OUR TERMS & CONDITIONS
Acceptance of Terms and Conditions
All contracts and transactions between the Company and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Company and all or any of its Clients.
Copyright and Ownership
In accordance with the Copyright Act 1957, the copyright of all images created by the Company is owned by the Company. Unless the Company gives written authorization, the Client is forbidden by law to copy any images created by the Company and agrees that all photographic reprints, digital duplication or copies of any type made from images created by the Company shall only be carried out by the Company. The license to reproduce such images is granted to the Client on the understanding that all invoices are paid within the Company's stated payment terms.
Reproduction rights (if and when granted) are strictly limited to the use specified on the Company's invoice and/or quotation. An agreement must be reached with the Company before the pictures are used for a different purpose or after the license to use has expired. The Company reserves the right to charge an additional fee if the photographs are used for purposes other than what is shown on the Company's invoice and/or quotation.
If the Client wishes to own the copyright of images created by the Company, an additional fee will be paid by the Client to the Company for transferring the copyright. This fee will be mutually agreed by both parties. The transfer of copyright will only become applicable after this payment has been made in full.
On instances where the Client requests copies from media that they have supplied, all work is undertaken on the assumption that the Client has obtained written permission from the legal copyright holder for copies to be made. The Company may contact the copyright holder of the said image to confirm that authorization to copy the image has been given. The Client agrees to fully indemnify the Company in respect of any claims or damages or any costs arising in respect of claims for copyright violation made by a third party.
All original negatives, transparencies and digital files created by the Company remain the property of the Company. The Company will ensure that all such materials are stored safely for the Client and make them available for future reproduction in return for the relevant fee.
The Company reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes.
If a booking is made where the Company is to be paid solely by monies received at an event from the sale of photographs, or where the Client is to be paid a commission/pitch fee/stand fee, the Company reserves the right to have exclusive photography rights for the assignment. This includes photographs either being offered for sale or free of charge, by any other photography company both at the event or via a website afterwards. This also includes press and other media photographers.
If any other photography company is present without prior agreement with the Company, the Company reserves the right to invoice the Client for any loss of earnings incurred.
Any commission/pitch fee/stand fee agreed in advance is based upon numbers provided by the client. The Company reserves the right to reduce payment on a pro rates basis if the numbers attending the event are reduced. Any payment will not be due until after the event has taken place.
Cancellation Fees / Overruns
If a booking is cancelled by the Client within one working day of the starting time, the Company reserves the right to charge his full fee for the assignment. If a booking is cancelled within ten working days of the starting time, the Company may charge 50% of his fee.
For cancellations/postponements due to weather conditions, the Company reserves the right to charge his full fee and expenses due to weather conditions on location. In such instances, the Photographer may charge in full for his expenses (e.g. including but not limited to; hire of specialist equipment, vehicles etc), that he may have incurred prior or during the assignment taking place.
If the client is not paying an Attendance Fee to the photographer, the photographer reserves the right to cancel the booking at any time. When the client is paying an Attendance Fee the photographer will make all reasonable efforts to make alternative arrangements with the client with regards to the booking.
Damage to Supplied Equipment
When the photographer is required to supply equipment with regards to any commission then the client is responsible for the behavior of their guests using said equipment. This applies whether the photographer is present or not.
Any damage to provided equipment is to be repaired at the clients expense, and the client will also be responsible for any loss of earnings whilst repairs are undertaken.
For all non-account Clients, payment for all products and services provided by the Photographer must be made 7 (seven) days before the assignment.
For authorized account holders, payment of the Company's invoice must be made within 15 days of the date of that invoice. The Company reserves the right to withdraw account facilities and services without notice should the Client fail to pay the Company's invoice(s) within 15 days.
Retention of Title
The Company reserves the right to retain all of the Clients materials in his possession until all monies owed to the Company have been paid in full. Furthermore, the license to reproduce images created by the Company will also be revoked until payment has been made.
Fees and Expenses
All prices quoted to the Client apply only to the original job description and specifications given to the Company by the Client. The Company reserves the right to make additional charges for fees and expenses should these descriptions or specifications differ or change before or during the assignment. Wherever possible, the Company shall endeavor to provide an indication of what these additional charges will be.
The Client shall ensure that there is an authorized representative present at the assignment to ensure the correctness of the Company's interpretation of the Clients brief. In the event of no Client representation, the Company's interpretation of the brief shall be deemed as correct.
Delivery Shortages / Loss and Damage in Transit
Claims for damage, non-delivery or shortages will not be considered unless notified in writing within seven days of delivery.
The Company will make reasonable endeavors to ensure that items delivered by a third party are suitably packaged for transit. The Company cannot accept liability for loss or damage caused by a third party. For valuable items, the Client should take out suitable insurance cover. Upon written request, the Company will provide suitable loss/damage cover for an additional charge.
Clients who choose to have items returned to them without loss/damage cover do so at their own risk.
The Company acknowledges that in the performances of the services, he may receive information from the Client which is designated by the Client as confidential. Upon request from the Client, the Company agrees to keep this information secret and not to disclose such information to other parties except as required by law.
The Client shall be responsible for the behavior of any persons accompanying them to an assignment. The Photographer reserves the right to terminate any assignment without notice if he deems the Clients behavior to be unruly or unsafe. In such instances, the Photographer reserves the right to charge his full fees and expenses as described in clause 4 of these Terms and Conditions. The Client will fully reimburse the Photographer or his agents for any loss/damage they cause to property or equipment.
Delivery of Products and Services
The supply of products and services are provided by the Company on a best endeavors basis. The Company will not be liable for delays that are beyond his reasonable control. The Company shall use reasonable endeavors to meet agreed deadlines where applicable. The Company shall not be liable for any delays in meeting any of his obligations which were due to causes beyond his reasonable control including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit etc.
Prices & Terms
The Company reserves the right to amend both Prices and these Terms and Conditions without prior notice.
The Company reserves the right make an additional charge should the Client request a rush service. This service is subject to availability and cannot be guaranteed.
Images/Data Supplied in Electronic Format
For all images/data supplied to the Client in electronic format (including but not limited to electronic mail, CD's/DVDs etc), The Company will endeavor to ensure that the data sent is not corrupt and is virus-free by scanning the data with Antivirus software before dispatch. The Company cannot be held responsible for any damage, disruption and/or loss of any kind that the said media may cause to the Clients computer or data. The Client agrees to take similar steps to ensure that data sent to the Photographer is not corrupt and/or virus-free.