Term and Conditions
Please read carefully and sign
By signing below you, certify that you are at least 18 years of age. You have read this agreement/contract and fully understand the contents thereof. You agree that you have the legal authority to grant these permissions and accept all responsibility for such.
1.1 - All terms listed above and in this agreement apply in both the singular and plural, and in the past, present and future for grammatical purposes.
1.2 - The photographer's entire liability for any breach of this Agreement or any representation, act or omission (including negligence) shall be limited to the amount paid by the client in relation to the Photo Services and the photographer shall not be responsible for any special, indirect or consequential or pure economic loss, costs, damages, charges or expenses. The Client agrees to release the Photographer from any claims for remuneration associated with any form of damage, foreseen or unforeseen, associated with the (including unforeseen circumstances (see 1.4) usage of the images by any by themselves or by any 3rd Party.
1.4 – Although every effort will be made to fulfil the requirements of the Client, there are some unavoidable circumstances such as ill health, safety, travel disruption, or non compliance by a 3rd party or other that may hinder / stop the Photographer attending (fully or partly), or being able to fulfil the requirements of Client. In these circumstances, the Client agrees to release the Photographer from any claims for remuneration by himself or herself or by any 3rd Party.
PAYMENT AND DEPOSIT
2.1 - Payment must be made within the payment period shown on the invoice.
2.2 - The Photographer reserves the right to charge interest on overdue accounts of 5% above the Bank of England base rate, and where necessary, to pass on to the client any costs involved in the recovery of a debt.
2.3 - A non-refundable deposit is due upon booking in order to reserve the photography session. The deposit paid shall be lost if the client cancels or re-schedules the booking date .
3.1 - The Client understands that the image/s will be used by the Photographer to promote his business/s via any medium.
3.2 - The Client has agreed with any Model/s that the Photographer may use the image/s as detailed in the above condition (3.1).
3.3 - It is the Client who must satisfy himself/herself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that the photographer gives no warranty or undertaking that any such rights, model releases or consents have 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 image. In the event that the image is issued or reproduced by or with the authority of the Client then the Client shall indemnify the photographer against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained .
3.4 - If the client and or model/s are not on time and/ or the place for the photography having photography restrictions ,the photographer shall have no liability to undertake this agreement but the Client
3.5 - The photographer will edit take and deliver what he/she considers to be the best of every situation and the client/model has no right to reject on the basis of style, composition or editing
4.1 - As per English Law, the Copyright remains with the Photographer.
4.2 - No unauthorised use of the images is permitted
5 - The license that is granted with the supply of the images related to this commission is that:
5.1 - The client has the permission to use the images in any lawful way to promote his or her business/s and / or for personal use.
5.2 - The images cannot be sold, to any third party without a written permission of the Photographer.
5.3 - There is no time limit imposed on this agreement.
In this Form, the words: “Photographer” means The Legal Person trading as UNCLEPRESS or any person authorised by or acting on his behalf.“ Client” means the person / business / organisation who has commissioned the Photographer whether it is for themselves, or on behalf of another person, business, or organisation. “Model” means the person being photographed, whether or not modelling is their profession, and whether or not they are being rewarded in some way for their time. “Image” means a photograph or design captured or created by any method i.e. film, digital etc. Also, any image produced from that original photograph or design by any means including retouching, manipulation of the image to alter it etc. The image can be in any format I.e. film, digital or print (both photographic, printout from desktop printers, or any photomechanical printing). “Medium” means the method by which the images can be shown / displayed / output i.e. online, digital media, email, printed material etc. “Licence” is the agreement about what the client can and cannot do with the images supplied by the Photographer, and how the client can use them. “Item” means any item/s supplied by the client or any 3rd party on behalf of the client, to the photographer to be photographed, or used in the creation of an image. “sell” means the exchange of the images between the Client and third parties for monies, or any other commodity or service.