Terms and Conditions: APPLICATION OF TERMS The terms and conditions will: Be applicable for all of the work carried out by the Photographer for the client, this is to include extended and additional licenses. Apply to all procedures carried out before the commission, including: acceptance of estimate and license to use. Furthermore, this includes anything implied by the law, course of dealing and the trade custom. ESTIMATES The photographer will compose an estimate for the job based upon what the client wants. Changes made to the job either before, during or after may cause an increase in the estimate which was originally prepared for the client. The estimates will include the quantity of images supplied, in the License to Use the client will also be able to see what platforms they can put the content on which is included within the estimate. A decision made by the client on what day the shoot will commence will mean an agreement has been made to go ahead with the commission. CONDUCT OF THE SHOOT The shoot date will be decided by both the client and the photographer. The photographer will adhere to what the client has set out by the brief. In a circumstance when the client is not there when the shoot is being conducted, the photographer has the right to interrupted the brief how they see acceptable. OVERTIME AND ANTISOCIAL HOURS A normal day is regarded 9am-6pm with a 1-hour lunch break. If any hours are worked outside of these there will be an additional overtime fee for the photographer, the cost of this will be settled by both the photographer and the client. Again, antisocial hours will be an additional charge and will therefore be negotiated and settled by both the photographer and the client. CANCELLATION OF SHOOT Once a shoot is confirmed in writing the photographer has the right to charge if it is cancelled, this also includes reasoning’s such as unsuitable weather and light. The cancellations fees are: Cancellation on less than 3 working days the charge is: 100% of the agreed estimate. Cancellation on 3-6 working days’ notice the charge is: 75% of the agreed estimate. Cancellation on more than 6 working days’ notice the charge is: 25% of the agreed estimate. ACCEPTANCE AND DELIVERY The content of the shoot will be delivered by the photographer as soon as the images have gone through processing. The images will be edited and in a low resolution format to allow the client to select the images they want as part of the License to Use. Urgent turn around on post-production cannot be guaranteed. The work will be carried out by the photographer as soon as possible. The client will receive the images via wetransfer.com STORAGE OF MATERIAL The photographer has no responsibility to have a backup copy of the work produced for the client after the client has received the material. The material produced for the client cannot be passed on to a third party. COPYRIGHT AND USAGE LICENCES The copyright and ownership of the material created for the client is retained by the photographer. It is down to the client to tell any third parties the extent of the terms and conditions including the copyright and license to use. Once payment is made, only then the images can be used by the client. ADDITIONAL AND EXTENDED USAGE Extended use of the material created for client must be agreed by the photographer and a conclusion over additional pay must be agreed for by both the photographer and the client. The client fully understands that the original estimate for the work does not include payment for the additional use by third parties. Any additional use of the materials will result in an additional fee and if this isn’t met then there will be the possibility of a court case. THIRD PARTY RIGHTS The work which is produced by the creator, has all rights to the material. If the model requires the imagery created it is down to the photographer to reward the model with the content. CREDITS There must be credit given to the photographer when distributing the work, the name must be printed alongside the content. PAYMENTS The invoice given to the client must be paid in full 30 days of the date the invoice is issued. In regards to late payments the photographer has the right to follow the Commercial Debts (Interest) Act 1998. This will be in effect from the date the payment should’ve been made to the date it is paid. All payments to the photographer are to be made in pounds sterling. EXPENSES A 10% contingency is put in to allow flexibility to the budge. In the estimate for the work which will be carried out the VAT is excluded. The photographer will do everything in their power to make sure that the estimate of the work is met. Receipts can be requested upon request. EXTENT OF LIABILITY If any loss is occurred of profit, contracts, business or revenue the photographer is not responsible. This also goes on to include damage and expenses. The photographer has a duty of care which will be followed whilst conducting the work therefore it does not exclude the photographer from personal injury or death due to negligence. CONFIDENTIALITY The photographer has a duty to contain any information about the work and material produced for the client until the work goes live. It is the client’s duty to give the photographer a publishing date. The photographer is not responsible if a third party included within the work breaches these terms. TERMINATION The right for termination can be made by both the client or the photographer if a breach is made to the terms and is not rectified within 30 days of written notice. If a bankruptcy occurs on either parties, then they have the right to terminate the contract. GENERAL The work cannot be sub-contracted to another party under these terms and conditions. Once the agreement is signed for carrying out the work the client and photographer are bound to this agreement. Notice for anything mentioned in the terms and conditions can either be given by: Being delivered by either the client or photographer personally, pre-paid post which will be automatically presumed delivered after 48 hours or via email . These terms and conditions are solely for the photographer and do not adhere to any third parties selected to carry out the work (Rights of Third Parties Act 1999).