Terms & Conditions
"The Photographer" means Phileas Photography, Crewe. "The Client" means any person, body of persons, firm or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.
2. Acceptance of Terms and Conditions
All contracts and transactions between the Photographer and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Photographer and all or any of its Clients.
3. Copyright and Ownership
In accordance with the Copyright, Designs & Patents Act 1988, the copyright of all images created by the Photographer is owned by the Photographer. Unless the Photographer gives written authorisation, the Client is forbidden by law to copy any images created by the photographer and agrees that all photographic reprints, digital duplications or copies of any type made from images created by the Photographer shall only be carried out by the Photographer. The licence to reproduce such images is granted to the Client on the understanding that all invoices are paid within the Photographer's stated payment terms.
Reproduction rights (if and when granted) are strictly limited to the use specified on the Photographer's invoice and/or quotation. An agreement must be reached with the Photographer before the pictures are used for a different purpose. The Photographer reserves the right to charge an additional fee if the photographs are used for purposes other than what is shown on the Photographers invoice and/or quotation.
If the Client wishes to own the copyright of images created by the Photographer, an additional fee will be paid by the Client to the Photographer for transferring the copyright. This fee will be mutually agreed by both parties. The transfer of copyright will only become applicable after this payment has been made in full.
On instances where the Client requests copies from media that they have supplied, all work is undertaken on the assumption that the Client has obtained written permission from the legal copyright holder for copies to be made. The Photographer may contact the copyright holder of the said image to confirm that authorisation to copy the image has been given. The Client agrees to fully indemnify the Photographer in respect of any claims or damages or any costs arising in respect of claims for copyright violation made by a third party.
All original digital files created by the Photographer remain the property of the Photographer. The Photographer will ensure that all such materials are stored safely for the Client and make them available for future reproduction in return for the relevant fee.
The Photographer reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes.
4. Cancellation Fees / Overruns
If a booking is cancelled by the Client within one working day of the starting time, the Photographer reserves the right to charge the full fee for the assignment. If a booking is cancelled within ten working days of the starting time, the Photographer may charge 50% of the fee.
For cancellations/postponements due to weather conditions, the Photographer reserves the right to charge his full fee and expenses due to weather conditions on location. In such instances, the Photographer may charge in full for his expenses (e.g. including but not limited to; hire of specialist equipment, vehicles etc), that he may have incurred prior or during the assignment taking place.
5. Damage to Supplied Equipment
When the photographer is required to supply equipment with regards to any commission then the client is responsible for the behaviour of their guests using said equipment. This applies whether the photographer is present or not.
Any damage to provided equipment is to be repaired at the client’s expense, and the client will also be responsible for any loss of earnings whilst repairs are undertaken.
6. Equipment Supplied By The Client
If the client wishes to provide their own equipment for the photographer to use, the client is solely responsible for the health and safety aspects in regards to the photographer using them. The photographer reserves the right to refuse the equipment supplied if they find it unsuitable and/or unfit for use.
Any images taken on equipment supplied by the client remains under the ownership of the photographer (see clause 3) and must be transferred in full to the photographer within 48 hours of the assignment. The client is not authorised to use the images until payment on the invoice is made in full.
7. Obtaining Permission
Where an assignment involves a child/children under the age of 18, parental permission must be obtained by the client prior to the assignment taking place.
Where an assignment involves a private group, it is the responsibility of the client to inform their guests of the presence of the photographer.
Where an assignment involves the general public, the photographer will make reasonable attempts to obtain permission, or parental permission from the accompanying parent/guardian for posed photographs. It remains the responsibility of the client to inform the public of the photographer's presence.
Clients must inform the photographer of any person who has refused permission and accepts responsibility for not doing so.
8. Studio Photography
Photography involving a studio, must be arranged for a predetermined date and time. A deposit must be paid before the day of the photo shoot and once paid, is non refundable, should the client wish to cancel.
