Terms and Conditions of Supply – Commissioned Photography
The following document represents the basis under which I undertake Photographic assignments and commissions. They are intended as a background document to which specific or varied terms can be added or amended.
There are, of course many pieces of legislation that will have an effect on how my relationship with clients works, not the least of which is the Copyright, Designs and Patents Act 1988.
I really don’t want to scare clients and so they are worded as simply as I can. I’m always happy to discuss how my terms and conditions apply to you.
COPYRIGHT
Unless agreed in advance and in writing I do not assign copyright to any clients or third parties. Please be aware buying the copyright is far more expensive than buying a usage free license. I do instead provide images on a usage free basic where you are able to use the images freely and for as long as you wish once any invoices have been paid in full.
DELIVERY METHOD AND DEADLINES
As part of the commission we will agree how, when and where the photographs will be delivered. Options Include web galleries, CDs and DVDs, FTP, Email and on USB Flash drives. Photographs will be supplied in the agreed format within the agreed deadline. Copies of all files will be retained in line with industry best practice and any subsequent re-issue of any or all of the image files will be subject to a charge equal to the actual cost of producing and delivering them plus a 20% Service charge.
INVOICING AND PAYMENT
Fees and costs will be negotiated and agreed before the commission takes place. Should the details of the commission change then the alterations to the costs will be agreed as soon as possible. New clients will be asked for a purchase order or a letter confirming the commission, agreed fees and costs as well as acceptance of my terms and conditions in advance. For new clients I use split billing on a 30/70 basis of the total fee for the commission. Once the commission has been completed I will send an invoice with payment terms and methods outlined. Usage is only allowed once payment has been made in full. If the client postpones or cancels the commission within 72 hours of the start time I reserve the right to charge 50% of the agreed fees. Cancellations or postponements within 24 hours of the start time may be charged 100% of the agreed fees.
THE LIMIT OF MY LIABILITY
As a professional photographer I take great care and pride in my work and in my relationship with clients and the subjects of my photography. I cannot, however, accept liability for unexpected events including but not limited to: poor weather, industrial disputes, sickness or injury, equipment malfunction, model release disputes, property release disputes and other actions or accidents that are outside my control and that cannot be reasonably predicted. Please note that any mains powered equipment that I use will be PAT tested, that I carry £5 million of Public Liabilities insurance and that my photographic equipment is regularly tested and serviced. Should you require any specialist insurance to be taken out for your project, the cost will be included in the fees. Back-up copies of your images will be stored using reliable methods but I cannot accept liability for systems failures.
DISPUTE RESOLUTION
If, for any reason, you have any queries about the service that I have provided I will be happy to discuss your concerns with you. Photography is a creative activity and I accept commissions on the basis that you are buying my skills and that you trust me to apply those skills in accordance with our discussions and verbal agreements. Written confirmation of commissions should always include any “must-have” picture requirements and, where technically and creatively possible, I will endeavour to fulfil your requests. If I consider any of your requirements to be unfeasible or if any of them become so during the shoot itself, I will point them out at the first possible opportunity and offer solutions.