TERMS OF SERVICE
About
Definitions: “The Photographer” means San Video & Photography Team. “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.
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.
Booking Confirmation: A booking is not confirmed until the Client pays a 50% deposit and the Photographer then confirms the booking in writing. The remaining balance is due 1 week before confirming the date.
Copyright and Ownership: The Photographer reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes.
Cancellation Fees: If a booking is cancelled fully by the Client within one working day of the starting time, the Photographer reserves the right to charge the full fee for the assignment. If a booking is cancelled within ten working days of the starting time, the Photographer may charge 50% of the full fee. For outside bookings where no indoor option is available, and is cancelled/postponed due to weather conditions, the Photographer will make no charge to the client if reasonable notice of the cancellation/postponement is given by the client. The Photographer reserves the right to charge in full for expenses (e.g. including but not limited to; the hire of specialist equipment, vehicles etc), that may have been incurred before or during the assignment taking place. In the event of the Photographer being unable to fulfil a booking due to reasons out of his control (e.g. including but not limited to; illness, vehicle breakdown, cancellation of public transport) the Photographer agrees to inform the client as soon as he becomes aware of the problem. The photographer cannot be held liable for any expenses or consequential loss incurred by the Client. If the client is not paying an Attendance Fee to the Photographer, the Photographer reserves the right to cancel the booking at any time. When the client is paying an Attendance Fee the Photographer will make all reasonable efforts to make alternative arrangements with the Client with regard to the booking.
Supplied Equipment: 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.
Payment Terms: For all Clients, payment for all products and services provided by the Photographer must be made 7 (seven) days before the assignment.
Retention of Title: The Photographer reserves the right to retain all of the Client’s materials in his possession until all monies owed to the Photographer have been paid in full. Furthermore, the licence to reproduce images created by the Photographer will also be revoked until payment has been made.
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 assignment. Wherever possible, the Photographer shall endeavour to provide an indication of what these additional charges will be.
Representation: The Client shall ensure that there is an authorised representative present at the assignment to ensure the correctness of the Photographer’s interpretation of the Client’s brief. In the event of no Client representation, the Photographer’s interpretation of the brief shall be deemed as correct.
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 coverage. Upon written request, the Photographer will provide suitable loss/damage cover for an additional charge. Clients who choose to have items returned to them without loss/damage cover do so at their own risk.
Confidentiality: The Photographer acknowledges that in the performance 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.
Conduct: The Client shall be responsible for the behaviour of any persons accompanying them to an assignment. The Photographer reserves the right to terminate any assignment without notice if he deems the Client’s 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.
Delivery of Products and Services: 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; 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.
Prices & Terms: The Photographer reserves the right to amend both Prices and these Terms and Conditions without prior notice.
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.
Images/Data Supplied in Electronic Format: For all images/data supplied to the Client in electronic format (including but not limited to electronic mail, USB’s/CDs/DVD’s etc), The Photographer will endeavour to ensure that the data sent is not corrupt and is virus-free by scanning the data with Norton Antivirus software before despatch. The Photographer cannot be held responsible for any damage, disruption and/or loss of any kind that the said media may cause to the Client’s computer or data. The Client agrees to take similar steps to ensure that data sent to the Photographer is not corrupt and/or virus-free.
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.