personal information in the following ways:
· Right to withdraw consent, data retention and the right to be forgotten – If you have previously agreed to us using your personal information or we are using your contact details for our legitimate interests for direct-marketing purposes, you may change your mind at any time by emailing us at email@example.com. We will comply with your request within one month of receiving it. Please note, there may be certain circumstances such as a legal obligation we may have, that mean the right to be forgotten (your right to have your data erased) cannot be implemented but we will inform you of this should you contact us on this basis.
· Right of access to your data – You may request details of personal information which we hold about you. If you would like a copy of the information held on you please write to or email us firstname.lastname@example.org.
· Right to rectification of inaccurate data – If you believe that any information we are holding on you is incorrect or incomplete, please email us at email@example.com. as soon as possible. We will promptly rectify any information found to be incorrect.
· Right to object to processing of your data – You have a right to object to us using your data for marketing under the basis of ‘legitimate interests’ and if you wish to do so, please contact us at firstname.lastname@example.org
Disclosures of your personal data
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information.
We may need to disclose your data to third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
We do not transfer or give access to your personal data outside the European Economic Area. If we do need to do so for contractual or legal reasons we ensure that data & transfer is secure.
We are committed to ensuring that your information is secure. To prevent unauthorised access or disclosure, we have put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information we collect. All your information is stored either electronically on our secure servers or in the case of paper documentation, in secured cabinets only accessible by the Data Controller. We limit access to your personal data to those employees and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
In the event of any data security breach, we will comply with our legal responsibilities to notify the applicable regulator and you as outlined in the applicable legislation.
Any password(s) which you might use to access our website or other platforms that are operated by the us using third-party providers are your own responsibility and you undertake not to share them with anyone else, save as to making provisions in your will. If you believe your password(s) has/have been compromised, you must inform us straightaway and change it.
If you have reason to make a complaint, then you should contact us in writing as soon as possible at email@example.com
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We may use traffic-log cookies to identify which pages are being used. This helps us analyse data about web-page traffic and improve our website(s) in order to tailor it to user’s’ needs. We only use this information for statistical analysis purposes and the data is then removed from the system.
Overall, cookies help us provide you with a better website experience, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of our website(s).
Links to other websites
Our website(s) may contain links to other websites of interest. However, once you have used these links to leave our this website, you should be aware that we do not have any control over those other websites. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should look at the privacy statement applicable to the website in question.