Terms and Conditions of Business
Note: Please see the Appendix for a list of definitions.
In paying your booking deposit you agree to accept these terms and conditions. You can continue to pay the balance anytime up to your wedding day either in full or in instalments of any amount by logging in to your client portal. If for any reason you cancel your booking you will loose your deposit of €50 and the following cancellation fees will apply: cancel within 30 days of your wedding date – 50% of Classic Coverage; cancel within 90 days of your wedding date – 25% of Classic Coverage; cancel within 180 days of your wedding date – 10% of Classic Coverage. Any monies paid over and above these costs will be refunded within 31 days. If for any reason you would like to change the date of your booking you may do so if your new date is available, however if your chosen date is unavailable, cancellation terms above will apply.
1. ALL WORK SUBJECT TO THESE TERMS AND CONDITIONS
Any work of any description undertaken by the Photographer pursuant to an Order shall be subject to these Terms and Conditions.
The entire copyright in the Photographs is retained by the Photographer at all times throughout the world and nothing shall be deemed to be a release, transfer, assignment or other disposal of the Photographer’s right in the Material, save as
• Specifically set out in these Terms and Conditions, or
• May otherwise be agreed by the Photographer in writing.
3. OWNERSHIP OF MATERIALS
Title to all of the Photographs remains the property of the Photographer. If a Licence to Use the Photographs has been granted by the Photographer to the Client, when the Licence to Use the materials has expired the Photographs must be returned to the Photographer in good condition or destroyed or put beyond use within 30 days.
In consideration of the Price, the Photographer will undertake such work as is necessary to fulfil the requirements of any order.
In consideration of the Photographer’s agreement to produce the Materials the Client will pay the Price in accordance with the provisions set out in these Terms and Conditions.
An Order shall be subject to the following provisions :
• The Photographer shall be entitled to require a deposit payment on account of the Price in such sum as may be agreed between the Photographer and the Client prior to the taking of any steps to create the Material.
• In the event of a cancellation of any Order by the Client, in addition to any entitlement to claim damages for losses arising from such cancellation the Photographer shall, in any event, be entitled to retain the deposit paid and/or agreed.
• The Photographer shall be entitled to agree to regard any Order that is not evidence in writing as invalid.
• The Photographer licences the Client to utilise the material produced as a result of the Client’s Order to the extent set out in writing between the Client and the Photographer in the Booking Form or as otherwise agreed in writing between the Client and the Photographer in line with these Terms and Conditions. Any breach of such licence shall automatically revoke such licence without any requirement for the Photographer to provide notice of such automatic revocation.
• The Photographer shall be entitled to sub-contract his obligations under an Order at his discretion.
• Save as otherwise agreed between the Client and the Photographer, the Photographer shall be entitled to use his judgement regarding the style and artistic input in the production of Material.
• The Photographer shall not be liable to the Client for any failure, in whole or in part, to fulfil his obligations under an Order where failure arises as a result of any event or circumstances beyond his control, which may include (but which is not limited to ) equipment failure, inclement weather, illness or injury.
• On completion of the Photographer’s obligations under an Order, the Photographer shall deliver an invoice for the Price to the Client and the Client shall pay the Price (or any balance of it) within 30 days of the date of the invoice. Any sum outstanding after the expiry of 30 days shall have the following consequences:
Interest at a rate of 8% per annum shall accrue in respect of any outstanding sum.
Any licence granted by the provisions this agreement and any other additional terms and agreed between the Client an the Photographer shall be automatically revoked and shall only be capable of reinstatement upon payment of any outstanding sum plus interest and other costs incurred by the Photographer.
Artistic direction will be provided during the shoot day(s) by a Client representative who shall have authority and final decision power to approve setups and/or view digital representations either on screen of a camera (or computer workstation, if contracted for) for the purpose of providing final approval on location of all setups photographed and content produced. If artistic direction is not provided at the time of capture, photographer’s best judgment will be deemed acceptable. Changes desired by Client in scope or content of photographs after a location or photographs are completed will require re-shooting at Client’s expense.
7. DELIVERY OF MATERIALS
The Invoice shall list all the materials delivered to the Client. The materials shall be presumed to have been received in good condition unless the Client notifies the Photographer in writing of any discrepancy or error within 14 days of receipt.
8. PERMISSION TO REPRODUCE
Permission to reproduce a photograph is granted to the Client by the Photographer only when a fee for the reproduction has been agreed with the Photographer and an invoice has been issued by the Photographer and paid in full by the Client to the Photographer unless otherwise agreed with the Photographer.
Permission to reproduce a photograph applies only to the reproduction described herein or otherwise described in the Invoice or specified upon delivery. In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to the Photographer an unauthorised use fee of €100 per image or double the standard reproduction fee for the use concerned, whichever is the greater.
The right to reproduce a photograph granted by the Photographer is personal to the Client and may not be assigned or sold to any third party without the Photographer’s prior consent in writing.
The Client may not alter or add to or manipulate a picture by means of computer or any other technique or reproduce a picture in whole or in part as an element within, or as a montage within another picture without first obtaining the written consent of the Photographer.
