Terms & conditions
CONTRACTUAL EFFECT: these Terms set out the terms on which [The Studio M Limited] ("we" or "us") will provide photography and/or film services (as required) and the basis of the determination of our charges. These Terms form the entire contract under which we provide the photography and/or film services (as required).
PRE-SHOOT CONSULTATION: the parties agree to a pre-shoot consultation before the shoot in order to finalise, amongst other things, fees, times and locations. This will usually take place via email.
FEES: quotes and fees will be discussed and agreed between the Client and the Photographer prior to the shoot. We reserve the right to request up to 30% of the full invoice upfront for certain shoots. We will advise the Client of such request at the pre-shoot consultation. An invoice for the shoot will be sent to the Client approximately two to three weeks after completion of the shoot and delivery of the images. Please note, prices may be subject to a 5% GST charge or a 20% VAT charge.
PHOTOSHOOT GUIDE: the Client will be responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photographs are desired. Unless specifically agreed otherwise in writing, we will not be held accountable for the Photographer not photographing desired people if there is no one to assist in identifying or gathering people for the photograph(s).
COOPERATION: the Client agrees to positive cooperation and communication with the Photographer for the best possible result. Neither we, nor the Photographer, are responsible for failure of an individual to be present or to cooperate during photography sessions, nor for missed images due to details not revealed to the Photographer.
SHOOTING SCHEDULE: the photography start and finish times will be discussed between the Client and the Photographer. The Photographer will, in consultation with the Client, determine the best time to arrive and leave.
HOUSE RULES: the Photographer is limited by the guidelines of the location of the shoot. The Client agrees to accept the technical results of their imposition on the Photographer. Negotiation with the relevant officials is the Client’s responsibility. The Photographer will offer technical recommendations only.
COPYRIGHT: All material (photographs, film, digital negatives, or prints) produced by us are our property or the property of the Photographer and protected by law (all rights reserved) and may not be reproduced in any manner without our explicit written permission. Upon final payment of the client, the License to Use (outlined in issued contract) will be transferred to the client. The licence will be exclusive to the Client/Agency and will cover all uses of the photography in relation to the product named on the licence. The photographer retains the right to use the photographs for promoting his/her own work, unless otherwise stated in the contract of agreement.
ALL LICENCE MEDIA USE: All Licence Media Use: In some cases, the Licence to Use will specify "All Media: print and digital" under Media Use, the Territory will be "Worldwide" and the Time Period will be "Unlimited" (copyright will remain with the Photographer). An All-Uses licence is still subject to the general Terms and Conditions and therefore does not permit use in relation to another product or sub-licensing, for example to a photo library. Neither can it be sold on as an asset of the company if the client goes into liquidation – at this point the licence would revert back to the photographer.
MODEL RELEASE: the Client hereby assigns and grants to the Photographer, us and our legal representatives 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 or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The Client hereby releases the Photographer, us and our legal representatives and assigns from all claims (including profit) and liability relating to said photographs. It is agreed that we or the Photographer may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by us. The Client agrees to provide a release in the form attached at Schedule 1 for any other persons to be photographed.
COMPLETION SCHEDULES: approximately 7 to 10 days after the date of the shoot, we will provide the client with the images. [The Client will receive a copy of the images on a high resolution USB as well as via an online link. This will contain selected photographs (in a mixture of colour and black and white, not one of each kind) taken at the event.] The original, unedited images will generally be available for [12] months following the date of the shoot. [Any requests for images after this date will incur an archive fee of £50 which must be paid prior to delivery of images.] [There is no guarantee that the original, unedited images will be available after 12 months.] We do not take responsibility for lost or damaged images once delivered to the Client. The Client can request all images on an express delivery basis which will ensure the first delivery of the images by the next day at a cost of 20% of the full price. The Client can alternatively request selected images (maximum of [5] image) on an express delivery basis at a cost of 10% of the full price.
PRINTS: we do not take responsibility for the print quality of images printed by persons other than those recommended by us. Print arrangements are to be determined by agreement between the Client and the Photographer.
RIGHT OF WITHDRAWAL AND SUBSTITUTES: our discovery of new information, changes to agreed circumstances, or other factors which are contrary to our internal policies may result in our and the Photographer's withdrawal in which case, generally, a different photographer would be proposed. Non-cooperation; changes in locations, facilities or available times; missed appointments and late payments are examples of contributing factors.
