Terms & Conditions

With apologies for the small print - but the small print is always important!

Andrew West Photography TERMS AND CONDITIONS

Definitions For the purposes of this agreement:

• "the Client" is the individual or business entity engaging the Photographer to provide the Images;
• “the Photographer” is Andrew West trading as Andrew West Photography; 
• “Images” means any images furnished by the Photographer, whether photographs, videos, prints or other type of physical or electronic / digital material. 

Acceptance

By Booking the Photographer you agree that any such Booking is subject to these Terms and Conditions.

Copyright and Ownership of Materials 

The entire copyright, title, and intellectual property rights of any Images will remain that of the Photographer at all times and throughout the world. 

Exclusivity 

The usage rights granted are personal to the Client and may not be assigned, nor may any image submitted to the Client be loaned or transferred to third parties (save for the purpose of the work by the Client of such reproduction/usage rights/PR). 

The Photographer reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client. The Photographer retains the right in all cases to use the Images covered by this agreement at any time and in any part of the world for the purposes of advertising or otherwise promoting his work. 

Use 

Images are to be used as agreed at the time of booking and at the time of agreeing the fee. The licence to use is limited to the use and period of time specified on the Photographers booking form and no other use may be made of the images without the Photographers express permission. 

An agreement must be reached with the Photographer before Images are used for any other purpose or after the licence to use has expired.   Manipulation of the Images or use of only a portion of Image may only take place with the permission of the Photographer. 

The Photographer asserts both his moral right to be identified as the author of his work and the right to a credit (where possible) is asserted in accordance with Sections 77 – 79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.  Please credit ‘Andrew West Photography’.

Booking 

The Client will be required to complete a Booking Form (via email or hardcopy). On receipt of a completed Booking Form, the Photographer will send an email as confirmation of the booking. The booking will then be confirmed ("the Booking").

Once the Client has made the Booking for a specific time and date and this date/time has been confirmed by the Photographer, the Photographer will not accept any other work from other clients for those times and dates. 

Cancellation or Postponement by the Client 

If the Booking is subsequently cancelled by the Client, a cancellation fee will be charged to the Client according to the following schedule: 

(i) If a Client cancels within less than 7 business days of any confirmed Booking, 20% of the fee will be charged; 

(ii) If a Client cancels within 48 hours of any confirmed Booking, 50% of the fee will be charged; or

(iii)  If a Client cancels on the day of the Booking, 100% of the fee will be charged.   

When a Booking is confirmed, if it is subsequently postponed, the Photographer will at her/his discretion charge a fee for postponement. 

In addition, the Client may be charged for any expenses incurred by the Photographer as a result of cancellation or postponement. 

Cancellation by the Photographer 

If the Photographer is unable to attend on booked date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding, vehicle failure etc the Photographer will use reasonable endeavours to put the Client in touch with another photographer. In the event of such cancellation by the Photographer, or in the very unlikely event of total photographic failure, the Photographer's liability shall be limited to a full refund of any fees paid to the Photographer by the Client at that time. 

Rejection 

Unless a rejection fee is agreed in advance, there is no right to reject the Images on the basis of style or composition. 

Fees, Charges and Timings 

If the Photographer provides a quote to the Client, the fee for the work will be charged in accordance with that quote. The Photographer usually requests a brief at the time of booking (via email or verbally) and the fee quoted for the assignment is based upon the time that the Photographer assesses will be needed to take the Images and then to process them.  The Photographer will confirm the duration of the photo or video shoot at the time of booking.  Where additional expenses or time are incurred or needed by the Photographer as a result of alterations to or additions to the original brief by the Client, or otherwise at the Client's request, the Photographer reserves the right to charge the Client for those additional expenses and fees.  Additional time charges will be calculated by reference to the additional time taken and the Photographer's hourly rate.

If the Client changes the length of the photo or video shoot, is delayed or running late and the assignment runs into extra time, the fee will increase as per the agreed hourly rate (with time charged in 15 minute units rounded up to the nearest 15 minutes).  The Photographer will make the client aware of timings and should the photo or video shoot run into extra time he will make the client aware of this and the associated estimated additional costs. If it becomes apparent when the photo or video shoot starts that the Client's requirements are more extensive than what was agreed in relation to the original brief, the Photographer will notify the Client of this and the associated additional expenses and fees that the Client will incur.  If the Client does no agree to pay those additional expenses and fees, the Photographer will not proceed with the assignment and this will be deemed to be a Cancellation by the Client. 

If incorrect information is given by the Client regarding a Booking (wrong location, wrong time etc.) or the Client fails to arrive at the agreed location or at the agreed time (or within 30 minutes of the agreed time), in the absence of agreement with the Photographer, this will be deemed to be a Cancellation by the Client, and the Photographer will be entitled to charge the Client the full fee. 

If on arrival at a Booking there is an issue (outside of the Client or Photographer’s control), such as bad lighting or restrictions are in place which prevent the shoot from taking place, the Photographer may charge a fee based on his hourly rate for the time lost by him as a consequence of the aborted shoot. 

Quoted fees include mileage for round trip travel of up to 20 miles from CO4 6NX. Additional mileage will be charged at 45 pence per mile thereafter. Any congestion charges, road toll charges and parking costs will be billed to the client as a Photographer expense and will be added onto the invoice. 

Right to a Credit 

The Photographer asserts both his moral right to be identified as the author of his work and the right to a credit (where possible) is asserted in accordance with Sections 77 – 79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.  Please credit ‘Andrew West Photography’.

Client confidentiality 

The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him without authorisation by the Client.

Liability and Indemnity 

It is for the Client to ensure all necessary rights, model releases or consents which may be required for reproduction of Images, are obtained by the Client and it is acknowledged that the Photographer gives no warranty or undertaking that any such rights, model releases or consents have been or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any Image.   In the event that the Image issued or reproduced by or with the authority of the Client does not have the necessary rights, releases or consents, then the Client shall indemnify and keep the the Photographer indemnified against all expenses, damages, claims, legal costs or without limitation any other sums or losses arising out of any such failure by the Client. 

Archiving of Images 

All final images will be stored and archived by the Photographer for 1 year from the date of capture.  If archived photographs are required after that time or additional storage time is required an administration charge may be charged by the Photographer to the Client.  

If the photographer loses images stored in archive beyond one year of storage or they are stolen the photographer is not liable.

If The Photographer loses images stored in archive or they are stolen, The Photographer is not liable beyond 1 year of storage.  Within 1 year, The Photographer is liable to the cost of the originals (a return of the original fee).

The Photographer's liability in claims of breach of contract or negligence in respect of the Images is limited to the Fee agreed and paid by the Client.

Variation 

No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties. 

Payment Terms and Payment 

Payment terms are strictly within 7 days from the date of the relevant invoice (“the Due Date”) unless agreed in advance and in writing.

The Photographer reserves the right to charge interest on later invoice payments at the rate prescribed by the Late Payment Of Commercial Debts (Interest) Act 1998 (at present 8%) for all calendar days from the Due Date until the date payment is received  by the Photographer in cleared funds. 

If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due with immediate effect, even if they less than 7 days from the issue date, and that the Photographer may consider these invoices as overdue when pursuing legal action for the recovery of said debts. 

Payment by BACS is preferred and bank details will be provided on the invoice. I also accept payment by cheque (made payable to “Andrew West”).