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A. Definitions

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For the purposes of this agreement, “The Photographer” is Elisabeth Steddon trading as Beth Steddon Photography Limited and “the Client” is   the company or individual commissioning the images. “Images” means any images furnished by The Photographer, whether photographs, prints or other type of physical or electronic material”.

 

B.  Copyright and Ownership of Materials

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The entire copyright, title, and intellectual property rights of any Images will remain that of The Photographer at all times throughout the world.

 

C. Right to a Credit
 

The Photographer asserts both her moral right to be identified as the author of his work and the right to a credit (where possible) is asserted in accordance with Sections 77 – 79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.  Please credit ‘Beth Steddon Photography’ where appropriate.

 

D. Usage

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1. Images are to be used as agreed at the time of booking and at the time of agreeing the fee. The licence to use is limited to the use and period of time specified on The Photographers booking form and no other use may be made of the Images without the Photographers express permission. An agreement must be reached with The Photographer before Images are used for any other purpose or after the licence to use has expired.  

2. Re-editing or manipulation of the Images may only take place with the permission of the Photographer.

3. When the license to use has expired, or additional usage is requested / required,  an additional charge has to be agreed for extended usage with the Photographer.

 

E.  Exclusivity

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1. The usage rights granted are personal to the Client and may not be assigned, nor may any image submitted to the Client be loaned or transferred to third parties (save for the purpose of the work by the Client of such reproduction/usage rights/PR).

2. The Photographer reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.

3. The Photographer retains the right in all cases to use the Images covered by this agreement at any time and in any part of the world for the purposes of advertising or otherwise promoting his work.

 

F.  Client confidentiality

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The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him, save as to be reasonably necessary to enable the Photographer to carry out his obligations in relation to the work.

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G. Booking

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1. A  deposit payment of  50% of the total quote is required to secure bookings. On receipt of the deposit payment, The Photographer will send an email as confirmation. The booking will then be considered Confirmed.

2. Once the Client has made a booking for a specific time and date and this date/time has been Confirmed by The Photographer, The Photographer will not accept any other work from other clients for those times and dates.

 

H. Cancellation or Postponement by the Client

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1. When a booking is Confirmed, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule: (i) When a client cancels photography within a timeframe of 2-7 working days of any confirmed booking, a fee of 20% of the booked time rate will be charged. (ii) When a client cancels photography  less than 48 hours of any confirmed date/time, a fee of 50% of the booked time rate will be charged. (iii)  When a client cancels photography on the day of the confirmed date, the full fee will be charged.  

2. When a booking is confirmed, if it is subsequently postponed, the Photographer will at his discretion charge a fee for postponement.

3. In addition, the client will be charged for any expenses incurred by The Photographer as a result of cancellation or postponement. 

 

I.  Cancellation by the Photographer

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The Photographer will endeavour to put the Client in touch with another photographer in the event The Photographer is unable to attend on booked date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding etc. In the event of such cancellation by The Photographer, 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.

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J  Rejection

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Unless a rejection fee is agreed in advance, there is no right to reject the Images on the basis of style or composition.

 

K Charges and Timings
 

1. The Photographer will provide a quote to The Client, and the fee will be charged at that agreed rate. Quotes will be provided on the basis of information and brief supplied by the client, and are subject to change on the basis of amendments to the original brief. 

2. Any additional expenses or fees required as a result of requests / additions by The Client will be charged at the rate shown on the quote. 

3. If The Client changes the length of the job/ is late or the job runs into extra time,, the fee will increase as per the agreed hourly rate..  The Photographer will make The Client aware of timings and should the work run into extra time he will make the client aware of this and the associated costs.  There is a mutual understanding between The Client and The Photographer that punctuality is important and respected by all parties.

4. Where shoot requirements are larger or greater than the agreed brief,  it will be made clear to the Client that The Photographer’s fee may increase. If the Photographer is unable to contact the client/payer of invoice at that time, work will stop until contact has been made.

5. On the occasion that incorrect information is given by the Client regarding a booking (wrong location, wrong time etc.) or the Client fails to arrive at the agreed location/time, the full fee will be charged to the Client.

6. If on arrival at a confirmed job,  there is an issue outside of the Client or Photographer’s control,  for example lack of power / restrictions on usage of the agreed space /  a fee may be charged to cover any overtime needed to resolve this or additional equipment where required. Where any issues completely prohibit shooting on the booked date, the full fee will be charged. 

7. Quoted fees include mileage up to the amount shown on your quote for local bookings. Mileage will be charged at 45 pence per mile for shoots outside of the local area.

8. Any congestion charges, road toll charges and parking costs will be billed to the client as a Photographer expense and will be added onto the invoice.

9. Quotes for a full day are based on an 8h day. Half days are based on a 4h booking. Hours outside of this will be billed at the overtime rate shown on your quote or invoice. 

10. Quoted rates are inclusive of a consultation call, mood board, and communication consistent with the undertaking of a photographic shoot. Where production services are required (location / prop / model sourcing etc) this will be billed at a rate of £350/ day or £45/h. An estimate will be quoted for prior to work being undertaken, and this work will need to be signed off by The Client. Fees for any bookings outside of the photographic services undertaken by The Photographer will be billed in advance, and must be paid upfront to secure the requested bookings with external parties.

 

L  Payment Terms and Payment
 

1. For commercial bookings, payment terms are strictly 30 days from the date of the relevant invoice (“the Due Date”) unless agreed in advance and in writing. For small business shoots, a 50% payment is taken in advance to secure the booking, and the balancing 50% is due prior to final image delivery, on provision of low resolution proofs for Client sign off. 

2. The Photographer reserves the right to charge interest on late payments at the rate prescribed by the Late Payment Of Commercial Debts (Interest) Act 1998 from the due date until the date payment is made.

3. If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due with immediate effect, even if it is less than 28 days from the issue date, and that The Photographer may consider these invoices as overdue when pursuing legal action for the recovery of said debts.

4. Payment by BACS is preferred and bank details will be provided on the invoice. 

 

M  Liability and Indemnity

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Where models or members of the public are used in shot, The Client must satisfy him/herself that all necessary rights, model releases or consents which may be required for reproduction, are obtained. It is acknowledged that The Photographer gives no warranty or undertaking that any such rights, model releases or consents have been or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any picture.  In the event that the Image issued or reproduced by or with the authority of the Client does not have the necessary rights, releases or consents, then the Client shall indemnify The Photographer against all expenses, damages, claims, or legal costs arising out of any such failure.

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N  Archiving of Images
 

All final images will be stored and archived by The Photographer for a period of 6 months.  If archived photographs are required after that time, or additional storage time is required / requested by the client, an admin fee may be charged. 

If images are lost by or stolen from the The Photographer prior to image delivery, The Photographer shall offer a return of the original fee. 

O Applicable Law
 

This agreement shall be governed by the laws of England and Wales

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P Variation

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No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.