TERMS AND CONDITIONS
COMMERCIAL
PHOTOGRAPHY
All services are subject to the following terms and conditions
DEFINITIONS
For the purpose of this agreement ‘the Client’
is the person, body of people, organisation or company and their agents
or assignees that commissioned the services of FotomazeStudio.
'Images' are all photographic material, graphic design work, digital art,
illustration, text, and other works in the form of printed media or in
any electronic form on CD, DVD or on the Internet, or parts thereof produced
by photographers working on behalf of ‘FotomazeStudio’, Lee
Searle and John Ailes (later stated only as 'FotomazeStudio').
COPYRIGHT
'FotomazeStudio' reserves the right to use external contractors to produce
work where necessary. The original creator, photographer or designer owns
materials and the Copyright for all images. No image or part thereof may
be copied or reused in any form without the written consent of the copyright
holder.
All work produced for each individual client is for that client only and
may not be transferred without the written consent of 'FotomazeStudio'.
The client shall not ‘pass on’ any images to be used by another
party or in conjunction with another party.
The photographer working for 'FotomazeStudio' retains the right in all
cases to use the photographs in any manner at any time and in any part
of the world for any purpose. No work is exclusive to the client unless
agreed in writing.
INDEMNITY
'FotomazeStudio' shall not be liable for any legal action, claim or damages
resulting from or arising out of the publication of any images or other
use by the client. The client shall indemnify 'FotomazeStudio' against
any claims or damages against them including reasonable counsel fees.
PRICES
'FotomazeStudio' reserves right to change the pricing without prior notice.
Regardless of any price changes the client will pay the price current
at time of booking. Once the deposit has been received the price is fixed
and can not be changed.
PAYMENT
Prior to commencement of any work 50% of the fee is payable on fees of
£250 and over. Under £250 payment in full will be required.
Any balance will be due within 30 days of the receipt of the relevant
invoice.
Unpaid invoices will be charged interest at 5% plus any administrative
costs and any work may be halted until payment has been received in full.
‘FotomazeStudio’ will vigorously pursue any overdue debts
and may employ third parties to recover the debt.
CLIENT APPROVAL
The interpretation by photographers, working on behalf of 'FotomazeStudio',
of any brief shall be deemed as correct. It is the clients’ responsibility
to ensure that a full and comprehensive brief is supplied.
CANCELLATIONS
The client is responsible for payment of all expenses incurred up to the
time of cancellation, plus 50% of the fees. If notice of cancellation
is given less than 2 business days before the shoot date, the client will
be charged 100% of the photographer’s fees.
RESHOOTS
100% of all costs and fees will be charged for any photographic reshoot
requested by the client after the initial shoot by 'FotomazeStudio'.
RE-DESIGN AND PRINT WORK
100% of all costs and fees will be charged for any design, print or illustrative
work carried out after the initial design has been completed.
The client shall advise 'FotomazeStudio' or its photographers of any changes
to be made, immediately after the first viewing of proofs. Excluding spelling
errors any changes after this will incur further costs. Once an order
has been agreed to and sent to print no changes can be made, unless all
redesign and print charges are paid. It is the responsibility of the client
to ensure the work is correct and that all proofs are checked thoroughly.
Printed material will be contracted out to an external printing company.
The company may vary and is chosen for each individual job on the basis
of cost and quality.
Due to the nature of printed media exact colour matches cannot be guaranteed.
Slight deviations in colour and quantity will not be regarded as defects
by ‘FotomazeStudio’ or by the print company.
FINISHED PACKAGE
Prints, DVD’s and other package items cannot be delivered by a specific
date due to unreliability of postal services and suppliers’ services.
It can take three days to six weeks for print finishing and packaging.
We will only send packages out once all parts are completed.
AGREEMENT
These are the business terms of 'FotomazeStudio'. Only on the agreement
of these terms can 'FotomazeStudio' and its photographers commence with
any commission.
WEDDINGS
All services are subject to the following terms and conditions.
PRICE
’FotomazeStudio’ reserves the right to make changes to pricing
without prior notice. Regardless of any price changes the client will
pay the price current at time of booking. Once the deposit has been received
the price is fixed and cannot be changed.
DEPOSIT
A deposit of 50% is required to confirm the booking. Dates are reserved
only when this has been paid to ‘FotomazeStudio’. The deposit
is only refundable within the first 14 days of booking after which the
deposit will not be refunded under ANY circumstances. THE DEPOSIT IS NON-NEGOTIABLE.