The Licence to Use the Materials comes into effect from the date of payment of the relevant Invoice(s). No use may be made of the Photographs before payment in full of the relevant Invoice(s) without the express consent in writing of the Photographer. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the date nominated by the Photographer as being the due date or if the Client is put into receivership or liquidation.
The Licence only applies to the Client and the Material as stated on the Booking Form or agreed with the Photographer and its benefits shall not be assigned to any third party without the prior written consent of the Photographer.
Accordingly, even where any form of “all media” Licence is granted, the Photographer’s permission must be obtained before any use of the Photographs for other purposes e.g. use in relation to another product or sub-licensing through a photo-library. Permission to use the Photographs for purposes outside the terms of the Licence to Use will normally be granted upon payment of a further fee, which must be agreed as between the Photographer and the Client and paid in full by the Client before such further use.
Unless otherwise agreed in writing, all further Licences in respect of the Photographs will be subject to these terms and conditions.
The Client may be authorised to publish the Photographs to the exclusion of all other persons. However, the Photographer retains the right in all cases to use the Photographs and Material in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his work.
If the License to Use includes an exclusivity period, the Photographer shall be entitled to use the Photographs for any purpose after the expiry of said exclusivity period without further notice to the Client.
12. NON-COMMERCIAL IMAGE SHARING RESOURCES
The Client is expressly prohibited from submitting the Material to non-commercial image sharing internet based resources including but not limited to websites such as Facebook, MySpace, Picasa and Flickr, without first obtaining the express permission of the Photographer.
13. 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 in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his obligations in relation to the commission.
While the Photographer takes all reasonable care in the performance of this agreement generally, the photographer shall not be liable for any loss or damage suffered by the Client or by any third party arising from use or reproduction of any image or its caption.
The Client agrees to indemnify the Photographer in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any image supplied to the Client by the photographer including but not limited to any claim, damage or cost arising as a result of the Client allowing a photograph or a copy thereof to come into the possession of a third party without the prior written consent of the Photographer.
It is the Client who must satisfy himself that all necessary rights, releases or consents have 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 unless it is expressly agreed in writing between the Photographer and the Client that the Photographer shall have responsibility for obtaining certain expressed rights, releases or consents. In the event that the image is issued or reproduced by or with the authority of the Client then the Client shall indemnify the Photographer against any loss or damage, proceedings or costs where such rights, releases or consents have not be obtained.
Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise at their request, the Client shall give approval to and be liable to pay such extra expenses or fees at the Photographer’s normal rate to the Photographer in addition to the expenses shown as having been agreed or estimated.
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
17. CANCELLATION AND POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his discretion, charge a fee for cancellation or postponement.
18. RIGHT TO A CREDIT
The Photographer’s name is to be printed on, or in reasonable proximity to all published reproductions of the Photographs.
19. ELECTRONIC STORAGE
Save for the purpose of production of the photographs for the Licensed Use, the Photographs may not be stored in any form of electronic medium without the written permission of the Photographer.
20. APPLICABLE LAW
This agreement shall be governed by the laws of the Republic of Ireland.
These Terms and Conditions shall not be varied except by agreement in writing unless otherwise agreed as between the Photographer and the Client.
22. ENTIRE AGREEMENT
An Order, as evidenced by information on the Booking Form and as governed by and as read together with these Terms and Conditions shall form the entire agreement between the Photographer and the Client, save as may be otherwise agreed in writing.
APPENDIX: INTERPRETATION AND DEFINITIONS
For the purpose of this agreement, the following works and expressions shall have the following meanings:
“The Photographer” means Darren Forde trading as Darren Forde Photography or Darren Forde Wedding Photography or any variation of the name Darren Forde.
“The Client” shall mean the person identified as the client or customer on the Booking Form and/or where no booking form exists, the person, entity or company identified in the print release. For this purpose the Client shall where the context so admits or requires include their respective assignees, sub-licensees and successors in title. In cases where the Client is acting with the assistance or representation of an Agency or Advertiser all references to “the Client” shall be interpreted to mean the Agency or the Advertiser.
“The Booking Form” shall mean a form (whether or not printed on the reverse side of these Terms and Conditions) completed by the Client by which the Client instructs the Photographer to create Material.
“Material” and/or “Photographs” means all photographic material including but not limited to photographs, prints, transparencies, images, negatives, digital scans, digital files, digital image, design, artwork, montages, drawings, engravings including and other type of physical or electronic material and/or any other photographic product or other product comprising or containing reproduction of any form of photographic material and which may be offered for the purpose of reproduction and which has been created by the Photographer.
“Reproduction” includes any form of publication or copying of the whole or part of any photograph whether altered or not and whether by printing, photography, projection (whether to an audience or not), electronic or mechanical reproduction or storage, electronic transmission or for any use as an artist’s reference or illustration, or in a layout or presentation to include non-commercial image sharing internet resources.
“Order” means any order for Material placed by the Client with the Photographer as recorded on a Booking Form or in such other form as the Photographer may agree with.
“Price” means the price for an Order as set out on the Booking Form or agreed verbally.
“Services” includes all work carried out by the Photographer for the purpose of producing the supplying the Material and all Consultancy and Training Services provided by the Photographer as agreed between the Client and the Photographer.
“Commercial Use” includes all uses of the Material which are not for the personal use of the Client and uses for which the Client may have the possibility of financial gain.