The client booking a photo shoot must be over 18 years old and will be asked to prove date of birth with suitable ID if they appear to look under 25 years old. The photographer reserves the right to refuse to take photos if there is doubt of client’s age.
The client can bring under 18s along to have their photo taken and must remain present at all times.
It is the photographer’s responsibility to act respectfully towards the images taken of the client and reserves the right to refuse to take any particular requested poses, which include but are not limited to nudity.
9. Payment Terms
Payment of the Photographer's invoice must be made within 28 days of the date of that invoice. The Photographer reserves the right to withdraw services without notice should the Client fail to pay the Photographer's invoice(s) within 28 days.
10. Retention of Title
The Photographer reserves the right to retain all of the Clients materials in his possession until all monies owed to the Photographer have been paid in full. Furthermore, the licence to reproduce images created by the Photographer will also be revoked until payment has been made.
11. Fees and Expenses
All prices quoted to the Client apply only to the original job description and specifications given to the Photographer by the Client. The Photographer reserves the right to make additional charges for fees and expenses should these descriptions or specifications differ or change before or during the assignment. Wherever possible, the Photographer shall endeavour to provide an indication of what these additional charges will be.
The Client shall ensure that there is an authorised representative present at the assignment to ensure the correctness of the Photographer's interpretation of the Clients brief. In the event of no Client representation, the Photographer's interpretation of the brief shall be deemed as correct.
13. Delivery Shortages / Loss and Damage in Transit
Claims for damage, non-delivery or shortages will not be considered unless notified in writing within seven days of delivery.
The Photographer will make reasonable endeavours to ensure that items delivered by a third party are suitably packaged for transit. The Photographer cannot accept liability for loss or damage caused by a third party. For valuable items, the Client should take out suitable insurance cover. Upon written request, the Photographer will provide suitable loss/damage cover for an additional charge.
Clients who choose to have items returned to them without loss/damage cover do so at their own risk.
The Photographer acknowledges that in the performances of the services, they may receive information from the Client which is designated by the Client as confidential. Upon request from the Client, the Photographer agrees to keep this information secret and not to disclose such information to other parties except as required by law.
The Client shall be responsible for the behaviour of any persons accompanying them to an assignment. The Photographer reserves the right to terminate any assignment without notice if he deems the Clients behaviour to be unruly or unsafe. In such instances, the Photographer reserves the right to charge his full fees and expenses as described in clause 4 of these Terms and Conditions. The Client will fully reimburse the Photographer or his agents for any loss/damage they cause to property or equipment.
The Client agrees that in all dealings with the Photographer, the Photographer's liability will be limited to the following sum:
Public Liability Cover: £2,000,000
17. Delivery of Products and Services
17. Delivery of Products and Services
The supply of products and services are provided by the Photographer on a best endeavours basis. The Photographer will not be liable for delays that are beyond his reasonable control. The Photographer shall use reasonable endeavours to meet agreed deadlines where applicable. The Photographer shall not be liable for any delays in meeting any of his obligations which were due to causes beyond his reasonable control including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit etc.
18. Prices & Terms
The Photographer reserves the right to amend both Prices and these Terms and Conditions without prior notice.
19. Rush Services
The Photographer reserves the right make an additional charge should the Client request a rush service. This service is subject to availability and cannot be guaranteed.
20. Images/Data Supplied in Electronic Format
For all images/data supplied to the Client in electronic format (including but not limited to electronic mail, CD's/DVD's etc), The Photographer will endeavour to ensure that the data sent is not corrupt and is virus-free before despatch. The Photographer cannot be held responsible for any damage, disruption and/or loss of any kind that the said media may cause to the Clients computer or data. The Client agrees to take similar steps to ensure that data sent to the Photographer is not corrupt and/or virus-free.
This Agreement shall be subject to and constructed according to English Law and the parties agree to accept the exclusive direction of the Courts of England.