LIMIT OF LIABILITY: in the unlikely event of travel disruption, sickness, medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. We will make every effort to secure a replacement photographer able and/or willing to provide a similar package at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package. We take the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of the Client's photographs being lost, stolen or destroyed for reasons within or beyond our control, the latter’s liability is limited to the return of all payments received for the shoot. The limit of liability shall not exceed total amount paid to us for the photography services. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
CLIENT LIABILITY: the liability of each person who comprises the Client (as set out in the Booking Form) shall be joint and several.
PERFORMANCE: the Photographer shall have no liability for failure to perform his or her obligations as a result of the occurrence of any circumstance not within a party's reasonable control including without limitation an act of God, flood, fire, warfare, changing government laws or regulations, utilities failure or strikes by suppliers.
PROFESSIONAL IMAGE MANIPULATION: the Photographer will allow for limited professional image manipulation (if technically possible) to images. This includes red eye removal, colour correction, blemish removal. It is understood that if a technicality prevents the Photographer from performing image manipulation, or if a technicality prevents the final result to meet the Client’s requirement, the Client will reside with the fact that the Photographer has performed to its best ability with regard to the specific task and that the Photographer has no further responsibility towards said image manipulation. The Client specifically consents to such image manipulation.
CLOTHING AND ATTIRE: the Photographer shall have no liability for the choice of clothing or accessories the subjects may wear for the shoot nor shall the Photographer have any liability for the fit or presentation of the clothing or accessories the subjects may wear for the shoot.
PHOTOGRAPHY STYLE: the Client understands that they are paying the Photographer for the Photographer's time and talent. The Client agrees that they have viewed the Photographer's work prior to booking and agrees that they are satisfied with the type and style of the work that the Photographer does.
CONFIDENTIALITY: we shall not disclose to any third parties any personal data or confidential information relating to the Client unless and except if: (a) such disclosure is permitted under these Terms; (b) we otherwise have the Client's consent to do so; (c) we consider it appropriate in the proper conduct of the matter; (d) such information is already in the public domain; or (e) we are required or permitted to do so by law, or by a governmental, judicial or regulatory authority. We may collect, use and process information for or in connection with, amongst other things (i) the provision of the services and any purpose ancillary to the provision of the services (including, without limitation, performing appropriate anti money laundering/financing of terrorism procedures, undertaking conflict of interest checks, archiving, client and matter management) and/or (ii) otherwise in connection with our business (including, without limitation in connection with marketing, business development, know how, credit control and debt management, analysis of our business and generation of internal reports and accounts and assessment of legal and financial risks to our business). We take reasonable steps to protect information that we hold from unauthorised access, modification or disclosure. We reserve the right, to be exercised by us in our absolute discretion, not to disclose to the Client any information relating to any person other than the Client that we receive. The Client specifically consents to any collecting, processing and disclosing of personal date or confidential information as referred to above and as required in connection with the provision of the photography services, including the transfer of information in accordance with applicable laws, both to and from the EEA (which for these purposes shall include Jersey) including to jurisdictions where data protection laws may be weaker than those within the EEA.
SEVERABILITY: if any provision of these Terms is held to be invalid or unenforceable under any applicable, the validity of these Terms as a whole shall not be affected, and the other provisions shall remain in full force and effect.
GOVERNING LAW: these Terms shall be construed, interpreted and governed in accordance with the laws of Jersey and the parties hereby irrevocably agree that the courts of Jersey are to have exclusive jurisdiction to settle any dispute which arise out of or in connection with these Terms and that accordingly any suit, action or proceeding arising out of or in connection with these Terms shall be brought in such court.
CANCELLATIONS: As a result, once a booking is Confirmed, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule: (i) When a client cancels a confirmed booking within 10 business days of any confirmed date a fee of 30% of the booked time rate will be charged; (ii) When a client cancels photography within less than 10 business days of any confirmed date, a fee of 50% of the booked time rate will be charged; (iii) When a client cancels photography within less than 3 business days of any confirmed date, a fee of 75% of the booked time rate will be charged; (iv) In addition to this cancellation fee, the client will be charged for any expenses already incurred by The Studio_M.
22(d) If Studio_M – with the agreement of the client – cancels a shoot due to inclement weather/lighting conditions or any other reason beyond Studio_M's control and the client is unable or unwilling to arrange or agree a suitable new date within either a reasonable and mutually agreed timescale OR 1 calendar month, then the client will be liable to pay 50% of the booked time rate plus any expenses already incurred by Studio_M.