Definitions - "Photographer" meaning Chris Bulezuik, 4 Powis Road, Brighton, East Sussex BN1 3HJ (Trading address). "Client"meaning any person, body of persons, firm or Company with whom Photographer enters into a contract for the sale of goods or provision of services by Photographer.
Acceptance of Terms and Conditions - All contracts and transactions between Photographer and 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 Photographer and all or any of its Clients.
Copyright and Ownership - In accordance with the Copyright, Designs & Patents Act 1988, the copyright of all images created by Photographer is owned by Photographer. Unless Photographer gives written authorisation, the Client is forbidden by law to copy any images created by Photographer and agrees that all photographic reprints, digital duplications or copies of any type made from images created by Photographer shall only be carried out by Photographer. The licence to reproduce such images is granted to the Client on the understanding that the license is only granted once all payments are made in full.
Reproduction rights are strictly limited to the use specified on Photographer's invoice and/or quotation. An agreement must be reached with Photographer before the images are used for a different purpose orafter the licence to use has expired. Photographer reserves the right to charge an additional fee if the images are used for purposes other than what is shownon Photographers invoice and/or quotation.
The license to reproduce requires that Photographer ‘(C) Chris Bulezuik Photography’ will be credited on or in reasonable proximity to all published reproductions of the images. Photographer also asserts his statutory and moral right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
If Client wishes to own the copyright of images created by Photographer, an additional fee will be paid by Client to Photographer for transferring the copyright. The transfer of copyright will only become applicable after this payment has been made in full.
All original negatives, transparencies and digital files created by Photographer remain the property of the Photographer.
Photographer reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes.
Rejection - Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing. Photographer will use best endeavours to follow any guidelines provided by Client in writing, prior to commencement of the assignment.
Cancellation Fees / Overruns - A booking is considered firm from the date of confirmation and accordingly, if a booking is cancelled by Client within two working days of the starting time, Photographer reserves the right to charge his full fee for the assignment. If a booking is cancelled within five working days of the starting time, Photographer may charge 50% of his 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 the event of any cancellation/postponement, Photographer may charge in full for expenses (e.g. including but not limitedto; travel arrangements, location/studio fees, hire of specialistequipment, props, model fees etc), that Photographer may have incurred (or committed to) prior to the cancellation/postponement.
Photographer may make additional charges should an assignment overrun due to circumstances beyond the control of Photographer (e.g. including but not limited to; Client requesting additional photographs over and above Client's original brief etc).
Payment Terms - Payment for all products and services provided by Photographer must be made upon completion of the assignment, or as stated on the Invoice, whichever is the later.
The photographer reserves the right to charge interest on all overdue invoices at a rate of 3% per month above NatWest bank's unsecured overdraft rate until said invoices have been paid in full.
Any or all fees or expenses incurred by Photographer in chasing payment of overdue invoices shall be borne by Client.
Changes to Assignment - All prices quoted to Client apply only to the original job description and specifications given to Photographer by Client. 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, Photographer shall endeavour to provide an indication of what these additional charges will be.
Representation - Client shall ensure that there is an authorised representative present at the assignment to ensure the correctness of Photographer's interpretation of Clients brief. In the event of no Client representation, Photographer's interpretation of the brief shall be deemed as correct.
Confidentiality - Photographer acknowledges that in the performances of the services, he may receive information from Client which is designated by Client as confidential. Upon written request from Client, Photographer agrees to keep this information confidential and not to disclose such information to other parties except as required by law or as necessary to complete the assignment.
Delivery of Products andServices - The supply of products and services are provided by Photographer on a best endeavours basis. Photographer will not be liable for delays that are beyond his reasonable control. Photographer shall use reasonable endeavours to meet agreed deadlines where applicable. 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.
Terms- This agreement shall be governed by the Laws of England and Wales. Photographer reserves the right to amend these Terms and Conditions without prior notice.