BALANCE PAYMENT
The remainder of the payment is due NO LATER than the day of the wedding
ceremony. Payment for additional prints, albums and frames must be made
at the time of ordering. ‘FotomazeStudio’ reserve the right
to charge 5% per calendar month or part thereof for which the balance
remains unpaid. Failure to pay the balance may result in no photographic
coverage of your wedding. A delay in payment WILL result in a delay of
ordered items being dispatched, as other clients who have paid on time
will take priority.
FEES
The fees include all photography as stated in the booking confirmation
details, consultations, a DVD containing the ‘digital images’
and other items if applicable, depending on the agreement with the client.
All travel expenses are also included for the radius of 20 miles from
Penzance (Cornwall); travel to outside this radius will attract further
costs. Where the photographer has been booked for a specific time period
an overtime fee of £150 per hour or part thereof will be charged.
DVD/CD and/or prints will only be dispatched on receipt of full payment.
CREATIVE LICENCE
The judgement of the photographer on photographic style and the number
of photographs taken shall be deemed to be correct. Due to changes in
the weather and the availability and willingness of the subjects we will
endeavour to honour requested photographs but do not undertake to guarantee
any specific picture nor incorporate any specific background, location
or group arrangement. 'FotomazeStudio' reserves the right to delete, destroy
or withhold any images, which are believed to be of a low technical or
creative quality.
COPYRIGHT
All the images taken by photographers working on behalf of 'FotomazeStudio'
are the copyright of the photographer who has undertaken the photographic
work. The CD/CDs/DVD you will receive contains full size versions of photographs
from the wedding. You may use these images for personal use, including
having prints produced, or producing prints yourself. The images cannot
be used for any commercial use unless otherwise is agreed in writing with
the photographer. The copyright will remain at all times with the name
of the photographer who is owner of the images taken, and the images may
be used for advertising display, print, publication, competition entry
or any other reason thought proper by ‘FotomazeStudio’ or
the photographer who took the shots. It is the responsibility of the client
to ensure that their guests are notified that their photograph may be
taken, and used in publications, advertisements and other forms of print.
EXCLUSIVITY
Only the photographer booked through 'FotomazeStudio' shall be the sole
(stills) photographer at the venues specified. However, family, friends
and guests can take photographs throughout the day.
FORCE MAJEURE
In the unlikely event of total photographic failure, injury or sickness
beyond the control of 'FotomazeStudio' or the booked photographer, liability
shall be limited to a full refund of all monies paid. Your statutory rights
will be unaffected.
CANCELLATION
If 'FotomazeStudio' has to cancel for reasons beyond its control, (death,
illness, injury etc.) liability shall be limited to refund of all monies
paid.
If the client makes cancellation less than 30 days from the wedding date
the total fee will still be due, as compensation for loss of income to
'FotomazeStudio'.
If the client makes cancellation more than 30 days before the wedding
date then any monies other than the deposit will be refunded. The deposit
will not be refunded.
Should the wedding be postponed, then, subject to availabilities of the
booked photographer, all monies will be applied to the new date. If 'FotomazeStudio'
has another wedding booked for that day then all monies paid will be refunded.
'FotomazeStudio' cannot be held responsible for delays or no coverage
due to incorrect information, dates, times or changes that 'FotomazeStudio'
have not been informed of.
PRIVACY
'FotomazeStudio' will store your details on an internal database, these
details will NOT be given to any individuals outside 'FotomazeStudio'.
Should you wish to have your details removed from the database, please
advise 'FotomazeStudio' in writing. Occasionally information may be sent
to you about products and services of 'FotomazeStudio' that may be of
interest to you.
PACKAGE CONTENTS
'FotomazeStudio' reserves the right to change package details without
notice. Contents may vary due to availability of specific print finishes,
sizes and presentation items. Prints, DVDs and other package items cannot
be delivered by a specific date due to unreliability of postal services
and suppliers’ services. It can take three days to six weeks for
print finishing and packaging. We will only send packages out once all
parts are completed. One print per final image will be supplied. These
images are accounted for at the printing and packaging stages and the
correct number of prints will be posted out. Replacement prints will only
be supplied if the original prints are damaged during postage and the
damaged prints are returned to ‘FotomazeStudio’. Under no
circumstances will extra prints be supplied without payment.
PRICING
We do different promotions each month so keep your eyes open. Bellow is
only the guidance of our prices.
Commercial Photography
Due
to the nature of commercial photography every shoot is different dependent
on the product. All our commercial costs are based upon the time we spend
creating images for you (shoot, travelling, retouching etc.). Please contact
us for the quote.
Digital art
work and design work
We
can do for you the digital art piece from the photo taken or do for you
the design of the promotional material you need, only when using our image.
The prices vary depending on your requirements.Please contact us for any
quote, as we need to discuss every booking personally to give you the
best service and best price possible for your requirements. We do work
closely with our clients to ensure customer satisfaction..
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