Agreement /Terms and Conditions for Photography Commissions for Private and Business Clients.
- These general terms & conditions apply to all private and commercial commissions performed by Nadine Platt.
Not all points in this document will be relevant to all types of commission.
- Gift vouchers for private commissions: A gift voucher is a certificate for prepaid photography services. Vouchers are only valid upon receipt of full payment and must be presented for redemption. Vouchers are valid only for the individual named in the voucher. They are not transferable and must not be sold, traded, auctioned or used in prize draws, competitions and similar events. Transfer of vouchers at the discretion of the photographer.
Vouchers cannot be used as security for debt and other obligations. Vouchers have no cash value, cannot be redeemed in cash and cannot be returned for a refund. Vouchers are valid for the period stated on the voucher, after which they expire. Redemption after expiry date at photographer’s discretion. Vouchers are the property of Nadine Platt. Services and products specified in the voucher and prepaid are guaranteed for the named individual before the expiration date. Extras – such as travel expenses, framing, etc. – are chargeable as per the price list current at the date of order, unless prepaid with the voucher.
- Travel Expenses: If the photo session is to take place in a location other than the photographer’s studio, appropriate travel expenses may be charged. Client will be advised of amount of travel expenses before commissioning.
- Deposit and Payment: For large private projects such as Parties or Weddings or for any commercial /corporate projects a deposit of 50% of the quoted price is required to retain the photographer to perform the services agreed. The deposit will be applied towards the total cost of the service. Third party expenses (e.g. makeup artist, model etc.) and travel are payable with the deposit. The balance is due on the day of the photo session for Private clients, for wedding commissions two weeks before the wedding date. For Commercial clients the balance is due on the viewing day. Images can only be submitted to a client after the balance / or-all the money for a commission is paid. Extras and options are payable when ordered. Gift vouchers are payable in full on order, including travel expenses (if any). Travel expenses for gift vouchers are estimates and may be updated to reflect the cost of travel at the date when the voucher is redeemed. For any smaller projects such as a Family portrait or similar, a full payment will be collected on the pre-view day of the photographs (a selection session) before ordering the final photo product in digital or printed form.
- Cancellation policy and re-scheduling: Deposits paid for photo sessions are not refundable in case of cancellation but can be transferred to an alternative date (3 days minimum notice). In case of cancellation, client may be liable over and above the deposit for additional, pre-agreed expenses already incurred by the photographer. For gift vouchers, a cancellation fee may be charged to the value of the gift voucher or service already pre-paid. Third-party services (e.g. makeup artists, hair, etc.) are subject to the cancellation policies of the respective providers. Pre-agreed and not cancellable special equipment, props, location, etc., hire or purchase is payable in full in case of re-scheduling or cancellation.
- Late payments and non-payments: If the client refuses delivery of the order or refuses to pay within the period stated in the invoice, the client is in default and shall pay interest charges of 9% per annum of the outstanding amount plus an administrative fee of £5.00 per month, calculated from the original due date until payment is made in full. Expenses to recover money owed, e.g. court fees and debt collection agency fees, etc., will be added to the outstanding amount.
- Prints and other products: Prices for prints and other products are as per price list current at the date of ordering.
- Selection of Images: Unless otherwise agreed or offered, client will select photographs for printing or digital creation from a set of contact sheets or suitable alternative provided in print or digitally, or during a selection session at the photographer’s studio, or in rare cases on the premises of the client.
- Timeliness and Mode of Delivery: Photo session proofs are available on average within three days of the photo session for Portraits and up to 4 weeks for weddings or commercial commissions. Prints and other physical products are delivered by Royal Mail or courier service. Digital files are made available for download or delivered on DVD/CD/USB by Royal Mail or courier or collected in person by a client.
- Returns Policy: Faulty or damaged items: If the client is returning a print or any other tangible item of Nadine Platt’s photography because it is faulty or damaged, Nadine will replace the item free of charge upon receipt of the faulty or damaged item. Incorrectly ordered items: Every photograph is produced specifically for you and cannot be sold to anyone else (Copyright Law applies). It is therefore not possible to return incorrectly ordered items for a refund or replacement.
- Copyright and Reproductions: The photographer Nadine Platt owns and retains the copyright in all images created by her and has the exclusive right to make reproductions from those images. Unless otherwise agreed, reproductions will only be made for the client and as specified under “photographer’s usage”.
- Reservation of Rights: All rights not expressly granted are reserved to the photographer, including but not limited to all copyright and ownership rights in photographic materials, including digital media. Client shall not modify any photographic materials without the specific, written consent of the photographer.
