Terms & Conditions
1. Definitions
“The Photographer” means Soul Media Ltd, 5A5 Hamilton House, 80 Stokes Croft, BS1 3QY, Bristol. “The Client” means any person, body of persons, firm or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer upon booking.
2. Acceptance of Terms and Conditions
All contracts and transactions between the Photographer and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Photographer and all or any of its Clients.
3. Conduct
The Photographer agrees to conduct themselves professionally and neither alcohol or any recreational drug substances will be consumed by the photographer whilst working. The Client shall be responsible for the behaviour of any persons or patrons when services carried out are within a private venue open to the public. The Photographer reserves the right to terminate any booking without notice if he deems the Clients or patrons behaviour to be unruly or unsafe. In such instances, the Photographer reserves the right to charge his full fees and expenses as described in clause 4 of these Terms and Conditions. The Client will fully reimburse the Photographer or his agents for any loss/damage they cause to property or equipment.
4. Delivery of Products and Services
Products, Services and deliverables will be outlined to the client by the photographer at the time of booking. The supply of products and services are provided by the Photographer on a best endeavours basis. The Photographer will not be liable for delays that are beyond his reasonable control. The Photographer shall use reasonable endeavours to meet agreed deadlines where applicable. The Photographer shall not be liable for any delays in meeting any of his obligations which were due to causes beyond his reasonable control including but not limited to; delay in client response, postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit etc.
5. Fees and Expenses
All prices quoted to the Client apply only to the original job description and specifications given to the Photographer by the Client. The Photographer reserves the right to make additional charges for fees and expenses should these descriptions or specifications differ or change before or during the booking. Wherever possible, the Photographer shall endeavour to provide an indication of what these additional charges will be.
6. Payment Terms
For all new Clients, payment for all products and services provided by the Photographer must be made prior to the date of the booking. The Photographer reserves the right to deny services if payment has not been made in full prior to the date of the booking.
For authorised account holders, payment of the Photographer’s invoice must be made within 14 days of the date of that invoice. The Photographer reserves the right to withdraw account facilities and services without notice should the Client fail to pay the Photographer’s invoice(s) within 14 days. Furthermore, if the Client fails to pay the photographers invoice within 28 days the photographer reserves to the right to charge a late fee
7. Cancellation Fees / Overruns
Unless otherwise stated if an event booking is cancelled by the Client less than a week in advance of the starting time of the event, the Photographer reserves the right to charge up to the full fee for the booking unless the date/slot can be re-booked.
For bookings cancelled up to two weeks before the start of the event, the Photographer reserves the right to charge up to 50% of the fee for the booking unless the date/slot can be re-booked
In addition For cancellations/postponements the Photographer reserves the right to charge his expenses. In such instances, the Photographer may charge in full for his expenses (e.g. including but not limited to: hire of specialist equipment, vehicles etc), that he may have incurred into while planning for the booking.
8. Travel
All travel expenses are quoted at the time of booking. For all bookings within Bath and Bristol travel is included. All other locations may be subject to an additional fee. This fee will be mutually agreed by both parties.
9. Rush Services
The Photographer reserves the right to make an additional charge should the Client request a rush service. This service is subject to availability and cannot be guaranteed.
10. Damage to Supplied Equipment
When the photographer is required to supply equipment with regards to any booking then the client is responsible for the behaviour of their guests using said equipment. This applies whether the photographer is present or not.
Any damage to provided equipment is to be repaired at the client’s expense, and the client will also be responsible for any loss of earnings whilst repairs are undertaken.
11. Retention of Title
The Photographer reserves the right to retain products, and/or all of the Clients materials in his possession until all monies owed to the Photographer have been paid in full. Furthermore, future bookings may be cancelled until payment has been made.
12. Representation
The Client shall ensure that there is an authorised representative present at the booking to ensure the correctness of the Photographer’s interpretation of the Clients brief. In the event of no Client representation, the Photographer’s interpretation of the brief shall be deemed as correct.
13. Delivery Shortages / Loss and Damage in Transit
Claims for damage, non-delivery or shortages will not be considered unless notified in writing within seven days of delivery.
