Terms and Conditions
1. Definitions
“The Photographer” means Giulia Spadafora of 57 Samuel White Road, Bristol, BS15 3LX.
“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 upon booking.
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. Conduct
The Photographer agrees to conduct themselves professionally.
The Client shall be responsible for the behaviour of any persons or patrons when services carried out are within a private venue open to the public.
The Photographer reserves the right to terminate any booking without notice if they deem the behaviour of the Client or patrons unruly or unsafe. In such instances, the Photographer reserves the right to charge their full fee and expenses as described in clause 4 of these Terms and Conditions. The Client will fully reimburse the Photographer for any loss/damage caused to property or equipment by the Client or patrons.
4. Delivery of Products and Services
Products, Services and deliverables will be outlined to the client by the photographer at the time of booking. 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 their 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 their obligations which were due to causes beyond their reasonable control including but not limited to; delay in client response, 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.
5. 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 booking. Wherever possible, the Photographer shall endeavour to provide an indication of what these additional charges will be.
6. Payment Terms
Payment of the Photographer’s invoice must be made within 14 days from the date of each invoice, unless otherwise specified. The Photographer reserves the right to withdraw account facilities and services without notice should the Client fail to pay the Photographer’s invoice(s) within the agreed terms.
Furthermore, if the Client fails to pay the photographers invoice within 28 days, the photographer reserves to the right to charge a late fee.
7. Cancellation Fees / Overruns
Unless otherwise stated if a booking is cancelled by the Client within 48 hours of the starting time for such booking, the Photographer reserves the right to charge their full fee for the booking. If a booking is cancelled within seven working days of the starting time for Friday and Saturday bookings, the Photographer may charge up to 50% of the agreed fee.
For cancellations/postponements the Photographer reserves the right to charge their expenses. In such instances, the Photographer may charge in full for their expenses (e.g. including but not limited to; hire of specialist equipment, vehicles etc), that they may have incurred in to prepare for the booking.
8. Travel
All travel expenses are quoted at the time of booking and will be mutually agreed by both parties.
9. Rush Services
The Photographer reserves the right to make an additional charge should the Client request a rush service. This service is subject to availability and cannot be guaranteed.
10. Damage to Supplied Equipment
When the Photographer is required to supply equipment with regards to any booking, 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.
11. Retention of Title
The Photographer reserves the right to retain products, and/or all of the Clients materials in his possession until all monies owed to the Photographer have been paid in full. Furthermore, future bookings may be cancelled until payment has been made.
12. Representation
The Client shall ensure that there is an authorised representative present at the booking 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. Clients who choose to have items returned to them without loss/damage cover do so at their own risk.
14. Liability
The Photographer is not responsible for compromised coverage due to causes beyond the control of the Photographer including but not limited to obtrusive guests, lateness of the client or guests, weather conditions, schedule complications, incorrect addresses provided by the Client, rendering of decorations, restrictions of the locations. In these cases The photographer is not held liable for missed coverage and will not be held accountable for failure to deliver images of any individuals or any objects.
The Photographer is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The Photographer shall use reasonable endeavours to compensate for less than ideal backgrounds or lighting conditions.
The photographer owns and secures high quality cameras, equipment, memory cards, and computers to photograph and process media. However, malfunctions can occur through circumstances beyond control. The photographer will not/cannot be held accountable or liable for any images lost or damaged including but not limited to equipment malfunction, natural disasters, technical errors, or computer malfunctions etc. The Photographer will use reasonable endeavours to ensure all equipment is maintained to a high standard and regularly serviced.
Should the Photographer be required to hire and/or supply specialist equipment with regards to any commission then the Client is responsible for the provision of suitable insurance cover for any third party person or persons using such equipment. This applies whether the Photographer is present or not.
The Client agrees that in all dealings with the Photographer, the Photographer’s liability will be limited to the following sums:
Public Liability: Limit of indemnity – £1,000,000.
Professional Indemnity: Limit of indemnity – £100,000.
15. Exclusivity
If any other photography company is present without prior agreement with the Photographer, the Photographer reserves the right to invoice the Client for any loss of earnings incurred. This also includes press and other media photographers. In addition the photographer is not responsible for compromised coverage resulting in non-delivery or shortages of media.
16. Copyright and Ownership
In accordance with the Copyright, Designs & Patents Act 1988, the copyright of all media created by the Photographer is owned by the Photographer. Unless otherwise stated, the licensed reproduction rights allow use of any media created by the Photographer for the client, for promotional purposes on digital and printed media, including social media, website of the client, promotional posts and/or articles published by a third party to the benefit of the client.
Where a client releases media to a third party within the agreed intended purpose, credit to the photographer must be included. Unless the Photographer gives prior written authorisation, the Client is forbidden by law to copy, reproduce, modify or redistribute any media created by the photographer and agrees that all, reproductions, modifications, prints or copies of any type made from media created by the Photographer shall only be carried out by the Photographer. The licence to use such media is granted to the Client on the understanding that all invoices are paid within the Photographer’s stated payment terms.
Any other licensing agreement will have to be outlined at the moment of booking and details included on the Photographer’s invoice for such booking.
An agreement must be reached with the Photographer before any media are used outside of the terms.
The Photographer reserves the right to charge an additional fee if the media are used for purposes other than what is agreed.
In 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 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 unless otherwise agreed.
The Photographer reserves the right to make reproductions of images created during bookings for marketing, promotional, competition and editorial purposes.
17. Confidentiality
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.
18. 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 said media may cause to the Clients computer or data. The Client agrees to ensure that data sent to the Photographer is not corrupt and/or virus-free.
19. Law
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.