Terms & Conditions
DEFINITIONS AND GENERAL TERMS:
Hereafter, the term “Client” refers to the person, company, organisation or the appointees thereof for whom photographic services are being carried out. The term “Photographer” or "I" refers to Bob Greaves and / or his appointees.
Coverage is provided by Bob Greaves Photography. Note that whilst all photography will usually be undertaken by Bob Greaves personally, in exceptional circumstances (eg: illness) a similarly skilled appointed photographer may attend instead. Whenever possible, this will be notified in advance, but this may not always be possible.
All contracts verbal or written are only accepted on the basis that these Terms and Conditions are the only ones applicable. Other Terms and Conditions proffered by the Client are specifically excluded unless agreed in writing beforehand by the Photographer.
BOOKING PROCEDURE & ATTENDANCE:
Initially a verbal or written conversation will take place between Client and Photographer, where the Client should be as clear as possible on what is required, enabling the Photographer to provide an accurate quote for his services.
Once agreed, the Photographer will confirm the booking in writing and a written brief should be supplied to the Photographer by the Client. This should give the full address and postode of the venue, the number and nature of images required, when they are required and by whom, their intended usage (for style cues), a contact name and number for someone to liase with at the shoot and any other necessary information. If there are any queries regarding this brief, the Photographer will contact the Client before the event for clarification. When a Client’s policy is not to rely on phone or email confirmations, hardcopy paperwork must be supplied; if none is provided, then the phone or email communications will constitute a contract.
The photographer will so far as possible follow this brief, but will adapt, modify and omit any portion of it if circumstances or time constraints dictate it necessary. Where such a brief is not supplied, the Photographer will make his own decisions in regard to what is photographed. The photographer will not be subject to any sanction for omissions in either situation.
Where time is of the essence the Photographer entirely at its own discretion may accept an instruction given orally; in this event the Photographer shall accept no liability for any error in executing the order. Unless the Photographer is given prior written notice by the Client, the person placing or signing the order on behalf of the Client is deemed to be authorised to do so.
If at any stage during the assignment the Photographer is subject to abusive, threatening or violent behaviour, he will first make this known to the Client. If the Client is unavailable, unable or unwilling to take steps to rectify the situation, the Photographer reserves the right to remove himself from said situation and even terminate coverage.
RATES AND FEES:
The Photographer's standard rates are available on request and are on a par with other genuine professionals in his field of work and geographical area.
Rates may vary from the standard depending on what work the Client requires and will be discussed and agreed between Client and Photographer at the time of booking. The Photographer will record these for his records, along with the name, position and contact details of the person making the booking. The Client should also make records for the avoidance of any confusion when the invoice is submitted.
All rates are for continuous attendance and will be charged from the time the Client requires the arrival of the Photographer, to the point at which the Photographer is free to leave. Should a shoot overrun, extensions to the attendance period will only be accepted at the discretion of the photographer. Shoots which finish early will still be billed at the full agreed rate.
The rates are inclusive of attendance, photography within the stated time frame and supply of images by electronic means or a posted on a CD / DVD. The expected number of images and the time frame for delivery will be mutually agreed at the time of booking. Supplied images will be optimised, including adjustments to contrast, colour balance output size and sharpness. More extensive retouching or post production work is possible if requested, but will incur additional hourly charges which should be discussed at the time of booking.
The Photographer will endeavour to notify any expected additional expenses as part of the quote at the time of booking, but reserves the right to subsequently charge for any other unexpected expenses incurred as an unavoidable and necessary consequence of carrying-out the assignment, eg. parking charges, admission fees, etc. Mileage is usually included, but may incur an additional charge in high mileage circumstances. Likewise, if an overnight stay is required, a charge for both accomodation and subsistence may be made, which will be discussed at the time of booking.
The Photographer will be entitled to take such comfort breaks as are reasonably required and a refreshment break of 15 minutes per 2 hours.
The Photographer is not VAT registered, so No VAT is payable on any of the above rates.
Any deposits paid are non-refundable, except where the Photographer is unable to undertake the assignment for any reason and is unable to find a replacement photographer for the Client.
An invoice will be supplied following the completion of each assignment. This will usually be via email, but can be supplied by post if requested. A receipt will not normally be issued following payment, but the Photographer will happily supply one at the Client's request.
For point-of-sale cash transactions, an invoice or receipt will not normally be issued, but may be requested. All fees are payable immediately and before issue of images / goods.
Please make all payments to Bob Greaves Photography, either by cheque posted to 1 Ainsdale Drive, Priorslee, Telford, TF2 9QJ or via BACs to NatWest Account number 61978280 Sort code 60-21-57. If you need it, the Unique Tax Code Reference is 28500 62460.
Invoice payment for commissioned work will be strictly within 30 days of issue. Thereafter, further charges may be made for any additional statement, letter (whether as an email, fax, etc) issued for the recovery of the outstanding debt of not less than £15.50 plus VAT each and all other costs for the recovery of debts including bank charges. A further charge of 5% over Bank of England base rate will be added to the invoice on the first day following that when settlement should have been made. LATE PAYMENT OF COMMERCIAL DEBTS (INTEREST) ACT 1998 will be enforced. Where a Client is a company and whether or not that company has gone into liquidation the individual directors will be responsible for all outstanding fees and costs in relation to the contract.
COPYRIGHT OWNERSHIP AND LICENSING:
In accordance with English law, the copyright in and title to all works belongs to The Photographer.
Images (be they electronic or physical prints) may not be copied, reproduced, manipulated, stored or used as any part of another work without the written permission of the photographer.
No use whatsoever should be made of the images until payment has been made in full and in accordance with the agreed quote. Where use has already been made, including but not limited to submission, publication or reworking, the images will be deemed to have been accepted and full payment will be required without any negotiation.
