Terms and conditions – commercial photography
In the following terms & conditions “the photographer” shall mean Ruth Damm trading as Ruth Leavett Photography. “The clients” shall be those persons defined as acquiring the services of Ruth Leavett Photography. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing.
The German Copyright Act of 9th September 1965 (“Gesetz über Urheberrecht und verwandte Schutzrechte”) assigns copyright of the images to the photographer.
2. LICENSE TO USE
i. The photographer grants the client world-wide unlimited usage rights for an unlimited amount of time, in an unlimited amount of mediums (eg, online and print) for promotional and advertising purposes of the client, as long as the images remain unaltered and textual credit is explicitly given to the photographer where appropriate.
ii. The client may not sell ownership of the images to others, or sell the images directly for profit.
iii. Unless explicitly agreed with the client, the photographer will not share or distribute images captured on this commercial contract.
3. CREATIVE LICENSE, COVERAGE AND REPRODUCTION
i. Photographs taken during the course of the event / photo shoot will be at the discretion of the photographer although every effort will be made to comply with the clients requirements.
ii. Every effort is made by the photographer to comply with any requests for specific photographs given by the client, but the photographer does not guarantee any specific picture nor that any specific background or location be incorporated due to changes in weather and the availability and willingness of subjects.
iii. Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs.
iv. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.
v. Unless a rejection fee has been agreed in advance, the client has no right to reject the images on the basis of style or composition.
i. It is the client who must satisfy himself/herself that all necessary rights, model releases, clearances or consents which may be required for reproduction of people, places or items depicted within any works are obtained.
5. PAYMENT & EXPENSES
i. A non-refundable booking fee of 50% of the estimated overall balance will confirm the client’s booking, as well as full acceptance of the ‘terms and conditions (commercial photography)’ as published on the photographer’s website. The booking fee will be deducted from the cost of the client’s chosen package when calculating the final balance due.
ii. Payment in full of the remaining balance, including any extra hours needed on the day, will be due the day following the event or shoot.
6. FORCE MAJEURE
i. In the very unlikely event of cancellation by the photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid.
ii. If the photographer is unable to attend on the date of the shoot due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown etc. every attempt will be made to find a replacement photographer. If no replacement is found, liability shall be limited to a full refund of any fees paid.
7. DIGITAL NEGATIVE FILES
i. All digital negatives (the raw computer files) remain the property of the photographer, and will not be provided by the photographer to the client. The client receives a copy of the edited digital negatives (in high resolution jpeg format) for their own commercial use.
ii. Should the digital negative files be lost, damaged or destroyed for reasons beyond control, the photographers liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received.
8. PERSONAL ACCIDENT
i. Any directions issued to clients 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.
9. CANCELLATION FEES
i. If the client should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation:
ii. Cancellation from the booking date and more than one week to go until the event or photo shoot; the booking fee of 50% of overall balance.
iii. Cancellation with less than one week to go until the event or photo shoot; full price for the complete photographic coverage booked.
i. The photographer will endeavour to deliver the edited digital negative files as quickly as possible. This usually takes up to 3-5 weeks for commercial photography during busy periods.
If you have any further questions or need anything clarifying, please feel free to contact me and I will do my best to accommodate you. My main concern is that we make our working together a positive experience!