TERMS AND CONDITIONS
“We” are:
Georgina Little trading as Georgina Little Photography and Issy Joslin trading as Eye for Content (“Photographer” and “Videographer”)
“You” are:
The customer or customers that received the proposal (where more than one person, they shall be jointly and severally liable).
(“Client”)
1. Definitions
In this agreement:
“Assignment” means the project of work, goods and services set out in the proposal.
“Deposit” means the sum paid by the Client at the commencement of the Assignment to secure the date of the delivery of the Services for and at the Shoot, and to allow us to commence work under the Assignment.
“Shoot” means the event where the Services are to be delivered by the Photographer and Videographer.
“Fees” means money paid, or owed to the Photographer and Videographer by the Client for the Goods and Services
“Goods” means any goods supplied to you as part of the Assignment and includes Images.
“Images” are the digital, film, photo or other images in all formats, edited or unedited, that the Photographer creates as part of the Assignment.
“Services” means the photographic and video editing and other services we supply as part of the Assignment
“Terms” means these Terms and Conditions.
2. Price and Payment
2.1. The price for the Assignment is set out in our proposal. There is no VAT. This price includes, shoot planning, attendance at the Assignment and editing of images and videos sent to the Client during and post shoot, by email or in other digital transfer/formats. The price excludes any expenses that will be incurred by the Photographer and Videographer, which will be separately agreed in writing and invoiced.
2.2. A Deposit of 100% of the price shall be paid upon entering this agreement – please refer carefully to Clause 3.
2.3. The price and any expenses shall be the Fees of the Photographer and Videographer.
2.4. In the event that the Client requires any additional post shoot Services to be undertaken (for example, in Photoshop or similar) then additional Fees may be levied which shall be agreed between the parties before any Services are undertaken.
3. Cancellation of Agreement and the Deposit
3.1. Once the Deposit has been paid, the Assignment can be cancelled by either party in writing or by email, subject to the matters set out in this clause.
3.2. If the Photographer and Videographer cancels the Assignment, the Fees paid will be repaid to the Client within 14 days of cancellation, and no further sum or compensation will be payable to the Client by the Photographer arising from such cancellation.
3.3. If the Client cancels the Assignment, the Deposit is forfeited and will not be repayable to the Client under any circumstances. No further Fees shall be paid by the Client.
3.4 If the Client or Photographer/Videographer needs to change the date of the shoot due to unforeseen circumstances the deposit will be carried over to the agreed time and date.
4. Licence of Images to Client
4.1. The Client acknowledges that the Photographer and Videographer owns all right, title and interest in and to the Images and Videos and that the Client has no right to use any of the Images save as set out in the Terms. Fees paid to the Photographer and Videographer includes a fee for the grant of a licence in the terms of this paragraph. The licence arises only after the Client has paid all Fees due under this agreement.
4.2. The licence specifically allows the Client to use Images and Videos on a website, on social media channels, in other digital format or in print form and to share extensively through such channels.
4.3. Where Images and Videos are used in commercial publishing the Client agrees to use all reasonable endeavours to ensure that the Photographer/Videographer is properly credited for the Images by the publication.
4.4. So far as any goodwill is generated by the Client’s use of the Images and Videos it shall accrue to the benefit of the Photographer.
4.5. The Photographer and Videographer reserves the right to make reproductions of Images and Videos created during assignments for marketing, promotional and editorial purposes.
5. Licence of “Model” Rights to Photographer
5.1. The Client warrants that they have obtained all model rights and permissions necessary to enable the Photographer/Videographer to carry out the Assignment and now agrees to indemnify the Photographer against any cost or claim by any person arising out of an Image of any person or thing at the Photoshoot.
5.2. The Client agrees that the Photographer/Videographer may use their model rights in the form of Images taken in this Assignment, only to market their business as a photographer.
6. Digital Files
6.1. Where digital files for Images and videos are provided, the Client is responsible for ensuring that the digital files are safely stored upon delivery or collection, and the Photographer/Videographer are under no obligation to store or maintain copies of the digital files or Images for more than 12 months after the Shoot.
7. General Terms
7.1. In order to plan properly and deliver great Goods and Services, the parties agree to comply as far as reasonably possible with the matters set out in Schedule A of the Terms.
7.2. Verbal or email instructions by the Client to proceed will constitute an acceptance in full of these Terms including the price.
7.3. The Photographer and Videographer shall use reasonable endeavours to meet any performance dates, but such dates shall be estimates only post Shoot.
7.4. The Fees will be paid after invoices rendered from time to time. No VAT is applicable. Payment terms are 7 days, and payment is not deemed to have been made until the Fees have been paid in full. If payment is not made in full and within time, the Services may be suspended and payment in advance may be required before the Services are recommenced. The Photographer/Videographer reserves the right to require some or all of the Fees to be paid in advance of the commencement of the Services where applicable and agreed in writing.
