By booking ANY form of photographic service it is assumed that you automatically agree to the Term and Conditions below.
Please be aware, that ALL PHOTOGRAPHS produced by Paul Saxby Photography are the sole property of Paul Saxby Photography and may not be duplicated or reproduced in any form. Legal action will be taken against any persons found to be in contravention of these Terms and Conditions.
By booking any form of photographic service, you agree to allow the photographs to be used in any form of advertising or promotional activity by Paul Saxby Photography. You also agree that you are not entitled to any form of payment for the use of that image.
Terms of Business – Commercial Photography
TERMS AND CONDITIONS
1. DEFINITIONS
For the purposeof this agreement “the Agency” and “the Advertiser” shall where the context so admits include their respective assignees, sub-licensees and successors in title. In cases where the Photographer’s client is a direct client (i.e. with no agency or intermediary), all references in this agreement to both “the Agency” and “the Advertiser” shall be interpreted as references to the Photographer’s client. “Photographs” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.
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 Agency is put into receivership or liquidation. The Licence only applies to the advertiser and product as stated on the front of the form 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 eg use in relation to another product or sublicensing through a photolibrary. Permission to use the Photographs for 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 Agency and Advertiser 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 the Photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his/her work. After the exclusivity period indicated in the Licence to Use the Photographer shall be entitled to use the Photographs for any purposes.
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/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.
7. INDEMNITY
The Photographer agrees to indemnify the Agency and the Advertiser against all expenses, damages, claims and legal costs arising out of any failure by the Photographer to obtain any clearances for which he/she 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 Agency shall be responsible for obtaining such clearances and will 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 Agency will be expected for the commissioned work within 30 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days The Photographer reserves the right to charge 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.
9. EXPENSES
Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Agency or the Advertiser, or otherwise at their request, the Agency 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 shown overleaf 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 & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a fee for cancellation or postponement.
12. RIGHT TO A CREDIT
If the box on the estimate and the licence marked “Right to a Credit” has been ticked the Photographer’s name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). By ticking the box overleaf the Photographer also asserts his/her statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
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 & Wales
15. VARIATION
These Terms and Conditions shall not be varied except by agreement in writing.
Terms of Business – Wedding Photography
What follows is a Summary of the Terms and Conditions contained within the
contract both parties will sign.
Terms and conditions
It is agreed that this contract will govern terms and conditions on which the
Photographers will take images of the Clients wedding (details of which are attached)
and it is agreed for the sake of certainty that this contract together with any written
representations made by the Photographers set out the total contract made between
the parties. No variation or modification of this contract shall be effective unless
agreed by both parties in writing. However this shall not limit the Client’s right to take
action against the Photographers for false or deliberately misleading statements made
verbally by the photographers prior to the signing of this contract.
Booking Fee
A booking fee of 25% of the total agreed fee (‘The Booking Fee’) is charged when the
Client signs this contract. The Booking Fee is non-returnable save where the Client
lawfully terminates the contract or where the Photographers manage to secure an
alternative booking to fill the date vacated by the Client. The Booking Fee is deducted
(in full) from the total price as calculated by totaling fee due and album figures as
detailed in the schedule (‘The Price).
Payment
Following payment of the Booking Fee the remaining balance is due to be paid no later
than 30 days prior to the wedding. Non Payment of the balance by the due date will
make this contract void and the Photographer will be released from his obligation to
photograph the wedding. Should the client wish to retain the services of the
photographer, a subsequent rebooking fee of 10% of the total fee, will be added to the
total bill, which will be due in full at time of rebooking.
Display
The Client hereby allows the Photographers to display any images taken pursuant of
this contract in their studios, portfolios, literature, wedding exhibitions, web sites,
exhibitions, slide shows, competitions and advertising. No use of the images will be
made by the Photographers for other commercial reason except with the written
permission of the Client. For the avoidance of doubt all copyright in the images
are owned absolutely by the Photographer within the provision of the
copyright design and patents act 1988. It is contrary to this act to copy or
allow to be copied photographically, electronically or by any other means any
image created as part of this contract without the express permission of the
Photographers.
