Terms and Conditions
1. Definitions
For the purposes of this agreement, “The Photographer” is Claire Wilson trading as Elowen Media. “Images” means any images furnished by The Photographer, whether photographs, prints or other type of physical or electronic material”.
2. Copyright and Ownership of Materials
Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988. It is contrary to the Act to copy or allow to be copied photographically/electronically or by any other means an image created as part of this contract without the permission of the photographer in writing.
3. Images
All image sizes are nominal. The photographer will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres. It is sometimes impossible to record on film the exact colour as seen by the human eye.
4. Delivery
Unless otherwise requested, images will be delivered within 5 working days.
Video work will be delivered as per the agreed schedule and will be determined by length.
Content will be delivered via a secure online folder such as OneDrive, Vimeo or via WeTransfer as applicable. If there is a specific delivery requirement, it is the Client’s responsibility to inform the photographer in advance of delivery.
Images and video will be stored on the Photographer’s system for up to 2 years. A charge may be applicable for retaining content after that time.
5. Use
Images may be used for all business purposes but may not be resold.
Manipulation of the Images may only take place with the permission of the Photographer.
6. Licence
The photographer shall be granted complete artistic licence including in relation to the poses photographed and the locations used. The photographer’s judgement regarding the locations/poses and number of images taken shall be final. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested.
7. Exclusivity
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).
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.
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.
8. Display
The client hereby allows the photographer to display any images included in this contract in their portfolios. No use of the images will be made by the photographer for other commercial reason except with the written permission of the client.
9. Client Confidentiality
You shall inform us in writing before the project commences if any portion of any material or information provided by you or if any portion of the project is confidential. Any information identified and agreed as confidential shall not be used or disclosed, other than during the continuance of this agreement and in connection with the provision of the agreed services. This obligation will cease to apply if the relevant information ceases to be confidential, for example because it has entered the public domain.
10. Booking
The Client will be required to complete a digital Booking Form (the relevant Media Brief document which will be sent to you). On receipt of a completed booking form, The Photographer will send an email as confirmation. The booking will then be considered Confirmed.
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.
11. Cancellations or Postponements
The client may cancel this contract at any time by giving written notice to the photographer but in doing so shall be forfeit to a cancellation fee according to the following schedule:
(1) 7 days of any confirmed date, a fee of 20% will be charged
(2) Less than 24 hours prior to the date of the shoot, the client shall in addition pay a sum equal to 20% of the contract value. The said sum shall be payable as compensation as an estimate of the loss the photographer would suffer.
In addition, the client may be charged for any expenses incurred by The Photographer as a result of cancellation or postponement.
12. Cancellation by the Photographer
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.
13. Charges
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14. Changes
If we agree a Fixed Fee then you agree that you will be responsible for payment of any additional costs and
expenses incurred by us in relation to all additions, alterations, changes in content, layout or process changes
requested by you, including our time charged at our published hourly rates (as amended from time to time).
You are responsible for final sign off and written approval of all project documents before their release.
Where you have approved our work containing errors or omissions that we have to rectify, you agree to pay
the reasonable costs of rectifying the errors.
15. Expenses
You shall reimburse us for all expenses arising from this agreement for example materials needed to complete
the project.
16. Invoices and Payment
All invoices are payable within 15 days of receipt. We’ll exercise our statutory right to claim interest and
compensation for debt recovery costs under the late payment legislation if we’re not paid according to agreed
credit terms.
The grant of any certificate, license or right of copyright is conditioned on receipt of full payment.
17. Liability and Indemnity
The Photographer will not be liable for any incidental or consequential damage that arises from her failure to perform any
aspect of the project in a timely manner, regardless of whether such failure was caused by intentional or
negligent acts or omissions by her, any client representatives or employees, or a third party.
We acknowledge that nothing in these terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by the laws of England and Wales.
It is the Client’s responsibility to ensure that all necessary rights, model releases or consents required for the shoot, are obtained.
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.
18. Data Protection
18.1 Both parties will comply with all applicable requirements of the Data Protection Legislation. This Clause is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation.
18.2 The parties acknowledge that for the purposes of the Data Protection Legislation, the Client is the data controller and the Contractor is the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation. Schedule 1 details the scope, nature and purpose of processing by the Contractor, the duration of the processing and the types of Personal Data and categories of Data Subject (both as defined in the Data Protection Legislation).
18.3 Without prejudice to the generality of Clause 18.1, the Client will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to the Contractor for the duration and purposes of this agreement.
18.4 Without prejudice to the generality of Clause 18.1, the Contractor shall, in relation to any Personal Data processed in connection with the performance by the Contractor of its obligations under this agreement:
(a) Process that Personal Data only on the written instructions of the Client unless the Contractor is required
by Applicable Laws to otherwise process that Personal Data. Where the Contractor is relying on the laws of
a member of the European Union or European Union Law as the basis for processing Personal Data, the
Contractor shall promptly notify the Client of this before performing the processing required by the
Applicable Laws unless those Applicable Laws prohibit the Contractor from so notifying the Client;
(b) Ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal
Data confidential; and
(c) Not transfer any Personal Data outside of the European Economic Area unless the prior written consent of the Client has been obtained and the following conditions are fulfilled:
(i) The Client or the Contractor has provided appropriate safeguards in relation to the transfer;
(ii) The data subject has enforceable rights and effective legal remedies;
(iii) The Contractor complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
(iv) The Contractor complies with reasonable instructions notified to it in advance by the Client with respect to the processing of the Personal Data;
(D) Assist the Client, at the Client’s cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
(f) Notify the Client without undue delay on becoming aware of a Personal Data breach;
(g) At the written direction of the Client, delete or return Personal Data and copies thereof to the Client on termination of the agreement unless required by Applicable Law to store the Personal Data; and
(h) Maintain complete and accurate records and information to demonstrate its compliance with this Clause 18
19. Applicable Law
This agreement shall be governed by the laws of England and Wales