1. Terms and Definitions:

1.1  In these terms and conditions:

(a) “Client” means the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party);

(b) “Due Date” the agreed final date of payment for any invoice;

(a) “Image” means any photograph, videos, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction;

(b) “Reproduction” means any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means;

(c) “Photographer” means Chris Booth, trading as Chris Booth Photos.

2. Copyright and Ownership of Materials:

2.1  The entire copyright and intellectual property rights of any Image is retained by the Photographer at all times throughout the world.

2.2 Title to all Images remains the property of the Photographer.

2.3 The Photographer administers the licensing of any Image.

2.4 Images will be licensed to the Client for use for a period of 12 months from the day they are made available to the Client.

2.5 An agreement must be reached with the Photographer before Images are used after the licence to use has expired. The Photographer reserve the right to make an additional charge for continued use.

2.6 Manipulation of an Image or use of only a portion of Image may only take place with the prior written permission of the Photographer.

2.7 Final Images are stored for a period of 18 calendar months from date of delivery to the Client. Following this period the Photographer reserves the right to delete all Image files permanently without notice to the Client.

3. Use and Reproduction:

3.1 The License to use only comes into effect once payment in full of the invoice has been made. No use may be made of the Images until full and final payment, including any late payment charges that may have been levied, has been received.

3.2 Permission may be granted for Image use before payment; however, the Photographer may revoke this permission with immediate effect if payment of the invoice is not made by the Due Date.

3.3 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).

3.4 The Photographer asserts both his 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. The Client shall credit ‘Chris Booth Photos’ in reasonable proximity to the Image, whether in print or online.

3.5 The Photographer reserves the right to refuse to supply or grant a reproduction licence to a third party, even if requested to do so by the Client.

3.6 The Photographer retains the right in all cases to use the Images produced pursuant to an Assignment at any time and in any part of the world for the purposes of advertising or otherwise promoting his work.

4. Booking and Cancellation:

4.1 Email communication between the Client and the Photographer will be binding for the purposes of contract formation.

4.2 Once the Client has made a booking for a specific time and date and this date/time has been confirmed by the Photographer that booking shall be an “Assignment”, and the Photographer will not accept any other work from other clients for those times and dates.

4.3 Once a booking is confirmed, if it is cancelled, a cancellation fee will be charged to the Client according to the following schedule: (i) When a Client cancels a confirmed booking within 10 business days of any confirmed date a fee of 30% of the booked time rate will be charged; (ii) When a Client cancels photography within less than 10 business days of any confirmed date, a fee of 50% of the booked time rate will be charged; (iii) When a Client cancels photography within less than 3 business days of any confirmed date, a fee of 75% of the booked time rate will be charged; (iv) when a Client cancels an Assignment within 24 hours of any booked date and time the full fee will be charged.

4.4 In addition to this cancellation fee, the Photographer shall be entitled to charge the Client for any expenses already incurred in reliance on the confirmed booking.

4.5 An Assignment will commence following acceptance and mutual understanding of a written or verbal brief provided by the Client. Re-shoots of rejected photographic Images will be chargeable if the Photographer has adhered to the brief and the Client makes changes to the brief after the Images have been shot. If the Client has specific requirements relating to how a brief is to be delivered the Client must make the Photographer aware of the requirements prior to the day of the shoot and in reasonable time for the Photographer to make suitable preparation.

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

4.7 If the Photographer is unable to attend on booked date due to any cause beyond his reasonable control he shall, wherever possible, endeavour to put the Client in touch with another photographer. In the event of such cancellation by the Photographer, or in the very unlikely event of total photographic failure, the Photographer’s liability shall be limited to a full refund of any fees paid to the Photographer by the Client at that time.

5.  Charges and Timings

5.1 If the Photographer provides a quote to the Client for an Assignment, subject to the remainder of this term 5. the Assignment will be charged at that agreed rate.

5.2 Where extra expenses or time are incurred or needed by the Photographer as a result of alterations to the original brief by the Client or otherwise at their request, the Photographer will reserve the right to charge the Client extra expenses and fees.

