Terms and conditions of
For the purposes of this agreement, “The Photographer” is Pelumi Kolawole trading as Pelumi Kolawole Photography Limited and “the Client” is ……………………………..
“Images” means any images furnished by The Photographer, whether photographs, prints or another type of physical or electronic material”.
Copyright and Ownership of Materials
The entire copyright, title, and intellectual property rights of any Images will remain that of The Photographer at all times throughout the world.
ENTIRE AGREEMENT: This agreement contains the entire understanding between the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
RESERVATION: A signed contract and retainer fee are required to reserve the dates and times of the EVENT(S). If the EVENT(S) are rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, the retainer fee is non-refundable and shall be liquidated damages to the CLIENT shall also be responsible for payment for any of the materials charges incurred up to the time of cancellation.
EVENT SCHEDULE: The client agrees to confirm the schedule one week prior to the EVENT(S). Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the client
SAFETY: The photographer ( Pelumi Kolawole ) reserves to right to terminate coverage and leave the location of the EVENT(S) if the photographer from the (Pelumi Kolawole )experiences inappropriate, threatening, hostile or offensive behaviour from person(s) at the EVENT(S); or in the event that the safety of the photographer from the photographer ( Pelumi Kolawole ) is in question.
SHOOTING TIME / ADDITIONS: The client and the company agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the client does not arrive at the appointed time for the EVENT(S), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the client.
EXPENSES INCURRED: When applicable, the client is responsible for all travel, accommodation, meal and transport costs unless provided by the client.
FEES AND EXPENSE The fees and expenses payable for the services will be agreed upon in writing between the client and the photographer.
RESPONSIBILITIES: The photographer ( Pelumi Kolawole ) is not responsible for compromised coverage due to causes beyond the control of the photographer ( Pelumi Kolawole ) including but not limited to obtrusive guests, the lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the photographer ( Pelumi Kolawole ) rendering of decorations, or restrictions of the locations. The photographer ( Pelumi Kolawole ) is not responsible for backgrounds or lighting conditions that may negatively impact or restrict the photo coverage. The photographer ( Pellumi Kolawole ) is not held liable for missed coverage of any part of the EVENT(S). The photographer ( Pelumi Kolwole ) will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT(S).
VENUE AND LOCATION LIMITATIONS: The photographer ( Pelumi Kolawole ) is limited by the rules and guidelines of the location(s) and site management. The photographer agrees to accept the technical results of their imposition on the photographer ( Pelumi Kolawole ) Negotiation with the officials for moderation of guidelines is the photographer ( Pelumi Kolawole ) responsibility; the photographer will offer technical recommendations only.
PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the photographer ( Pelumi Kolawole ) will be performing services.
FILM and COPYRIGHTS: The photographs produced by the photographer (Pelumi Kolawole ) are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the Photographer ( Pelumi Kolawole ) explicitly written permission. If the CLIENT has purchased an “Image DVD” from the photographer ( Pelumi Kolawole ), upon final payment by the photographer ( Pelumi Kolawole ) limited copyright ownership of the resulting images will be transferred to The photographer ( Pelumi Kolawole ). If the CLIENT has purchased an “Image DVD” from the photographer ( Pelumi Kolawole ) grants the CLIENT permission to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to The photographer ( Pelumi Kolawole ) The CLIENT must obtain written permission from the photographer prior to publishing or selling the photographs.
MODEL RELEASE: The CLIENT hereby assigns the photographer (Pelumi Kolawole ) the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from the use of images.
LIMIT OF LIABILITY: In the unlikely event that the assigned photographer ( Pelumi Kolawole ) the photographer is unable to perform to the guidelines of this contract due to an injury, illness, the act of God, the act of terrorism, or other cause beyond the control of the photographer, the photographer will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability are limited to the return of all payments received for the EVENT(S).
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the photographer ( Pelumi Kolawole ) control, including but not limited to camera, hard drive, or equipment malfunction, the CLIENTS availability is limited to the return of all payments received for the EVENT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of a total number of originals. The photographer is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
CAPTURE AND DELIVERY: The Photographer is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of the COMPANY.
POST PRODUCTION AND EDITING: The final post-production and editing styles, effects, and overall look of the images are not left up to the client.
PAYMENT SCHEDULE: The aforementioned 50% non-refundable retainer fee is due at the time of signing the agreement. The remaining balance is payable in full prior to or on the day of the EVENT(S). In the event the CLIENT fails to remit payment as specified, the COMPANY shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the EVENT
RIGHT TO CREDIT
The Photographer asserts both his moral right to be identified as the author of his work and the right to 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 Pelumi Kolawole’
Images are to be used as agreed at the time of booking and at the time of agreeing on 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.
Manipulation of the Images or use of only a portion of Image may only take place with the permission of the Photographer.
When the license to use has expired an additional charge has to be agreed for extended usage with the Photographer.
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.
The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to her, save as to be reasonably necessary to enable the Photographer to carry out his obligations in relation to the work.
The CLIENT will be required to complete a Booking Form (via email or hardcopy). 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 CLIENT for those times and dates.
CANCELLATION OR POSTPONEMENT BY CLIENT
When a booking is Confirmed, if it is subsequently cancelled, a cancellation fee will be charged to the CLIENT according to the following schedule:
When a CLIENT cancels photography within less than 7 days of booking a session of any confirmed date, a fee of £30 of the booked time rate will be charged.
When a CLIENT cancels a session within less than 24 hours of any confirmed date/time, a fee of £60% of the booked time rate will be charged.
When a client cancels a portrait session on the day or day before the confirmed date, the full fee will be charged.
When a booking photo is confirmed, if it is subsequently postponed, the Photographer will at his discretion charge a fee for a postponement of £30
In addition, the client may be charged for any expenses incurred by The Photographer as a result of cancellation or postponement.
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 the booked date due to any cause beyond their reasonable control e.g. sudden illness, injury, a 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.
Unless a rejection fee is agreed in advance, there is no right to reject the Images on the basis of style or composition.
CHARGES AND TIMINGS
If the photographer provides a quote the fee will be charged at that agreed rate. The photographer generally requests a brief at the time of booking (via email or verbally).
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.
If the length of the job has been changed without being discussed with the client, the fee will increase as per the agreed hourly rate. If the CLIENT is delayed or running late and the job runs into extra time again 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 the extra time he will make them CLIENTaware 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.
If it becomes apparent when the job starts that it is a much bigger or different job to 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 the invoice at that time work will stop until contact has been made.
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.
Any congestion charges, road toll charges and parking costs will be billed to the client as a Photographer expense and will be added to the invoice.
Payment Terms and Payment
Payment terms are strictly 30 days from the date of the relevant invoice (“the Due Date”) unless agreed in advance and in writing;
The Photographer reserves the right to charge interest at the rate prescribed by the Late Payment Of Commercial Debts (Interest) Act 1998 from the due date until the date payment is made.
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.
Payment by BACS is preferred and bank details will be provided on the invoice. We also accept payment by cheque (made payable to “Pelumi Kolawole Photography Limited”).
Liability and Indemnity
It is the CLIENT...................................................... who must satisfy him/herself 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, trademarks, 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.
This agreement shall be governed by the laws of England and Wales
No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
Signed by the client.
Signed by Pelumi Kolawole