TERMS AND CONDITIONS
1 Definitions
“The Photographer” means Event Photography, Heathercliff, Fleck Lane, West Kirby, Wirral CH48 1LB. “The Client” means any person, body of persons, firm or company with whom theh photographer enters into a contract for the sale of goods or provision of services by the photographer.
2. Acceptance of Tems 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 incorporated into any contract between the photographer and all or any of its clients.
3. Booking Confirmation
A booking is not confirmed until the client submits an email of confirmation and the photographer then confirms the booking either in writing, Emails, messages and phone calls expressing the photographers availability and confirmation of booking.
The photographer may require the Client to pay a deposit towards the final invoice. If a deposit is required, a booking is not confirmed until payment is received by the photographer.
The photographer cannot be held liable for any expenses incurred by the cllient when a booking has not been confirmed by the photographer.
The photographer can no be held liable for any expenses incurred by the client when a booking has not been confirmed by the photographer.
4. 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 reproductions or copies of any type made from images created by the photographer shall only be carried out by the photographer. The licence to reproduce the such images is granted to the client on the understanding that all invoices are paid within the Photographer’s stated payment Terms.
Reproduction rights are strictly limited to additional prints for family and friends. An agreement must be reached with the photographer before the pictures are used for a different purpose or after the License to use has expired. The photographer reserves the rights to charge an additional sum if the photographs are used for purposes other than for private/ domestic use.
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 copy right. The transfers 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 of the said image. The photographer may contact the copyright holder of the said image to confirm that authorisation has been give to copy the image. The Client agrees to fully indemnify the Photographer in respect of any claims or the damages or any costs arising In respect of claims to copyright violation and by a third party.
All original digital files created by the photographer remains the property of the photographer.
5) Exclusivity
If a booking is made where the photographer is said to be paid solely by monies received at an event from the sale of photographs, or where the Client is to be paid a commission/ pitch fee/ stand fee, the photographer reserves the right to have exclusive photography rights for the assignment. This includes photographs either being offered for sale or free of charge, at the event or via a website afterwards.
If any other event photography company is present without prior written agreement with the Photographer, the Photographer reserves the rights to invoice the Client for any loss of earnings incurred.
6) Commission Payments
Any commission payment / pitch fee/ stand fee agreed in advance is based upon information provided by the Client. The Photographer reserves the right to reduce payment on a pro rata basis if that information is deemed to be incorrect. Any payment will not be due until after the event has taken place.
7) Cancellation Fees
If a booking is cancelled by a 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 10 working days of the starting time, the photographer may charge 50% of the full fee. If the event is non fee based, revenue based on Sales on the Day. Cancellation will be a straight fee of £300 if within 10 days of the event.
For outside bookings where no indoor option is available, and is cancelled/ postponed due to weather conditions, the photographer will make no charge to the Client if reasonable notice of the cancellation/ postponement is given by the client. The Photographer reserves the right to charge in full for expenses (eg including but not limited to ; hire of specialist equipment, wehicles etc) that may have been incurred prior or during the assignment taking place.
In the event of a photographer being unable to fulfill a booking due to reasons of his control (eg including but not limited to; illness, vehicle breakdown, cancellation of public transport) the photographer agrees to inform the Client as soon as he becomes aware of the problem. The photographer can not be held liable for any expenses or consequential loss incurred by the Client.
If the Client is not paying an attendance fee to the photographer, the Photographer reserves the right to cancel the booking at any time. When the client is paying an Attendance Fee the Photographer will make all reasonable efforts to make alternative arrangements with the Client with regards to the booking.
8. Payment Terms
For all non – account Clients, payment for all products and services provided by the Photographer must be made 7 days before the assignment.
For authorised account holders, payment of the photographer’ s invoice must be made within 30 Days of the date of the Invoice.
9. Representation:
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 Client’s brief. In the event of no Client representative than the photographer ‘s interpretation of the brief shall be deemed as correct.
10. Confidentiality
The photographer acknowledges that in the performance of the Services, he will receive information and data from the Client which is designated as confidential. The photographer agrees to keep this information confidential and not disclose such information to other parties except as required by the Law. The photographer will also not sell or distribute any images to other parties of images taken of any competing members. Images will be password protected on the website ensuring access is only given to relevant Bodies who are authorised to access the website.
11. Privacy Statement
The photographer will conduct his services observing and maintaining as required the data protection policies of the Contractor: British Gymnastics.
All access to galleries of British Gymnastics events will be password protected.
Images from these events will not be circulated or used for any other advertising or commercial purposes. The images will only be available to sale for families who have access to the event gallery and wish to purchase images of their own family members.
The photographer will do his best efforts to comply and respect any wish by family members not to take photographs of their dependants competing/ participating in a Gymnastics event. However, it may not always be easy to implement. The photographer therefore can not guarantee and therefore can not be held responsible should this fail to occur. The photographer can only endeavour with best efforts to avoid this happening. It is the onus of the parents to review the images after on the website to satisfy themselves that this is indeed the case. This can’t always be guaranteed, but should any images of family members accidentally feature on the website the photographer will ensure they are withdrawn from view on the website on notification from the relative.