5.3 If the Client changes the length of the job, the fee will increase as per the Photographer’s hourly rate. If the Client is delayed or running late and the job runs into extra time the fee will increase as per the Photographer’s 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.

5.4 There is a mutual understanding between the Client and the Photographer that punctuality is important and respected by all parties.

5.5 If it becomes apparent when the job starts that it is much bigger or different job to the agreed brief the Photographer may adjust his fee accordingly. This will be communicated to the Client by the Photographer at the first opportunity. If the Photographer is unable to contact the client/payer of invoice at that time work will stop until contact has been made.

5.6 On the occasion that incorrect information is given by the Client regarding an Assignment (wrong location, wrong time etc.) or the Client fails to arrive at the agreed location/time, the Client shall be liable to pay the full fee.

5.7 If on arrival at an Assignment there is an issue outside of the Client or Photographer’s control that prevents the undertaking of the Assignment, such as bad lighting or restrictions are in use of where the shoot is taking place, the Photographer may charge the Client a fee to cover his time.

5.8 Quoted fees include reasonable mileage to and from the Assignment.  The Photographer reserves the right to charge mileage beyond a reasonable radius at 45 pence per mile.

5.9 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.

6. Payment Terms:

6.1 Payment terms are strictly 30 days from date of invoice unless agreed otherwise in advance and in writing.

6.2 The Photographer reserves the right to require payment in full prior to delivery of any Image.

6.3 If payment is not made by the Due Date the Photographer may rescind any Agreement and recover damages, or, at its option, may exercise its statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1998.

6.4 The Photographer shall be entitled to charge a fee of £25 plus VAT for each: account reminder; duplicate invoice; or any other paperwork, correspondence or phone calls involved with the pursuance of a debt. This fee is non-refundable and represents a reasonable charge for additional time spent pursuing overdue invoices.

6.5 All prices are subject to VAT at the applicable rate.

7. Liability and Indemnity:

7.1 The Photographer shall take all reasonable skill, care and diligence in the performance of an Assignment.

7.2 The Client must satisfy itself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and 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.

7.3 The Client agrees to indemnify the Photographer in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by the Photographer.

7.4 The Client acknowledges and agrees that:

7.4.1 under circumstances where conditions prevail, or matter arise which are beyond the reasonable control of the Photographer and the Client that prevent the carrying out of the Assignment both parties shall cooperate to arrange a mutually convenient alteration to the Assignment;

7.4.2 if the Photographer is unable to perform his obligations to the Client (or is only able to perform them at unreasonable cost) because of an event beyond his reasonable control the Photographer  may, without liability to the Client, cancel or suspend any of his obligations to you on reasonable notice.

7.5 The Photographer:

7.5.1 does not restrict his liability for death or personal injury resulting from his negligence, for fraud or for any other liability which may not be excluded or restricted by law;

7.5.2 shall not be liable for any loss or damage suffered by the Client as a result (indirect or direct) of any third party arising from use or reproduction of any Image or its caption.

7.6  Subject to term 7.5 the liability of the Photographer to the Client, howsoever arising, shall be limited to the amount of any payment made by the Client in respect of the fees for the relevant Assignment.

7.7 Subject to terms 7.5 under no circumstances shall the Photographer be liable to the Client for indirect or consequential losses of any kind experienced by the Client arising from the use of his services.

8. Insurance:

8.1 The Photographer does not provide insurance coverage whilst Client’s products are in the Photographer’s studio. If insurance cover is required Clients shall arrange their own insurance cover.

8.2 The Photographer accept no responsibility for products lost or damaged in transit, to or from his studio.

9. Client Confidentiality:

9.1 The Photographer will keep confidential and will not disclose to any third parties or make use of information communicated to him that is clearly marked as ‘confidential’, save as may be reasonably necessary to enable the Photographer to carry out his obligations in relation to the commission.

10. Making Payment

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

10. General:

10.1  This Agreement shall be subject to and constructed according to English Law and the parties agree to accept the exclusive direction of the Courts of England.

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