Photography Contract / Terms and Conditions
By booking with FotoSul you are agreeing to the following terms.
The purpose of this contract is to record the terms agreed for a photographic assignment (the “Assignment”)
All contracts and transactions between the Photographer and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Photographer and all or any of its Clients.
The terms of this Agreement are:
“Assignment” : means a piece of work to be undertaken by the Photographer under the terms of this agreement which is fully described as to terms and scope in, The Assignment, detailed under section 3 of this contract.
“Fee” : means all money payable by the Client to the Photographer, however described, for work on the Assignment.
“Images” : means video or single photographic images taken by the Photographer and recorded in any medium.
“Model Right” : means any right of any building or thing owned by any person.
2.1 : This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
2.2 : Each party acknowledges that, in entering into this agreement, they do not rely on any representation, warranty, information or document or other term not forming part of this agreement.
The Assignment is to cover the following event:
3.1 : Property Photoshoot and/or Videography
3.2 : Date as agreed
3.3 : Start time as agreed
3.4 : Media: Downloadable high resolution digital jpeg (or other required format) files of any images or MP4 files of any video.In the case of Aerial Prints, a printed photograph delivered to the Client.
3.5 : Location as agreed
4.Price and payment
4.1 : The Price as agreed is payable before the release of any un-watermarked proof images by either digital download or print.
4.2 : Failure to pay will result in no images being released for use.
4.3 : Payment can be made via PayPal, Bank Transfer or Cash
5.1 : Within 14 days after the date of the Assignment, the Photographer will notify the Client by email a link to an online Portfolio to view and proof the watermarked Images. Amendments to the “Post-Editing” can be requested.
5.2 : Once any amendments have been completed and re-proofed a request for payment will be issued.
5.3 : Once payment has been confirmed, the Photographer will notify the Client by email a link to download the final images. In the case of physical prints, these will be delivered to the Client via the most efficient service.
6.1 : The entire copyright in the Photographs / Images is retained by the Photographer at all times throughout the world.
7.Ownership of Materials
7.1 : Title to all Photographs / Images remains the property of the Photographer.
8.The Licence of Images to Client
8.1 : The Client acknowledges that the Photographer owns all rights, copyrights, title and interest to the Images and that the Client has no right to use any of them outside the express terms of this agreement.
8.2 : Money paid to the Photographer includes a Fee for the grant of a licence in the terms of this agreement. The licence arises only after the Client has paid the Photographer the money due under this agreement.
8.3 : The licence is restricted so that unless the Photographer gives written authorisation, the Client may not copy, edit or manipulate any Image created by the Photographer, nor permit any other person to do so, without the Photographer’s permission in writing.
8.4 : The Photographer reserves the right to use and reproduce Images created during the Assignment for marketing, promotional, portfolio, competition and editorial purposes, including but not limited to, use in magazines and websites, at any time and in any part of the world. The Photographer will aim to keep these Images safe from any malicious activity but cannot be held liable or accountable for malicious actions carried out by persons other than the Photographer.
9.Licence of “model” rights to Photographer
9.1 : The Client warrants that they have obtained all Model Rights necessary to enable the Photographer to carry out the Assignment and now agrees to indemnify the Photographer against any cost or claim by any person arising out of photography of any person or thing at the photo shoot Assignment.
9.2 : The Client agrees that the Photographer may use the Client’s Model Rights in the form of Images taken in this Assignment to market the Photographer’s business, such as, but not limited to, use on the Photographer’s website or social media sites.
10.1 : To take photographs as per the Assignment.
10.2 : Images will be edited according to the moment captured and the Photographer’s artistic interpretation and will be deemed to be correct. No specific Image or results can be guaranteed.
10.3 : Images may only be kept by the Photographer for 30 days from the date the Client is given access to the active online proof portfolio. Once the digital Images have been proofed and completed through the checkout process, the Client must ensure they download the Images before the link expires (which will be detailed in the download email). It is the Client’s responsibility to keep these Images safe and ensure they have all the Images they want. It is recommended that the Images are saved to the Client’s computer and separate memory stick / backup device and kept in a safe place. No reminder will be sent when the gallery is due to be removed.
11.Limitation of liability
11.1 : All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warranty or term cannot be excluded, then this sub paragraph will be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
11.2 : The Photographer shall not be liable to the Client for any loss or expense which is:
11.2.1 : indirect or consequential loss; or
11.2.2 : economic loss or other loss of turnover, profits, business or goodwill; or
11.2.3 : loss of amenity represented by the Client having no visual record of an Event.
11.2.4 : loss or damage suffered by the Client as a result of an action brought by a third party.
The above provisions apply even if such loss was reasonably foreseeable or the Photographer had been advised of the possibility of the Client incurring it.
11.3 : In any circumstance, the liability shall be limited to the total value of the contract. The Photographer shall not be liable for any indirect or consequential loss.
11.4 : This paragraph (and any other paragraph which excludes or restricts the liability of the Photographer) applies to the Photographer’s employees, subcontractors and agents, as well as to the Photographer himself.
12.1 : Any directions issued to Client, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The Photographer cannot be held responsible for any personal accidents during a photographic shoot.
13.1 : Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond their reasonable control.
13.2 : In the event of technical failure, such as, but not limited to, camera malfunction, SD card failure or computer error, a re-shoot will be offered to the Client. No further loss whether indirect, consequential or otherwise, will be due to the Client. The Photographer’s liability shall be limited to a full refund of any Fees paid.
13.3 : If adverse weather prevents the photo shoot Assignment taking place, an alternative date will be arranged at no additional cost to the Client and no refund or loss whether indirect, consequential or otherwise, will be due to the Client.