- Photographic Materials: All photographic materials, including digital files, contact sheets, proofs and previews are the exclusive property of the photographer.
- Client’s Usage: For private commissions, photographs may be used for private, non-commercial purposes and for the client’s own self-promotion. Digital files may be used on the client’s private, personal website, blog, business website, employer’s website and on social and professional networking sites, subject to Authorship Credit. The client may not sell or trade prints and digital files created by Nadine Platt. For all other commissions, usage as per agreement. The photographs from a commercial (non-private client) assignment may be used for a period of one year for the agreed purpose in the agreed media and the agreed locale, unless otherwise agreed.
- Authorship Credit: Authorship credit shall accompany the photographs when they are reproduced, unless otherwise specified. If the required authorship credit is omitted, the parties agree that liquidated damages for the omission shall be three times the invoiced amount.
- Specimen copies and samples: Client shall provide the photographer with 2 copies of any usage or advise page URLs of Internet usage.
- Additional Usage: If the client wishes to make additional uses, permission from the photographer is required and the payment of an additional fee may be requested.
- Unauthorised Usage: Any usage, which is not expressly permitted is considered unauthorised. A fee may be charged for any unauthorised use at a rate of three times the invoiced amount or three times the amount, which would be chargeable for similar work.
- Re-shoots and Adjustments: If the photographer is required by the client to re-shoot the assignment, additional fees and expenses are charged in full. The photographer shall be given first refusal to perform any re-shoot. Should the client require any additional adjustments after the images has been accepted by her client, such as re-sizing of photographs or any other modifications, the photographer retains the right to charge additional fees.
- Assignment: Neither this agreement nor any rights or obligations hereunder shall be assigned by either of the parties, except that the photographer shall have the right to assign money due hereunder. Both client and any party, on whose behalf the client has entered into this agreement, shall be bound by this agreement and shall be jointly and severally liable for full performance hereunder, including but not limited to payments due to the photographer.
- Photographer’s Usage: Unless otherwise specified in the agreement, the photographer may use the photographs for her own self-promotion, including her portfolio, online portfolio, window display, printed marketing materials, articles written about the photographer, the photographer’s own book projects, exhibitions or photographic competitions, including print sales resulting from exhibition. For private commissions, intimate photographs (nudity, lingerie) are always entirely private and will never be shown to anybody else, except where printing work is carried out by a contracted lab. Under no circumstances will photographs from a private commission be sold to anybody but the client. If the subject of an editorial or other commercial commission is a person, the photographer may offer to sell prints and digital files to that person after the client’s first publication date.
- Failure to perform: If the photographer cannot perform this agreement due to any Force Majeur situation example:
casualty, accident, illness, fire, act of God, terrorism, equipment malfunction or other cause beyond the photographer’s control, the photographer will offer to re-schedule at no extra cost to the client or return the deposit to the client but shall have no further liability with respect to this agreement. In the event that the photographer fails to perform for any other reason, the photographer is not liable for any amount in excess of money already received from the client. The photographer shall have no further liability for losses, including consequential losses, incurred by the client.
- Loss and damage of materials: In the event that photographic materials are damaged in processing, lost through equipment malfunction, lost in the mail, or otherwise lost or damaged, the photographer will offer to re-shoot at no extra cost to the client, but shall have no further liability for losses, including consequential losses, incurred by the client.
- Travel & Transport: It is agreed that the photographer is not liable for any expenses, losses, damages or consequential damages and losses as a result of delays, cancellations, strike action, accidents, breakdowns or Acts of God or terrorism in travel or transport that prevent him from getting to the agreed location.
- Parking at the studio including manoeuvring and reversing is at drivers’ own risk.
- Inherent Qualities: The client is aware that colour dyes in photography may fade or discolour over time due to the inherent qualities of dyes. The client releases the photographer from any liability for any claims based upon inherent qualities.
- Releases: The client shall indemnify and hold harmless the photographer against any and all claims, costs and expenses, including legal fees, due to uses for which no release was requested, uses, which exceed the uses allowed pursuant to a release, unauthorised uses, and all other uses by the client. It is understood that the client obtains any necessary releases, unless otherwise agreed, and that the release also covers photographer’s usage as outlined above.
Miscellaneous: This agreement and Terms and Conditions incorporate the entire understanding of the parties. Any modifications of this agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this agreement. This agreement shall be governed by the laws of the United Kingdom.