Terms & Conditions
A 50% deposit of the package total is due to secure your branding session.
All packages are delivered to your company via a private password protected gallery. Should you require multiple members to access the gallery, please forward on their contact email address.
TERMS & CONDITIONS - NADINE SABRINA COMMERCIAL AND PERSONAL BRANDING PHOTOGRAPHER, CHELTENHAM.
Thank you for taking the time to read these terms and conditions. If there is anything you need clarifying or you feel you need specific clauses to meet the requirements of your commission please don’t hesitate to get in touch.
Please note that payment is strictly due on the day of the scheduled session. The Licence to Use does not formally come into force until payment is received in full.
DEFINITIONS. (a) For the purpose of this agreement “the Agency” and “the Client” shall where the context so admits include their respective assignees, sub-licensees and successor in title. In cases where the Photographer’s Client is a direct Client (i.e. with no Agency or intermediary), all references in this agreement to both “the Agency “ and “the Client” shall be interpreted as references to the Photographer’s Client. (b) For the purpose of this agreement “The Photographer” will mean Nadine Sabrina Photography. And shall where the context so admits include their respective assignees, sub-licensees and successor in title. (c) “Photographs” and “Works” means all photographic material furnished by the Photographer (d) All contracts verbal or written are only accepted on the basis that the Terms and Conditions of the Photographer are the only ones applicable. (e) Other Terms and Conditions proffered by the Client are specifically excluded unless agreed in writing beforehand by the Photographer. (f) Where time is of the essence the Photographer entirely at its own discretion may accept an instruction given orally, in this event the Photographer shall accept no liability for any error in executing the order. (g) Unless the Photographer is given prior written notice by the Client, the person placing or signing the order on behalf of the Client is deemed to be authorised to do so. (h) When a Client’s policy is not to rely on email confirmations, hardcopy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law.
COPYRIGHT (a) The Photographer retains the entire copyright in the images at all times, throughout the world unless specific agreements for copyright purchase by the client are agreed in writing. (b) Where reproduction of photographs has taken place and settlement has not been made, the Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.
OWNERSHIP OF MATERIALS (a) Title to all Photographs remains the property of the Photographer. (b) When the licence to Use the material has expired any archived digital images must be destroyed by the client.
USE (a) The Licence to Use comes into effect from the date of payment of the relevant invoice(s). (b) No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission in writing. (c) Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Client or Agency is put into receivership or liquidation. (d) Where restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee to be mutually agreed. Note: A written agreement must be made with the Photographer before the Photographs may be used for other purposes. Where uses of an image are made which breach the licence to use further charges will be made. (e) Any reproduction rights granted are by way of licence only and no partial or other assignment of copyright shall be implied. (f) On the Client’s death or bankruptcy or (if the Client is a Company) in the event of a Resolution, Petition or Order for winding-up being made against it, or if a Receiver or an administration is appointed, any licence granted shall immediately cease.
DELIVER (a) The photographer will endeavour to deliver digital galleries as quickly as possible. However this can take up to 2-3 weeks during busy periods.
DEPOSITS (a) To secure a date with The Photographer, the ‘Client’ must make a deposit payment via the invoice provided (b) All deposits are non-refundable, however in some specific circumstances sessions can be moved to avoid a loss of deposit.
EXCLUSIVITY (a) The photographer's standard Licence to Use gives exclusivity on the images to the Client. The Photographer retains the right to use the photographs for the purpose of promotion and marketing of her business under all licensing situations unless special circumstances apply.
CLIENT CONFIDENTIALITY The photographer will keep client details confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out her obligations in relation to the commission.
INDEMNITY. (a) It is the client who must satisfy himself/herself that all necessary rights, model releases, clearances or consents which may be required for reproduction of people, places or items depicted within any works are obtained prior to the scheduled session. (b) It is acknowledged that the Photographer gives no warranty or undertaking that any such rights, releases or consents are or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or Works of art depicted in any picture. (c) The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed in writing before the shoot. (d) In all other cases the Client shall indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances. (e) The Photographer will not be liable for any loss or damage, for any consequential loss of profit or income however caused including negligence by the Photographer, Nadine Sabrina, their assistants or agents or otherwise, and it is the Client’s responsibility to insure against such loss or damage.
