When booking a session, you agree to these terms of service upon paying your booking retainer fee.
Definitions
This agreement is between Fast Snaps Photography (“Photographer”) and [You] (“Client”) which includes Clients principals, employees, affiliates and representatives. Client agrees that they have the legal authority to enter into this agreement on behalf of their employer, company or organisation. Photographers relationship with Client is that of an independent contractor.
”Image(s)” means the photographic material, whether still or moving, created by the Photographer pursuant to this agreement and includes, but is not limited to, transparencies, negatives, prints, or digital files, that were captured, recorded, stored or delivered in any type of analogue, photographic optical electronic, magnetic, digital, or any other media.
Usage rights and ownership
Client acknowledges that Photographer is the author of the image(s) and also the first and sole owner of all copyrights of the image(s). The image(s) and all copyrights remain with the exclusive property of the Photographer without limitation. All usage rights to the image(s) specifically granted by the Photographer to the Client appear on this agreement.
Images are licensed for specific use(s) and are not sold
Client understands and agrees that they are not buying the image(s) but they are paying for a license to use the image(s) as specified on this agreement.
The term of license begins from the date Photographer receives full payment of invoice and upon delivery of image(s).
Unless otherwise agrees, Photographer retains the right to use the image(s) for his self-promotion.
Photographic integrations and alterations
Client will not make or permit any alterations, including, but not limited to, filters, additions, subtractions, or adaptations, with respect of the image(s), alone or with any other material, without the prior permission of Photographer.
All sessions include editing which consists of changes to the background, colour, crop, contrast and exposure at the photographers discretion.
Payment
Time is of the essence for receipt of full payment under this agreement.
No rights are granted until Photographer has received full payment, including, if applicable, any late payment charges.
Unless otherwise agreed, the use of any image(s) prior to full payment will be considered unauthorised use. Client agrees that the amount that will be paid to Photographer for unauthorised use will be double the invoice total.
Where usage rights before full payment are granted, Photographer reserves the right to rescind any such usage rights if Client fails to make timely payment.
All invoices are due within 7 days of receipt. Adjustments of amounts or terms must be requested within 2 days of invoice receipt.
Photographer does not provide any receipts to Client. Photographers invoice will serve as Clients receipt for work performed and services rendered. Bank transfer fees are the responsibility of the Client.
Cancellations and postponements
A 50% retainer fee is due to hold your date for all events and sessions. For events over £500 full payment is required to save the date. This deposit is non refundable. The remaining balance is due on the date of your session or event and must be paid before the photography begins. If you cancel your retainer is forfeited and may not be applied to a future session. If you do not cancel at least 24 hours before and the Photographer arrives at the location of the session you will be responsible for paying the remaining balance.
Failure to perform
If Photographer is unable to supply his photographic services due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond his control, then Photographer will attempt to procure the services of another professional photographer to fulfil his obligations. If that does not succeed, Photographer will return any fees paid by Client and will have no further liability with respect to this agreement, and Photographer will not be responsible or liable for any other damages beyond the amount of this agreement.
The limitation of liability will also apply in the event that any image(s) is lost or damaged through equipment malfunction, or otherwise, without the fault of Photographer.
Kill fee
Provided that Photographer has executed the photography assignment in a professional and competent manner, Client agrees to pay Photographer all fees and expenses in connection with said assignment, whether or not Client uses any image(s).
Archiving digital files
While Photographer may choose to archive the image(s), it is the Clients responsibility to properly store and archive the image(s) for the duration of the term of license. Photographer cannot guarantee the availability of any image(s) beyond the date of first delivery to Client.
Client is aware that optical, magnetic, electronic, and any other, media for storing digital data are inherently unstable. Client hereby releases Photographer and his contractors, and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by Photographer becoming unusable.
All digital files created by, or on behalf of, Client that contain any image(s) will be deleted or destroyed within 10 days after the expiration date of license.
Any requests for the Photographer to reproduce images that were already delivered will incur a £50 processing fee.
Session/event terms
Sessions and events will be conducted at a location agreed upon between the Client and Photographer. The Photographer will not trespass or use any property/locations that are considered unlawful to do so. The Photographer is bound by any rules stated for the property or location. If the Client wishes to shoot on private property or land it is the Client’s soul responsibility to get authorisation from the owner beforehand. The Photographer is not responsible for hazards at the property or location and the Client agrees to enter into the session at their own risk.
No other photographers/videographers are permitted during the session or event unless agreed to in writing prior to the date by Fast Snaps Photography. Client or guests will refrain from taking mobile phone images and videos during the session unless agreed upon by the Photographer.
Acceptance of terms
Client may not assign or transfer this agreement or any rights granted hereunder. This agreement is binding upon, and inures to the benefit of, Client and Photographer, as well as their respective principals, employees, representatives, and successors. Client and it’s principals, and employees, are jointly and severally liable for the performance of all payments and other obligations hereunder.
No amendment or waiver of any items is binding unless set forth in writing and signed by all parties. Email and electronic signatures will be considered legal and binding. However, the invoice may reflect, and Client is bound by, Clients oral authorisation for any additional image(s), fees, and expenses, that could not be confirmed in writing due to the immediate proximity of completing the photography assignment.
The agreement will be deemed to be a contract made under the laws of the United Kingdom, and for all purposes will be interpreted in its entirety in accordance with these laws. Client specifically and irrevocably confers personal jurisdiction over it by the courts of the United Kingdom. Client will pay all arbitration and court costs, reasonable legal fees, expenses, and legal interest, on any award or judgment in favour of Photographer.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
In addition to oral and written agreements, placing a retainer fee for a future session/event and/ or of any image(s) by Client will constitute acceptance of all the above terms and conditions.
This agreement constitutes the entire and only agreement between Photographer and Client with respect to its subject matter and supersedes all previous agreements, understandings, and communications, whether oral or written, between the two parties with respect to the subject matter hereof.