Avant Photographic – Avant Commercial
Avant Photographic TERMS AND CONDITIONS
These Terms and Conditions shall apply to the hiring of Phil Burrowes – Avant Photographic (“the Photographer”) as a freelance photographer by customers wishing to acquire photographs for commercial purposes.
Price and Payment
The full price of the photo shoot shall be quoted prior to confirmation. Any further costs incurred by the photographer will be charged to the customer, with accompanying receipts. Payment is accepted via BACs or debit/credit card. Cheques are not accepted. Payment must be made in full before delivery of photographs. Invoices will be issued at booking. Orders under £500 are payable in full at booking. With remainder invoiced with 30 day terms from date of invoicing. After 30 days, a penalty of £75 per week or part thereof is chargeable until invoice is settled.
Cancellation and Rescheduling
The Customer may cancel or reschedule the photo shoot at any time. If the customer cancels the photo shoot more than 14 days ahead of the start date the Photographer shall issue a full refund of all sums paid. After this period, if the Customer cancels the photo shoot the Photographer shall retain all sums paid and any outstanding sums shall become immediately payable. No refund shall be issued.
The Photographer may cancel the photo shoot at any time prior to the start date and shall refund all sums paid. Where a refund is due it shall be paid by BACs within 14 Business Days of the event triggering such refund.
The Customer shall specify the subject matter of the photo shoot and shall, prior to the date of the photo shoot, specify any particular photographs or compositions they require.
Subject to any specific requirements set out by the Customer, the Photographer shall use his own exclusive judgement when selecting equipment and deciding upon artistic factors which include, but are not limited to; composition, lighting and photographic style.
Subject to the nature of the photo shoot and the specific requirements of the Customer the Photographer will take as many photographs as he deems appropriate with a view to giving the best choice when processing and preparing the final photographs.
The Photographer shall deliver the photographs to the Customer in high resolution JPEG format.
The Customer shall have a period of 7 days following the delivery of the photographs to inform the photographer of any discrepancies or significant flaws in the photographs. The Photographer shall undertake any necessary and reasonable remedial action which is possible upon being informed of any such problems.
Copyright and Licensing
The Copyright of the photographs is and shall remain the property of the Photographer. Subject to a written agreement to the contrary nothing in these Terms and Conditions shall vest any ownership rights in the Customer.
All licences shall become effective following delivery of the Photographs to the Customer and shall continue from that date for the duration of copyright protection (which shall be the life of the Photographer plus 70 years under Section 12 of the Copyright Designs and Patents Act 1988).
The Photographer’s name must be shown on or in reasonable proximity to all reproductions of the Photographs which are published by the Customer. The Photographer hereby asserts his statutory right to be identified under Sections 77-79 of the Copyright Designs and Patents Act 1988. The Photographer may subsequently waive this requirement at any time by giving written notice to the Customer.
All Licences shall be granted on a per-project basis. The Customer shall not be required to pay recurring Royalty Fees for repeated use within the same project.
The Customer shall be permitted to use the Photographs in any project subject to the following limitations:
The Photographs may not be used for any purposes which are libellous, defamatory, pornographic, obscene or otherwise unlawful.
The Customer may not sub-licence the Selected Photographs without the prior written permission of the Photographer.
The Photographer reserves the right to use the Photographs in any advertising or promotional material provided such material is only related to the Photographer or his services.
The Licences granted to the Customer shall be automatically revoked if the Customer breaches any of their terms.
Insurance, Liability and Indemnity
The Photographer shall have in place public liability insurance with a limit of indemnity of £5 million.
Whilst the Photographer shall use all reasonable endeavours to ensure that all Photographs delivered in a digital format are free from viruses and errors, provides no guarantee that the Photographs will be free from such defects and accepts no liability for any loss or damage which may result from the same.
No Party to the Agreement shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
[In the event that a Party to the Agreement cannot perform their obligations thereunder as a result of force majeure for a continuous period, the other Party may at its discretion terminate the Agreement by written notice at the end of that period. In the event of such termination, the Parties shall agree upon a fair and reasonable payment for all work completed up to the date of termination. Such payment shall take into account any prior contractual commitments entered into in reliance on the performance of the Agreement.]
Term and Termination
The Agreement shall come into force on an agreed commencement date and shall continue an agreed period from that date
In the event of cancellation under a force majeure the Agreement shall immediately terminate.
Either Party may immediately terminate the Agreement by giving written notice to the other Party if:
any sum owing to that Party by the other Party under any of the provisions of the Agreement is not paid within 90 Business Days of the due date for payment;
the other Party commits any other breach of any of the provisions of the Agreement and, if the breach is capable of remedy, fails to remedy it within 30 Business Days after being given written notice giving full particulars of the breach and requiring it to be remedied;
an encumbrancer takes possession, or where the other Party is a company, a receiver is appointed, of any of the property or assets of that other Party;
the other Party makes any voluntary arrangement with its creditors or, being a company, becomes subject to an administration order (within the meaning of the Insolvency Act 1986);
the other Party, being an individual or firm, has a bankruptcy order made against it or, being a company, goes into liquidation (except for the purposes of bona fide amalgamation or re-construction and in such a manner that the company resulting therefrom effectively agrees to be bound by or assume the obligations imposed on that other Party under the Agreement);
anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to the other Party;
that other Party ceases, or threatens to cease, to carry on business; or
control of that other Party is acquired by any person or connected persons not having control of that other Party on the date of the Agreement. For the purposes of this Clause, “control” and “connected persons” shall have the meanings ascribed thereto by Sections 1124 and 1122 respectively of the Corporation Tax Act 2010.
The rights to terminate the Agreement given by this Clause shall not prejudice any other right or remedy of either Party in respect of the breach concerned (if any) or any other breach.