PAYMENT (a) Payment by the Client will be at latest on the day of the scheduled shoot or prior via the relevant invoice for the commissioned work unless alternative terms are agreed in writing. (b) If payment is not made in accordance with (a) above then Nadine Sabrina Photography may rescind any Agreement and recover damages, or, at its option, may exercise its statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1998. © (c) A fee of £27 (excluding VAT) will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuance of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices; (d) The Client's right to reproduce a picture arises only when Nadine Sabrina Images’ invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or invoices). Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling Nadine Sabrina' Images to rescind the Agreement and rendering the Client liable for the payment of damages.
EXPENSES (a) Where extra expenses or times are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise .The Client shall give approval to and be liable to such extra expenses or fees, in addition to the fees and expenses shown on the Estimate as having been agreed or estimated.
FORCE MAJEURE - In the unlikely event(s) of cancellation by the photographer within 48 hours or total photographic failure, liability shall be limited to the full refund of any fees paid.
ON THE DAY - (a) On the day of scheduled session all props & models required for the shoot must be ready for the scheduled shoot start time to ensure maximum shooting time whilst on location. (b) any delays in organising props, travel to separate locations if not already factored in, or models will not be compensated by the ‘Photographer’ this may result in a reduced amount of images delivered. (C) Should a session overrun the invoiced and discussed scheduled shoot, an hourly rate of £150.00 will be payable via BACS of invoice and to be settled on the day of the shoot taking place.
PROCESSING AND RETOUCH EXPENSES Shoot fees includes standard post processing which equates to basic editing steps e.g. colour balancing, contrast boosting, exposure amends to match finished images in with brand identity. Specialist photoshop work including cosmetic retouching is charged at £65 per hour. Some packages may include some post-processing and retouching services and this will be highlighted on the quote where relevant.
CANCELLATION & POSTPONEMENT A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at her discretion, charge a fee for cancellation or postponement within 72 hours of the shoot date. The Photographer will always try and accommodate an alternative date if a shoot needs to be postponed due to ill health or emergency.
RIGHT TO A CREDIT The Licence to Use requires that the Photographer’s name ‘Nadine Sabrina Photography’ will be printed on or in reasonable proximity to all published reproductions of the Photograph(s) e.g. press feature, online editorial feature. The client is not required to include a credit next to images used on their own website. Crediting the photographer on social media platforms alongside images is not strictly required but is always greatly appreciated. If any third party not mentioned on the invoice or classed as the ‘Client’ or ‘Photographer’ crediting must be used on all social platforms, marketing, press releases or website(s). The Photographer also asserts her statutory and moral right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
REJECTION (a) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
STOCK PHOTOGRAPHY Images viewed through my website and social media profiles may be available to licence depending on any exclusivity and confidentiality clauses in place. Image licences start at £300 for a single image with advertising rights starting at £600.
SUPPLY TO THIRD PARTIES The licence only applies to the Client and product stated on the Licence to Use.
MANIPULATION OF IMAGES Manipulation of the image (including use of filter treatments) or use of a cropped portion of the image may only take place with the written permission of the Photographer. It is requested that images are shared on Instagram without additional filters unless they are absolutely key to brand consistency. The photographer is always happy to liaise with any other creative professionals involved in the branding project to ensure best use of the images is made.
IMAGE STORAGE Digital Data is stored by the Photographer on the understanding that the Photographer is not responsible for the future integrity of that data, or of any failure to retrieve data from the Photographer’s archive. Digital data storage is only held by the photographer for 1 year post shoot.
ADDITIONAL CHARGES - Should the ‘Client’ require the full gallery and additional images on top of their package detailed image amount, an additional charge will be applied to purchase the ‘Licence to use’ for the extra images within the gallery.
APPLICABLE LAW This agreement shall be governed by the Laws of England & Wales.
VARIATION These Terms and Conditions shall not be varied except by agreement in writing