7.5. If payment is not made in accordance with the above clauses, the Photographer/Videographer reserves the right to charge an administration fee of £50 plus 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.
7.6. Each party will keep the confidential information of the other party and any third party confidential and secret, and only use it for the purposes of supplying the Services or making proper use of the Services. Each party recognises and accepts its obligations with the regard to the control and the processing of personal data under the current data protection legislation and regulations. For more information on this, please see our Privacy Notice on Our Website www.georginalittlephotography.co.uk/privacy-policy/
7.7. The Photographer will use reasonable care and skill in performing the Services. Where any valid claim in respect of the Services is made (in Contract or in Tort) the Client may be entitled only to a refund of the Fees or part of the Fees.
7.8. The Photographer’s liability in respect of any loss of goodwill, loss of business, loss of profits, loss of anticipated savings, loss of use or for any other consequential, special or indirect loss or damage will be nil.
7.9. Nothing in the Terms will exclude or limit liability for death or serious injury caused by the Photographer’s negligence.
7.10. The Services may be terminated if the payment of the Fees is not made in accordance with the Terms, or if the Client commits a material breach of any of the Terms and fails to remedy the breach within 14 days of being notified in writing, or if the Client enters into any form of insolvency arrangement or suspends their business. Upon termination, the Client shall immediately pay any outstanding sums to the Photographer.
7.11. The Photographer operates a zero-tolerance policy to anti-social or abusive behaviour by the Client, employees, agents or subcontractors
7.12. If the Photographer, or their staff or representatives, are subjected to unacceptable levels of verbal abuse, drunken or lewd behaviour or actual or perceived threats, the Photographer/Videographer shall be entitled to immediately withdraw the Services and leave site without penalty or refund to the Client.
7.13. If the Photographer/Videographer is limited or hindered from providing Services booked by the Client due to circumstances beyond its control eg. government intervention, Acts of God, civil disturbance, war, national or local disaster, strikes, labour disputes, then the liability of the Photographer to the Client shall not exceed the amount paid by the Client for the Services. The Deposit shall be non-refundable, (being an approximation of the value of Services already rendered) and the Photographer shall (where the value of the Services already delivered to the Client is greater than the value of the Deposit) be entitled to be paid additionally for all Services delivered to the Client up to that point. The Photographer shall not be liable for any additional losses incurred by the Client in such circumstances.
7.14. Nothing in the Terms are intended to create a partnership or joint venture between the Photographer, Videographer and the Client, and no party has the right to act as agent for the other or to bind the other party in any way.
7.15. The Terms and any dispute arising from them shall be governed by the laws of England and Wales.
(v.August 2020)
SCHEDULE A
a) PRE-SHOOT CONSULTATION:
There will be a pre-shoot consultation before the agreed date. This consultation can be conducted via email, video-call, phone or face-to-face meeting. The purpose of this meeting is to create a plan for the shoot and the Photographer can accept no liability for missed Images if any information is either not provided or is inaccurate.
b) CO-OPERATION:
Verbal or physical abusive language or behaviour will not be tolerated in any way and will lead to an immediate termination of the Assignment. In these circumstances, there will be no refunds whatsoever paid by the Photographer.
c) YOUR PHOTOGRAPHS:
To create your client gallery, the Photographer will perform a “regular” and basic edit on the Images, to include correcting colour balance, exposure level, adjusting contrast, and cropping to the best of their abilities. Portraits/Headshots can also be treated for blemish removal. This “regular” editing does not include special effects, de-aging or portrait improvements, and such extra work is chargeable per hour as additional Fees.
Once the gallery is received the client will choose 6 images and additional editing, where the Photographer deems necessary will be done, this will include blemish removal and any background objects the photographer deems unnecessary. This “regular” editing does not include special effects, additional de-aging or portrait improvements, and such extra work is chargeable per hour as additional Fees.
There is no guarantee given that any Image can be edited to particular requirements, but the Photographer will use best endeavours to meet any reasonable requests.
The Photographer has artistic license in what Images are produced to the Client and absolute discretion, if Images are not of adequate quality, to refuse to release them to the Client under the license set out in the Terms.
D) YOUR VIDEOS:
To create your social media videos, the videogapher will perform an edit, including copy.
Once the videos are received, the client will choose 3 reels. Any additional changes to copy is chargeable per hour as additional fees.
The videographer has artistic license in what videos are produced to the client and absolute discretion, if videos are not of adequate quality, to refuse to release them to the Client inder the license set out in the Terms.
