TERMS & CONDITIONS OF FOOD PHOTOGRAPHY ASSIGNMENT
PARTIES:
Samantha Couzens, or ‘the Photographer’, 18 Third Avenue (Ground Floor), Walthamstow, E17 9QJ
Individual whose details are supplied in the booking form or ‘the Client’ together referred to as ‘the Parties’
JOB REFERENCE
Spotlight photoshoot
JOB DESCRIPTION
90 minute food photography shoot
CREATIVE FEE
£387
SERVICES AGREED AS FOLLOWS
- Pre production and planning of photoshoot
- 90 minute photoshoot providing up to 10 images
- Use of the Photographer’s equipment, food photography props, backdrops and surfaces
- Post production, including editing, colour correction and retouching
- Delivery of web ready files for digital use
- Use in digital media only
APPLICATION OF TERMS
These terms and conditions will apply to all Assignments undertaken by the Photographer for the Client and to all Usage Licenses relating to the Assignment
DEFINITIONS
‘Photographer’ means the commissioned Photographer whose details are set out above
‘Assignment’ means a commission by the Client of the Photographer for provision of the Photographer’s services at a shoot for the purpose of creating the Assets
‘Client’ ’is the party commissioning the Photographer and includes the Client’s affiliates, assignees and successors in title.
‘Assets’ / ‘Material’ means all photographic material created by the Photographer
‘Fee’ means the Photographer’s fees as agreed above
‘Product’ means any and all branded product supplied by the Client for the Assignment
PROVISION OF PRODUCT
The Client must provide any and all branded product to be photographed by the Photographer as part of the Assignment. Where relevant, instructions pertaining to the presentation of the product must be provided for the Photographer in the brief. The Photographer cannot be held responsible for any damages incurred in transit or delivery of the Product.
CONDUCT OF THE SHOOT
The shoot will take place in the week agreed between the Parties. During the shoot the Photographer will take account of the Client’s reasonable instructions in respect of the shoot brief. While the Client is not present during the shoot then the Photographer’s interpretation of the brief shall be deemed acceptable to the Client.
CHANGES TO THE BRIEF
If changes are made to the brief by the Client for the Photographer, after the photoshoot has been confirmed, the Photographer reserves the right to request additional charges to the agreed Fee.
CANCELLATION
If a confirmed shoot is cancelled or postponed within 48 hours of the agreed shoot date and time, for reasons outside of the control of the Photographer, the Photographer reserves the right to retain payment in full plus all expenses incurred.
DELIVERY AND ACCEPTANCE OF ASSETS
Upon completion of the shoot the Photographer will deliver the Assets to the Client as soon as reasonably practicable, usually the week after the shoot. Unless expressly agreed in writing between the Parties the Client shall not be entitled to reject the Assets on the basis of style or composition.
STORAGE OF MATERIAL
The Client shall ensure they keep safe an exact digital copy of all Assets supplied by the Photographer. The Photographer will not be responsible for archiving any Assets unless prior written agreement with the Client.
COPYRIGHT AND USAGE
The entire copyright and ownership or all physical materials created by or for the Photographer shall be retained by the Photographer at all times. Upon payment in full of both the Fee and agreed expenses the Photographer grants to the Client digital media usage only. No use may be made of the photographs until the Fee is paid in full. Images are not to be used in print, advertorial or editorial. Images are not to be used in OOH advertising, including billboards and/or large scale posters. Any additional use will attract an additional fee which must be agreed by the Photographer in advance.
CREDITS
In the case of all editorial uses the Client shall ensure that the Photographer’s name is printed on or in reasonable proximity to all published reproductions of the Assets.
PAYMENT
Payment of £387 is required in full upon booking the photoshoot unless otherwise agreed in writing. The Photographer reserves the right to charge interest on late payments from the date payment was due until the date payment is made. The Fee are payable by the Client regardless of whether the Assets are in fact used by the Client. All payments are due in pounds sterling unless expressly stated otherwise.
EXTENT OF LIABILITY
The Photographer shall not be liable to the Client for any loss of profit, loss of contracts, loss of business or revenues, loss of production or for any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Photographer, Photographer’s employees, agents or sub-contractors or otherwise) which arise out of or in connection with the shoot.
CONFIDENTIALITY
The Photographer will keep confidential and will not disclose to any third parties or make use of any material or information communicated to them in confidence for the purposes of the Assignment. It shall be the sole responsibility of the Client to arrange for any third party involved in the Assignment to enter into any confidentiality agreement. The Photographer will not be liable for any breach of confidentiality by any third party.
TERMINATION
Either party will be entitled to terminate these Terms immediately by giving written notice to the other if the other party: commits a material breach of these Terms; is the subject of a bankruptcy order or becomes insolvent. On termination or expiry of these Terms for whatever reason the Client shall pay all sums due to the date or termination.
LAW AND JURISDICTION
These Terms shall be construed under English law and the Parties shall submit to the exclusive jurisdiction of the English courts.
SIGNED IN AGREEMENT BY THE PARTIES:
By ticking ‘I have read and accept the T&Cs’ in the booking form and submitting payment you hereby sign accept all T&Cs above as of the date on which the payment is made.
Signed by the Photographer:
SAMANTHA COUZENS