1. DEFINITIONS.
(a) “the Agency” and “the Client” shall where the context so admits include their respective assignees, sub-licensees and successor in title. In cases where the Photographer’s Client is a direct client (i.e. with no Agency or intermediary), all references in this agreement to both “the Agency “ and “the Client” shall be interpreted as references to the Photographer’s Client.
(b) “the Photographer” will mean the Author of the Photograph or Cam Harle.
(c) “Photographs” and “Works” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints, digital files or any other type of physical or electronic material in existence now or yet to be developed.
(d) All contracts verbal or written are only accepted on the basis that the Terms and Conditions of the Photographer are the only ones applicable.
(e) Other Terms and Conditions proffered by the Client are specifically excluded unless agreed in writing beforehand by the Photographer.
(f) When a Client’s policy is not to rely on email confirmations, hardcopy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law.
(g) It is taken that the Client has read and fully understood all terms and conditions laid out here in the completion of an email booking.
2. COPYRIGHT.
(a) The Photographer retains the entire copyright in the Photographs and Works at all times, throughout the World.
(b) Where reproduction of Works has taken place and settlement has not been made, the Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.
(c) By agreeing to a session the Client understands that the entire copyright of all pictures taken is retained by Cam Harle Photo at all times, and the Photographer reserves the rights to use any photograph taken for his own purposes – promotional or otherwise (website/social media/print etc.)
3. OWNERSHIP OF MATERIALS.
(a) Title to all Photographs remains the property of the Photographer.
4. PAYMENT
(a) A deposit is usually taken (and paid) at time of booking – once complete, the scheduled time is reserved solely for the client.
(b) The deposit is non-refundable, however the Session Fee itself is refundable up to 48hrs before the session start time.
(c) After this time however, the Fee shall be lost – as any new diary bookings shall no longer be able to be taken at such short notice.
(d) A separate Invoice shall be sent via email with details of how to pay the remainder of the Fee – to be completed before the day of the shoot.
5. USE.
(a ) Images may be used for self-promotional purposes by the Client- including Web, Print, Spotlight/Mandy (and all other casting directories) this extends to Social Media Profiles Facebook/Instagram/Twitter etc.
(b) The images received may not be manipulated or edited in any way – as this is not a true representation of the Photographer’s work.
(c) Any Editorial placement of images such as in magazines/newspapers must be agreed beforehand, and licensing/fee for usage arranged.
6. CANCELLATION & POSTPONEMENT.
(a) A booking is considered firm as from the date of confirmation and accordingly if a cancellation is made 48 hours prior to the session, the Client will forfeit the Deposit/Session Fee.
7. CANCELLATION & POSTPONEMENT BY THE PHOTOGRAPHER.
(a) In the unlikely event that the Photographer is unable to attend on the booked date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime etc. (or in the very unlikely event of total photographic failure) liability shall be limited to a full refund of any fees paid to the Photographer by the Client at that time – or should the client wish, a re-scheduling of the Session to a later date.
8. REJECTION.
(a) The Client has no right to reject images supplied on the basis of style or composition. It is presumed you have seen the Photographer’s images, read how he work’s (via the website), and as such already know and agree to the style and output.
9. RIGHT TO A CREDIT.
(a) The Terms & Conditions requires that the Photographer’s name ‘Cam Harle’ will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). Where posted online, please use ‘Cam Harle’ or any Social Media tags relevant to the Photographer and his work. The 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.
10. ELECTRONIC STORAGE.
(a) All images included in the final upload to Photo Workflow will be stored for 1 year after the Session – If for any reason the client loses or misplaces the images (or wants to purchase any more) all can be done through this online system.
(b) After this time has elapsed however, the client may not be able to order/retrieve the images from the shoot.
(c) If the Photographer loses images stored in archive or they are stolen he is not liable beyond 1 year of storage. Within 1 year, the Photographer is liable to the cost of the originals (a return of the original fee).
11. APPLICABLE LAW.
(a) This agreement shall be governed by the Laws of England & Wales.
12. VARIATION.
(a) These Terms & Conditions shall not be varied except by agreement in writing.
