These terms and conditions constitute a contract between both parties: Photographer and Client, for Photography Services on the date and at the location agreed between parties. Ticking the agreement box on the booking form constitutes a digital signature.
For the purpose of these Terms and Conditions the following definitions will apply:
1.1 Photographer refers to trading name of Brand Photo Co. (subsidiary of Polly Rusyn Photography).
1.2 Client is the person, or organization, to whom the invoice is addressed (whether or not the Client is acting for a third party) or any customer purchasing photography services.
1.3 Photography Services means all services including the photoshoot, editing, retouching and delivery of photographs.
1.4 Photographs means all photographic material supplied by the Photographer, this includes transparencies, negatives, prints, digital files, digital scan, digital image, design, artwork, montage or any other item that may be supplied for the purposes of reproduction.
1.5 Reproduction includes any form of publication or copying of the whole or part of any Photographs and whether or not altered by printing, photography, projection (whether or not to an audience) scanning, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means.
2.1 The entire copyright of the Photographs is retained by the Photographer at all times throughout the world.
2.2 The Photographer supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those photographs in a given context. No property or copyright in any photographs shall pass to the Client whether on its submission, or on the Photographer’s grant of reproduction rights in respect thereof.
2.3 Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.
3. Ownership of Materials
3.1 Title to all Photographs remains the property of the Photographer.
4.1 Regarding the images delivered, as digital files or otherwise, Client’s rights are limited to personal use. Photographs may not be sold or used in advertising unless otherwise specified by the Photographer.
4.2 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 express permission of the Photographer. Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Client is put into receivership or liquidation.
4.3 Reproduction rights granted are personal to the Client and may not be assigned, nor may any Photographs submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights.
4.4 The Photographer reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.
4.5 Reproduction rights are not issued exclusively to the Client except when specified on the invoice.
4.6 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.
4.7 Unless otherwise agreed in writing, all further licences in respect of the Photographs will be subject to these Terms & Conditions.
4.8 Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer.
5. Client Confidentiality
5.1 The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to them in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out their obligations in relation to the commission.
6.1 While the Photographer takes all reasonable care in the performance of this agreement generally, they shall not be liable for any loss or damage suffered by the Client or by any third party arising from use or reproduction of any image or its caption.
6.2 Client hereby agrees to indemnify, release, discharge and hold harmless the Photographer, its heirs, legal representatives, assigns, employees or any persons or corporations acting under permission or authority of the Photographer from and against any liability or claims arising as a result of any work done related to this agreement. This includes, but is not limited to claims related to the use of the likenesses of anyone captured in the images or any distortion, blurring or alteration that may occur or be produced in the taking, processing or reproduction of the photographs.
6.3 It is the Client who must satisfy himself 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 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.
6.4 Although all care will be taken with these photography services and the digital photographs taken, the Photographer limits any liability for loss, injury, death, inability to perform the photography services for any reason, failure to deliver images for any reason or any other types of damages to the return of all payments already paid to the Photographer up to amount of the total booking fee.
7.1 For photography services booked more the 14 days in advance of the photoshoot date: Payment terms are strictly 7 days from date of invoice by automated credit transfer (BACS). BACS details will be supplied on the invoice.
7.1.1 For photography services booked less than 14 days in advance of the photoshoot date: Payment terms are due on the date of invoice by automated credit transfer (BACS). BACS details will be supplied on the invoice.
7.2 If payment is not made in accordance with (7.1 or 1.1.1) above then the Photographer may rescind this Agreement and recover damages, or, at their option, may exercise their statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998.
7.3 If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 30 days from the issue date, and that the Photographer may consider these invoices as overdue when pursuing legal action for the recovery of said debts.
7.4 A fee of £10.00 may be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursual of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.
7.5 The Photographer reserves the right to suspend ongoing services, such as (but not limited to) the Client’s private online gallery or other distribution of Photographs, once any invoice issued to a Client becomes overdue, and also reserves the right to inform the reason of this to third parties to whom this suspension of service affects.
7.6 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 is appointed, the Photographer may at any time thereafter inspect any records, accounts and books relating to the reproduction of their Photographs to ensure that the photographs are being used only in accordance with the reproduction rights granted to the Client.
8.1 Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise at their request, the Client shall give approval to and be liable to pay such extra expenses or fees at the Photographer’s normal rate in addition to the expenses shown on the Estimate form as having been agreed or estimated.
9.1 Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing. The Photographer’s style is clearly demonstrated on the Photographer’s website.
10. Cancellation & Postponement
10.1 Once the Client has made a booking for a specific time and date, the Photographer will not accept any other work from other clients for those times and dates.
10.2 As a result, once a booking is made, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule: When a client cancels more than 14 days prior to the booked date: 100% refund. Less than 14 days prior to the Photo Shoot: 50% refund. 48-24 hours before: 25% refund. 24-0 hours before: 0% refund. Leaving or curtailing shoot that has begun, for any reason, will not result in any refund.
10.3 In the case of postponement / reschedule of the photoshoot: When a client postpones more than 14 days prior to the booked date: no fee. Less than 14 days prior to the Photo Shoot: 10% rebooking fee. 48-24 hours before: 25% rebooking fee. 24-0 hours before: 50% rebooking fee.
10.4 Should the photoshoot need to be postponed due to poor weather (for an outdoor shoot) there is no fee, but postponement must be agreed the day before.
10.5 Cooling off period: You are entitled to a 14 day cooling off period. Cancellation of the booking must be made in writing via email within this period in order to guarantee a full refund.
11. Right to Credit
11.1 In respect to all editorial uses the licence to use requires that the photographers name ‘Brand Photo Co.’ will be printed on or in reasonable proximity to all published reproductions of the photographs. The Photographer asserts their statutory right to be identified as the author of the work in the circumstances set out in Sections 77 to 79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
11.2 In respect to usage on blogs, social media, websites etc. the Client agrees to credit the Photographer where reasonably possible.
12. Model Release
12.1 The Client grants permission to the Photographer and its assigns, licensees, and sub licensees, permission to use the Client’s image or likeness in any and all forms of media for commercial purposes, advertising, trade, or any and all other uses to promote Brand Photo Co. Therefore, the Photographer may use the Client’s likeness and image on the Photographer’s website or other marketing collateral for the Photographer.
13. Delivery of Photographs
13.1 The Photographer will edit the photographs, discard any unusable files, and narrow down the selection according to their professional judgement. The final edited selection will be lightly retouched and presented to the Client via a private online gallery within 14 days after the shoot.
13.2 All digital files are downloadable as high or low resolution jpg files.
14.1 Save for the purposes of production for the licensed use(s), the Photographs may not be stored in any form of electronic medium, except for the purposes of backup, without the written permission of The Photographer.
14.2 The Client shall ensure that they take appropriate steps to keep safe an exact digital copy of all. Material supplied for the duration of the usage licence. 14.3 The Photographer will not be responsible for archiving any Material beyond the delivery date of the photographs unless by prior written agreement with the Client.
15. Applicable Law
15.1 This Agreement shall be governed by the laws of England & Wales.