The Photographer will make reasonable endeavours to ensure that items delivered by a third party are suitably packaged for transit. The Photographer cannot accept liability for loss or damage caused by a third party. For valuable items, the Client should take out suitable insurance cover. Clients who choose to have items returned to them without loss/damage cover do so at their own risk.
14. Liability
The Photographer is not responsible for compromised coverage due to causes beyond the control of the Photographer including but not limited to obtrusive guests, lateness of the client or guests, weather conditions, schedule complications, incorrect addresses provided to the photographer, rendering of decorations, or restrictions of the locations. In these cases The photographer is not held liable for missed coverage and will not be held accountable for failure to deliver images of any individuals or any objects.
The photographer is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage.
The photographer owns and secures high quality cameras, equipment, memory cards, and computers to photograph and process media. However, malfunctions can occur through circumstances beyond control. The photographer will not/cannot be held accountable or liable for any images lost or damaged including but not limited to equipment malfunction, natural disasters, technical errors, or computer malfunctions etc.
When the photographer is required to hire and/or supply specialist equipment with regards to any commission then the Client is responsible for the provision of suitable insurance cover for any third party person or persons using that equipment. This applies whether the Photographer is present or not.
The Client agrees that in all dealings with the Photographer, the Photographer’s liability will be limited to the following sums: Public Liability: Limit of indemnity – £1,000,000. Professional Indemnity: Limit of indemnity – £100,000.
15. Exclusivity
If any other photography company is present without prior agreement with the Photographer, the Photographer reserves the right to invoice the Client for any loss of earnings incurred. This also includes press and other media photographers. In addition the photographer is not responsible for compromised coverage resulting in non-delivery or shortages of media.
16. Copyright and Ownership
In accordance with the Copyright, Designs & Patents Act 1988, the copyright of all media created by the Photographer is owned by the Photographer. Unless otherwise stated, the licensed reproduction rights allow use of any media created by the Photographer for the client, for clients printed media, social media, clients website and promotional posts and/or articles published by a third party to the benefit of the client. Where a client releases media to a third party within the agreed intended purpose, credit to the photographer must be included. Unless the Photographer gives prior written authorisation, the Client is forbidden by law to copy, reproduce, modify or redistribute any media created by the photographer and agrees that all, reproductions, modifications, prints or copies of any type made from media created by the Photographer shall only be carried out by the Photographer. The licence to use such media is granted to the Client on the understanding that all invoices are paid within the Photographer’s stated payment terms.
Reproduction rights (if and when granted) are strictly limited to the use specified on the Photographer’s invoice and/or quotation. An agreement must be reached with the Photographer before the pictures are used for a different purpose or after the licence to use has expired. The Photographer reserves the right to charge an additional fee if the media are used for purposes other than what is agreed.
If the Client wishes to acquire shared or full copyright of media created by the Photographer, an additional fee will apply. This fee will be mutually agreed by both parties. The shared copyright will only become applicable after this payment has been made in full.
In instances where the Client requests copies from media that they have supplied, all work is undertaken on the assumption that the Client has obtained written permission from the legal copyright holder for copies to be made. The Client agrees to fully indemnify the Photographer in respect of any claims or damages or any costs arising in respect of claims for copyright violation made by a third party.
All original digital files created by the Photographer remain the property of the Photographer.
The Photographer reserves the right to make reproductions of images created during bookings for marketing, promotional, competition and editorial purposes.
17. Confidentiality
The Photographer acknowledges that in the performances of the services, he may receive information from the Client which is designated by the Client as confidential. Upon request from the Client, the Photographer agrees to keep this information secret and not to disclose such information to other parties except as required by law.
18. Images/Data Supplied in Electronic Format
For all images/data supplied to the Client in electronic format (including but not limited to electronic mail, CD’s/DVD’s etc), The Photographer will endeavour to ensure that the data sent is not corrupt and is virus-free before despatch. The Photographer cannot be held responsible for any damage, disruption and/or loss of any kind that said media may cause to the Clients computer or data. The Client agrees to ensure that data sent to the Photographer is not corrupt and/or virus-free.
19. Law
This Agreement shall be subject to and constructed according to English Law and the parties agree to accept the exclusive direction of the Courts of England.