PIC852 Photography Terms and Conditions
1. Definitions:
"Photographer" refers to PIC852 Photography, a sole trader business registered under photographer James Mensah in England and Wales.
"Client" is the person, company, or organisation invoiced for the Photographer's services, even if ordering on behalf of someone else.
"Pictures" include photographs, digital images, artwork, paintings, drawings, montages, or other visual works that may be reproduced.
"Reproduction" means copying or reproducing Pictures in whole or in part by any means including printing, photography, digital editing, using as an artist's reference, illustration, electronic storage, or any other means.
2. Copyright
The Photographer retains full worldwide copyright ownership of all Pictures produced under this Agreement. The Client only acquires limited usage rights as specified on the invoice. No full or partial copyright is transferred to the Client. The Photographer asserts the right to be credited as the author of the Pictures under UK copyright law.
3. Usage Rights
Unless stated otherwise on the invoice, the reproduction rights granted to the Client are non-exclusive and non-transferrable. The Pictures may not be altered, edited, or modified in any way without the Photographer's prior written permission.
4. Payment
The Client is required to settle payment in full of the invoice 24 hours before the start of the shoot. In the event the Photographer decides to grant the Client payment of the invoice after the photoshoot, full payment is required within 3 working days after the shoot, before the Client is granted any rights to reproduce or use any Pictures produced. Failure to pay the invoice constitutes unauthorised use and infringement of the Photographer's copyright. Overdue invoices allow the Photographer to charge statutory interest, cancel this Agreement, and pursue legal action to recover damages. The Photographer reserves the right to suspend services and notify third parties if any invoice becomes overdue.
5. Photo Shoot - Fees and Deposits
The total cost of a shoot must be paid in full 24 hours prior to the scheduled start time. To book a shoot date, the Client must pay a minimum £50.00 non-refundable deposit at least 3 working days in advance. If the Client cancels less than 24 hours before the shoot, they will receive a maximum 50% refund of the total cost. If the Client fails to appear for the scheduled shoot, no refund will be provided.
6. Collaborations
In the event the Client and Photographer collaborate on a project without an invoice payment, the Client may only use the resulting Pictures for promotional purposes unless otherwise agreed in writing by the Photographer. For any use of the Pictures, the Client agrees to credit "PIC852 Photography" as the Photographer in any published format, whether digital or print. The Client agrees that the Photographer may use the Pictures taken during collaboration shoots for the Photographer's own promotional use via digital or print methods.
7. Cancellations
If the Client cancels more than 3 working days before the shoot date, they will receive a full refund. For cancellations within 3 working days of the shoot date, partial refunds will be provided based on the notice given by the Client.
8. Client Obligations
For any Pictures containing recognisable models, the Client must obtain model releases authorising the specified usage. The Client agrees to keep confidential any business information shared by the Photographer, including pricing, customer data, business plans, etc.
9. Delivery
The Photographer will deliver or grant access to unedited photos digitally within 3 working days of the shoot, and will deliver final edited Pictures digitally within 5 working days after the Client has informed the Photographer which photos they would like edited or retouched, or other timeline mutually agreed upon. All imaged will be delivered in ‘JPEG’ file format. Any issues must be reported by the Client within 7 days of delivery, or the Pictures will be deemed accepted by the Client.
10. Image Archiving
The Photographer will archive image files for a maximum of 1 year after the shoot date. The Client must request archived images within 3 calendar months from the shoot. The Photographer is not obligated to store images beyond 3 calendar months after initial delivery to the Client. It is the Client's responsibility to securely store the delivered images once received. Once confirmation of receipt has been made by the Client, the Photographer had no further obligation to store the images for longer than 28 calendar days of confirmation.
11. Liability
The Photographer is not liable for any damages or losses arising from the Client's use or reproduction of the Pictures. The Client agrees to indemnify the Photographer against any claims arising from unauthorised use of the Pictures.
12. Governing Law
This Agreement is subject to the laws of England and Wales. Disputes will first be handled by negotiation and then confidential binding arbitration if required.
James Mensah T/A ‘PIC852 Photography’. All Rights Reserved.