Where reproduction of images has taken place and settlement has not been made, the Photographer will make such charges to the Client and / or publisher of those images as falls within the Copyright, Designs and Patents Act 1988.
When the License to Use has expired, any physical images must be returned to the Photographer in good condition within 30 days and any archived digital files destroyed. Title to any materials used in producing the images is not transferred to the Client upon payment of the invoice.
The License to Use comes into effect from the date of the assignment. This Licence to Use will automatically be revoked if full payment is not made by the due date of the invoice or if the Client is put into receivership or liquidation. Where restricted in the agreement, permission to use the images for other purposes will normally be granted upon payment of a further fee to be mutually agreed. A written agreement must be reached with the Photographer before the images may be used for any other purposes. Where use of images is made which breach the Licence to Use, further charges will be made. Any reproduction rights granted are by way of licence only and no partial or other assignment of copyright shall be implied. On the Client’s death or bankruptcy or (if the Client is a Company) in the event of a Resolution, Petition or Order for winding-up being made against it, or if a Receiver or an administration is appointed, any licence granted shall immediately cease.
Unless agreed to in writing on the License to Use, no exclusivity is given or implied to The The Client. The Photographer retains the right in all cases to use or sell the Photographs. Exclusivity will not be unreasonably witheld but only on written agreement with the Photographer before work commences.
Supply of images by the Client for use by third parties must be expressly agreed beforehand.
Save for the purposes of production for the licensed use(s), the images may not be stored or archived in any form 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 written permission of the Photographer. Digital data is stored by The Photographer on the understanding that the Photographer is not responsible for the future integrity of that data, or of any failure to retrieve data from the Photographer’s archive.
The Photographer retains the right to reproduce any work without restriction for the purposes of self promotion.
Occasionally, a model or property release form will have to be completed (see Resources page). The Photographer reserves the right to withold payment if such a form is not completed on request.
RETENTION OF IMAGES:
All original images from a shoot will be retained for a period of at least one month from the date of that shoot. Note that after this period, all images except the edited ones supplied to the client may be permanently and irrevocably deleted. If you wish to enquire about alternative shots, or have a need to re-work an original file, please make contact ASAP within this period.
Where images are supplied to the client via an online gallery, they will remain in place for at least three months from the date of the shoot. After this, they may be deleted from the server. It is in your own interest to download and securely store the images yourself ASAP.
I will always endeavour to provide customers with the best possible level of service. However, if problems arise and you are dissatisfied in any way with the service you have received or the finished product I have provided, you must notify me within 3 days of receipt / completion, so attempts can be made to rectify the issue.
Any resolution will be mutually agreed between Photographer and Client on a case-by-case basis, but in any case restitution will be limited to one of the following:
- attendance and re-shooting of new images.
- re-editing existing images free of charge.
- the supply of replacement goods (in the case of prints, albums, etc.)
- the refund of monies already paid.
- the rendering null and void of the assignment (ie: no images provided or licenced for your use and in return, no invoice submitted).
CLIENT CONFIDENTIALITY AND PRIVACY:
The Photographer will keep confidential and will not disclose to any third parties or make use of information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission or in law.
Bob Greaves Photography is committed to ensuring that your privacy is protected. Should you provide me with certain information by which you can be identified, then you can be assured that it will only be used in accordance with this privacy statement.
I may collect the following information:
• You, your company or organisation’s name, address and phone number
• Contact information including email address and phone number(s)
• Demographic information such as post code, preferences and interests
• Other information relevant to customer requirements and billing
I require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
• Internal record keeping and the processing of payments.
• To improve my products and services.
• I may periodically send promotional email or telephone you about new products or services, or for my internal marketing or market research.
• To maintain records for tax purposes, or as otherwise required by law.
• To customise my website according to your interests.
• To create image captions.
If you are not happy for me to make unsolicited approaches to you, please email me.
I am committed to ensuring that your private information is secure, so it will not be stored online.
I will not pass-on your personal information to third parties without your permission unless I am compelled to do so by law.
You may request details of personal information which I hold about you under the UK Data Protection Act 1998. If you would like a copy of the information held on you or if you believe that any information I am holding on you is incorrect or incomplete, please contact me. I will promptly correct any information found to be incorrect.
I may use your company name and a selection of carefully chosen images on our Clients website page, or in marketing materials, as a means of self promotion and to provide examples of past work to new clients. If you do not want me to do this, please notify me in writing.
It is the Client’s responsibility to ensure that all necessary rights, model releases, clearances or consents which may be required for reproduction of people, places or items depicted within any images are obtained. It is acknowledged that the Photographer gives no warranty or undertaking that any such rights, releases or consents are or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any picture. The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed in writing before the shoot. In all other cases The Client shall indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances. The Photographer will not be liable for any loss or damage, for any consequential loss of profit or income however caused including negligence by the Photographer or his assignees and it is the Client’s responsibility to insure against such loss or damage.
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or artistic interpretation.
CANCELLATION & POSTPONEMENT:
A booking is considered firm as from the date of confirmation (verbally or written) and accordingly the Photographer will at his discretion, charge a fee for cancellation or postponement according to the following scale…
- More than one month notice of cancellation: = 20% of the assignment fee.
- More than one week notice of cancellation = 35% of the assignment fee.
- Less than one week notice of cancellation = 50% of the assignment fee.
- 24-48hr notice of cancellation = 75% of the assignment fee.
- Cancellation on the day, or on actual attendance = 100% of the assignment fee.
This agreement shall be governed by the Laws of England & Wales.
---------------------------------- October 2015 ----------------------------------