CHRIS LEWIS PHOTOGRAPHY TERMS AND CONDITIONS.
When making a booking with Chris Lewis Photography you agree to be bound by these terms and conditions without any need to sign or agree to them in writing. It is your responsibility to ensure you have read them and agree to them in advance.
Chris Lewis Photography will endeavour to meet your requirements in terms of work supplied, deadlines and payment terms, but these must be agreed in writing in advance, if different to those stated below.
1. Terms and Definitions:
1.1 Picture includes a photograph, images or digital scan which may be offered for the purposes of reproduction. Any photographic material supplied by disk, print or download is included in this definition.
1.2 Reproduction includes any form of use including in printing, use on a website, copying or projection.
1.3 The Photographer (otherwise known as Chris Lewis) is the Author of the photograph(s).
1.4 The Client is the person or organization who have commissioned the work and made the booking (whether or not acting for a third party).
1.5 The Agreement is the relationship between the Client and the Photographer or Chris Lewis Photography.
2. Copyright and Ownership of Materials:
2.1 The entire copyright in the pictures is retained by the Photographer, Chris Lewis at all times throughout the world and is administered by Chris Lewis Photography.
2.2 Title to all photographs remains the property of the Photographer.
2.3 Images are licensed for use for the specified purpose as originally stated when booking.
2.4 No property or copyright in any pictures shall pass to the Client whether on its submission or on Chris Lewis Photography granting of reproduction rights in respect thereof.
2.5 Chris Lewis asserts both his moral right to be identified as the author of his work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988.
3. Booking and Cancellation:
3.1 Booking may be made by word of mouth, letter or e-mail but shall not be considered to be firm unless confirmed by the Photographer by e-mail or in writing.
3.2 Once the Client has made a booking for a specific time and date and this has been confirmed, Chris Lewis Photography will not accept any other work from other clients for those times and dates.
3.3 As a result, once a booking is confirmed, if it is subsequently cancelled, a cancellation fee may be charged to the Client of £25.00 when 10 or more days notice is given or a fee of 25% of the booked time rate may be charged for shorter notice. In addition to this cancellation fee, the Client will be liable for any expenses already incurred by Chris Lewis Photography.
3.4 In the event cancellation by the Client, for whatever reason, any booking fee or deposit paid is non-refundable.
4. Cooperation and Communication:
4.1 The Client and the Photographer consent to cooperate and communicate with each other to achieve the best possible result within the understanding of this Agreement.
4.2 Changes to Terms and Conditions or working practices on the part of the Photographer or the Client are deemed invalid once a booking has been confirmed unless agreed in writing by both parties.
5. Payment Terms:
5.1 Commercial clients and organizations may pay by invoice using the terms laid out below. Other clients must pay in advance as agreed with the Photographer. A deposit may be required.
5.2 Invoiced payment terms are strictly one calendar month unless otherwise stated on the invoice, the payment date will be shown on the invoice.
5.3 Payment not made on time will automatically attract a 25% late payment fee without any reminder or further warning being made.
5.4 If payment is not made in accordance with these terms, Chris Lewis 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.
5.5 The Client's right to Reproduce or use a Picture arises only when Chris Lewis Photography’s invoice is fully paid. Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling Chris Lewis Photography to rescind the Agreement and rendering the Client liable for the payment of damages.
5.6 If any invoice issued to the Client is not paid by the due date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 28 days from the issue date, and that Chris Lewis Photography may consider these invoices as overdue when pursuing legal action for the recovery of said debts.
5.7 Any Client’s accounts department procedures, payment terms or practices where different to those stated in these Terms and Conditions must be stated in advance and may not be changed during the course of a booking or period of work with the photographer unless agreed by both parties in writing.
6.1 Chris Lewis Photography will edit every take and deliver what it considers to be the best of every situation covered.
6.2 Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
7. Liability and Indemnity:
7.1 While Chris Lewis photography takes all reasonable care in the performance of this Agreement generally, it shall not be liable for any loss or damage suffered by the Client of by any third party arising from use or reproduction of any picture or its caption.
7.2 The Client agrees to indemnify Chris Lewis photography in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by Chris Lewis Photography.
7.3 It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Chris Lewis photography gives no warranty or undertaking that any such rights, model releases or consents have 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. In the event that the picture issued or reproduced by or with the authority of the Client then the Client shall indemnify Chris Lewis Photography against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
7.4 Limit of Liability: If the Photographer is too ill or becomes injured and cannot supply the services agreed, liability is limited to a refund of any payments received. Chris Lewis Photography has working methods in place to prevent loss or damage to your images, however, in the unlikely event that images may be lost, stolen or destroyed for reasons in or beyond the Photographer’s control, liability is limited to the return of fees paid for the service or part thereof according to the percentage of images supplied.
8. Applicable Law:
8.1 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.
8.2 No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
8.3 Email communication constitutes a contract in law, unless the Client specifically states they will not accept this and instead provides hardcopy paperwork of all relevant agreements and contracts.
9. Client Confidentiality:
9.1 Chris Lewis photography will keep confidential and will not disclose to any third parties or make use of information communicated to them in confidence for the purposes of the photography, save as may be reasonably necessary to enable Chris Lewis Photography to carry out their obligations in relation to the commission.
10.1 These terms and conditions represent the entirety of the Agreement between Chris Lewis Photography and the Client. Any variation is only applicable when agreed in advance and in writing.