Terms & Conditions

TERMS & CONDITIONS

Chris Bulezuik Photography Ltd is a company registered in England & Wales under company number 16975017 ("the Company" or "the Photographer"). These Terms & Conditions ("Terms") apply to all commissions, bookings and licensed use of photographic material supplied by the Company. By commissioning work or using licensed Photographs, the Client accepts these Terms in full.

1. Definitions

"Client" means the agency, advertiser, brand, company or individual commissioning or licensing the Photographer’s work.

"Photographs" means all photographic material created by the Photographer, whether digital files, prints, transparencies, negatives or any other medium.

"Licence" means the right to reproduce the Photographs for the agreed purposes, media, territories and duration, as confirmed in writing.

1. Fees, Deposits & Payment

2.1 A booking fee of up to 50% of the agreed creative fee may be required upon confirmation of a commission in order to secure the shoot date. The applicable amount will be confirmed in writing. Booking fees are non-refundable except as expressly set out in these Terms.

2.2 For larger productions, the Company reserves the right to require 100% of estimated third-party production costs (including but not limited to stylists, assistants, studios, locations, travel and equipment hire) in advance of the shoot date.

2.3 The balance of all fees is due within 30 days of the invoice date unless otherwise agreed in writing.

2.4 No use of the Photographs is permitted until payment has been received in full and cleared funds confirmed.

2.5 The Company reserves the right to charge statutory interest and recovery costs on late payments in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

2.6 All fees are exclusive of VAT unless stated otherwise. VAT will be charged at the prevailing rate where applicable.

1. Copyright, Ownership & Licensing

3.1 In accordance with the Copyright, Designs and Patents Act 1988, copyright in all images created by the Photographer remains vested in the Photographer unless expressly assigned in writing.

3.2 A Licence to use the Photographs is granted only once all fees have been paid in full. The Licence is strictly limited to the use specified in the quotation, invoice or written agreement.

3.3 Any use beyond the agreed Licence (including additional media, territories, duration or formats) requires prior written consent and may incur additional fees.

3.4 The Company reserves the right to charge additional fees for unauthorised use.

3.5 Credit: Wherever reasonably practicable, images must be credited as "© Chris Bulezuik". The Photographer asserts his moral rights under Sections 77–79 of the Copyright, Designs and Patents Act 1988.

3.6 All original digital files, negatives and working files remain the property of the Photographer.

3.7 The Photographer retains the right to use images created during an assignment for self-promotion, portfolio, website, social media, editorial features, competition entry and marketing purposes.

1. Social Media & Additional Use

4.1 Social media reposting of images already published under a valid Licence is permitted, provided no alteration is made and credit is retained.

4.2 Advertising, paid media, commercial brand marketing or promotional use requires a specific Licence unless expressly included in the original agreement.

4.3 The Licence is limited to the purposes, media, territories and duration agreed in writing.

1. Exclusivity

5.1 Exclusivity applies only where expressly agreed in writing and only within the defined scope of the Licence.

5.2 The Photographer retains the unrestricted right to use the Photographs for self-promotional purposes at all times.

5.3 Upon expiry of any agreed exclusivity period, the Photographer may re-licence the Photographs.

1. Client Responsibilities & Warranties

6.1 The Client warrants that it has obtained or will obtain all necessary permissions, model releases, consents, licences and clearances required for the intended use of the Photographs.

6.2 The Client warrants that the licensed use will not infringe the rights of any third party.

6.3 The Client shall indemnify and hold harmless the Photographer against all claims, damages, costs and liabilities arising from any failure to secure such permissions.

1. Cancellation & Postponement

7.1 In the event of cancellation by the Client:

More than 14 days before the shoot date – no cancellation fee is payable, but all unrecoverable costs and any pre-production time already undertaken shall be reimbursed.

Between 7 and 14 days before the shoot date – 50% of the agreed creative fee plus all unrecoverable production costs is payable.

Within 7 days of the shoot date – 100% of the agreed creative fee plus all unrecoverable production costs is payable.

7.2 Postponements may incur reasonable charges where third-party costs cannot be recovered.

7.3 All cancellations and postponements must be confirmed in writing.

1. Overruns

8.1 Where a shoot exceeds the agreed schedule for reasons attributable to the Client, additional fees may be charged.

8.2 Overtime will be charged at the Company’s prevailing half-day or full-day rate unless otherwise agreed.

8.1 Where a shoot exceeds the agreed schedule for reasons attributable to the Client, additional fees may be charged.

8.2 Overtime will be charged at the Company’s prevailing half-day or full-day rate unless otherwise agreed.

1. Creative Control & Rejection

9.1 Photography is a creative service. The Photographer’s professional judgment regarding style, composition and interpretation is final.

9.2 The Client may not reject Photographs on the basis of artistic preference provided the work is consistent with the agreed brief.

1. Representation at Shoot

10.1 The Client is encouraged to provide a representative on set for approvals.

10.2 If no representative is present, the Photographer’s interpretation of the brief shall be deemed accepted.

1. Confidentiality

The Company shall treat all confidential information supplied by the Client as confidential except where disclosure is required to fulfil the commission.

1. Liability & Indemnity

12.1 The Company’s total liability for any claim arising out of or in connection with the commission, whether in contract, tort (including negligence) or otherwise, shall be limited to the total fees paid by the Client under the relevant invoice.

12.2 The Company shall not be liable for any indirect, consequential or special loss, including but not limited to loss of profit, loss of revenue, loss of business opportunity, loss of anticipated savings or reputational damage.

12.3 The Company shall not be liable for any loss arising from third-party use of the Photographs beyond the scope of the agreed Licence.

12.4 Whilst the Company takes reasonable steps to safeguard digital files, the Company shall not be liable for loss or corruption of digital data caused by events beyond its reasonable control.

12.5 Nothing in these Terms shall exclude or limit liability for death or personal injury caused by negligence, fraud or any other liability which cannot legally be excluded.

12.6 The Client shall indemnify the Company against all claims arising from the use of the Photographs except where caused directly by the Company’s negligence.

1. Alterations

13.1 The Client may not alter, crop, manipulate, apply filters to or otherwise modify the Photographs without prior written approval.

13.2 Unauthorised alteration constitutes a breach of these Terms and may result in revocation of the Licence.

1. Delivery

14.1 The Company will use reasonable endeavours to deliver images within agreed timeframes.

14.2 The Company shall not be liable for delays beyond reasonable control.

1. Termination of Licence

15.1 The Licence may be revoked immediately if the Client breaches these Terms, including non-payment or unauthorised use.

15.2 Upon termination, all use of the Photographs must cease immediately.

1. Force Majeure

The Company shall not be liable for failure to perform obligations due to events beyond reasonable control including illness, accident, equipment failure, transport disruption or other unforeseen circumstances.

1. Governing Law

These Terms are governed by the laws of England & Wales. The parties submit to the exclusive jurisdiction of the courts of England & Wales.

1. Variation

No variation of these Terms shall be effective unless agreed in writing by both parties.