Images
All image sizes are nominal. The Photographers will provide a pleasing colour balance
but the Client accepts and agrees the Photographers cannot guarantee exact colour
matching owing to anomalous reflectance caused by a combination of certain dyes
and materials especially in man made fibres and that is sometimes impossible to
record photographically the exact colour seen by the human eye.
Retouching
Retouching, digital manipulation and artiste finishing is available to the client as an
optional extra for an additional price to be agreed.
Reorders
All reorders shall be treated as an extension of this contract and will be charged for at
the Photographers prevailing at the time of reorder. No responsibility for error will be
accepted unless orders are given in writing.
Licence
The Photographers shall be granted artistic licence in relation to the poses
photographed and the locations used. Due to the vagaries of the weather and the
willingness of the subjects it may not be possible to capture all the images requested
by the Client.
Matters Beyond the Parties Control
The due performance or alteration of this contract is subject to alteration or
cancellation by either party owing to any cause beyond their reasonable control.
Limitation of Liability
Neither party shall be liable to the other for any losses that the other suffers as a
result of the breach of the contract unless those losses are a foreseeable consequence
of the breach. The Photographer/s cannot be held liable under this contact where the
Client is unhappy with the composition of any of the photographs where the
Photographer/s has complied with their obligations under clause 7.
Cancellation
The Client may cancel this contract at any time after it has been signed by sending a
written notice to the Photographer/s.
If the Client notifies the Photographer/s more than 120 days before the date of the
wedding is due to take place then the Photographer/s shall reimburse the Client the
whole of the price as is more particularly detailed in clause 10.3.
If the Client notifies the Photographer/s that they wish to cancel the contract at any
time within three months of the date of the wedding then the amount of the price that
the Photographers shall be entitled to shall be calculated in accordance with the table
below (detailing the amount the Photographer/s is entitled to).
1. 0-7 days = 100%
2. 8-14 days = 95%
3. 15-20 days = 90%
4. 30-60 days = 80%
5. 60-120 days = 50%
6. More than 120 days = 0%
In the event of a cancellation of this contract all Booking Fees paid are non-
refundable.
Digital Files
Digital files remain the property of the Photographer/s. Duplicates of the finished
digital files may be purchased, at the current rate, as an extension to the original
contract. Copyright of these images remains with the Photographer and they
may not be used for commercial purposes, in any form, printed or published
on the internet without the express permission of the photographer.
Prices
All prices fully include V.A.T. (If applicable)
Complaints
The Client shall notify the Photographer/s in writing within 21 days of receipt of the
final form images. If they have a complaint regarding an issue which would be obvious
within the 21 day period or otherwise as soon as possible after the issue giving rise to
the complaint has become apparent, setting out the nature of the complaint in
sufficient details so as to make it clear to the Photographer/s the nature and reason
for the complaint.
Terms and Conditions regarding the use of Portrait Vouchers.
1) The voucher must be registered with Paul Saxby Photography within 28 days of issue.
2) When registering the voucher, the recipient will be expected to book a date and time for the photo shoot to be held no later than 3 months after the voucher is registered.
3) When registering the voucher, the recipient will be expected to pay a refundable booking fee of £25. This fee will be refunded to them at the viewing, or credited against any purchase that they choose to make at the time of the viewing. This is to show a commitment to show up for the photo session and viewing. The £25 will not be refunded if the recipient does not show up for either the photo session or the viewing without giving at least 24 hours notice of the cancellation. The recipient will only get one further chance to rebook. If they do not show up for the second photo session or viewing they will lose the £25 booking fee and the right to use the voucher.
4) The voucher may not be used in conjunction with any other offer.
5) The voucher may be used for portrait photography at Paul Saxby Photography including family portrait, baby portraits or lifestyle portraits. It may not be used for any commercial photography, including Corporate Headshots or Model Portfolios, or for wedding photography.
