AGREEMENT: These Terms & Conditions constitute the entire agreement between the parties concerning a photographic assignment. The Client agrees to be bound by these terms when booking the Photographer for photography services.
ESTIMATES:The fees quoted by the Photographer are for the original job description as presented by the Client. Additional time charged at £100.00 per hour. Any subsequent changes, whether made orally, or in writing, may result in additional charges. Any expenses are estimated in good faith. Actual expenses, which may be greater or less, will be invoiced.
DEFINITIONS:“Publicity” use is when the Client submits photographs to an outside publication (whether print or electronic) for editorial use and the Client (or their client) is not paying for that use. “Advertising” use is when the Client (or their client) is paying for the placement of a photograph in whatever media it appears, such as a newspaper, magazine, billboard, or website. “Collateral” use is when photographs appear in a publication that the Client produces, such as a magazine, annual report, brochure, leaflet, poster, or website, and whose audience is employees, customers, shareholders, or the general public. “Photograph(s)” are images created as part of the project as agreed by the Photographer and Client.
PAYMENT: Approved credit clients shall make full payment within 28 days of invoice. Late payments will be billed at £30 per month (or part thereof) administration fee, plus 2% interest per month (or part thereof). For non-approved clients, advance payment will be required prior to the shoot.
COPYRIGHT: All photographs created by the Photographer and their copyright are the sole and exclusive property of the Photographer. Grant of any reproduction rights to the Client is conditional upon receipt of payment in full. All rights not expressly granted shall be reserved by the Photographer. Modification of photographs and/or incorporation of photographs in any layout or concept shall not constitute a Joint Work.
USAGE LICENSES: Full Commercial Rights (i.e. the right to use the photographs for publicity, promotional, advertising, editorial and collateral use electronically, via internet, and in print, in connection with the commercial purposes of the business)
BUSINESS PORTRAITS: Payment of the session is required at the time of booking. This secures the time slot and ensures that no other bookings can be accepted.
CANCELLATION & POSTPONEMENTS: In the event that the Client subsequently cancels the contracted services before the assignment takes place, for whatever reason, the following applies:
If I cancel after confirming the booking, how much will I need to pay?
If the Client exercises their right to cancel after having made a booking/reservation (in writing), the Client is to be liable to pay the Photographer reasonable costs and losses.
Cancellation costs for cancellation requests received after the initial booking are as follows:
If I need to postpone the shoot, how much will I need to pay?
If the Client exercises their right to postpone after having made a booking/reservation, (in writing), the Photographer will transfer the fee to an alternative date without additional charge. These Terms & Conditions will also be transferred to the new date. Only one transfer request will be made without additional charge. For subsequent requests to postpone/transfer a booking, a charge of £50 will be made.
CLIENT REPRESENTATION: The Client is responsible for the presence of an authorised representative at the shoot to approve the Photographer's interpretation of the assignment. If a Client representative is not present, the Photographer's interpretation shall be deemed acceptable.
INDEMNIFICATION: The Client hereby indemnifies and holds the Photographer harmless against any and all liabilities, claims, and expenses, including reasonable legal fees, arising from the Client's use of the Photographer's work. Unless the Photographer has organised the photography session and obtained all permissions from the relevant parties for location work on private land or public premises, the Client is responsible for obtaining the same.
TURN AROUND TIME: Normal schedule for photographs is 3-5 working days after completion of the shoot. There will be a 50% additional charge for 48 hour service, and 100% additional charge for same day service, unless otherwise agreed.
RETOUCHING: Any additional retouching requested by the Client will be quoted on a case-by-case basis.
LIMITATION OF LIABILITY: In the event that the Photographer is unable to perform due to illness, fire, accident, strike, an act of God, any other cause beyond their control, or due to any other emergency, then your session fee will be returned, but the Photographer shall have no further liability with respect to the contract. This limitation on liability shall also apply in the event that photographic materials are damaged or lost in processing through camera or media malfunction without fault on the part of the Photographer. In the event that the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the total amount paid for your order.
PERFORMANCE: In circumstances where the event is unable to go ahead due to Government Lockdown Laws, or other Legal Restrictions, the contract will be deemed “frustrated” and the Client is entitled to a full refund of any monies paid. The Client will also not be required to make further payments. Evidence may be requested before a refund is generated.