UPIX PHOTOGRAPHY TERMS OF SERVICE



 2021 COVID-19 pandemic Addendum:


If The Photographer arrives on site for work and finds that the conditions are not Covid Secure, The Photographer may leave immediately without completing the work. 
Under these circumstances The Photographer reserves the right to charge The Client the first hour’s rate as a cancellation fee, along with any expenses incurred. 
The Photographer will provide details and photographic evidence if required.


General Terms of Service:


Definitions:

For the purposes of this agreement:
The Photographer” refers to Stefan & Sara Venter of Upix Photography Ltd., trading as Upix Photography.
The Client” is the person, persons, or business commissioning The Photographer.
“Media” means any form of media provided by The Photographer, including but not limited to photographs, videos, 360° virtual tour panoramas, creative designs, digital artwork, prints or other formats of physical or electronic material.

Copyright and Ownership of Materials:

The entire copyright, title, and intellectual property rights of any Media will remain that of The Photographer at all times throughout the world.
Upix Photography administers the licensing of the works of the photographers, Stefan & Sara Venter and is a trading name of Upix Photography Ltd. a company registered in England.
Media produced by The Photographer for The Client will be licensed for use for a specified period:
A clear License to Use will be agreed between The Photographer and The Client on the commencement of the Media project.
The clear License to Use will be provided at the time of Invoice and will be stated clearly on the invoice for future reference by the Client.
When the License to Use has expired, the Media should be returned to the Photographer and a written undertaking given that all digital files have been destroyed. The Client is expected to comply with this requirement within 30 days of expiration of the License to Use. 
The Photographer reserves the right to make an additional charge for continued use after this period.

Right to a Credit:

The Photographer asserts the moral right to be identified as the author of their work.
The Photographer asserts the right to a credit where possible in accordance with Sections 77 – 79 of the Copyright, Designs and Patents Act 1988, or any amendment or re-enactment thereof.
Credit text should read ‘Stefan & Sara Venter - www.upixphotography.com’.

Media Use:

Media produced by The Photographer for The Client will be used as agreed at the time of booking and at the time of agreeing the fee.
Media produced by The Photographer for The Client will be licensed for use for a specified period and for the purposes set out in the agreement between The Client and The Photographer in point 2,c above. In addition, the following terms apply:
The License to Use comes into effect from the date of payment of the relevant invoice. No use may be made of the Photographs before payment in full of the relevant invoice without The Photographers’ express permission.
The Licence to Use is limited to the use and period of time specified on The Photographers’ booking form, or by written agreement, and no other use may be made of the Media without The Photographers’ express permission, specifically:
Re-sale of any commissioned Media to third parties.
Use of any commissioned Media on retail products of any kind for sale to third parties or the general public
Manipulation of the Media, or use of only a portion of Media may only take place with the permission of the Photographer.
When the License to Use has expired, the Media should be returned to the Photographer and a written undertaking given that all digital files have been destroyed. The Client is expected to comply with this requirement within 30 days of expiration of the License to Use. 
The Photographer reserves the right to make an additional charge for continued use after this period
 

Exclusivity:

The usage rights granted are personal to The Client and may not be assigned, nor may any Media submitted to The Client be loaned or transferred to third parties (save for the purpose of the work by The Client of such reproduction/usage rights/PR).
The Photographer reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by The Client.
The Photographer retains the right in all cases to use the Media covered by this agreement at any time and in any part of the world for the purposes of advertising or otherwise promoting their own work.
 

Client Confidentiality:

The Photographer will keep The Client’s business and operational information confidential and will not disclose to any third parties or make use of material or information communicated to them, save as to be reasonably necessary to enable The Photographer to carry out their obligations in relation to the work.

Booking:

The Client will be required to complete a booking form (via email confirmation or hardcopy). On receipt of a completed booking form, or written agreement, The Photographer will send an email as confirmation. The booking will then be considered Confirmed.
Once the Client has made a booking for a specific time and date and this date/time has been Confirmed by The Photographer, The Photographer will not accept any other work from other clients for those times and dates.
 

Cancellation or Postponement by The Client:

When a booking is Confirmed, if it is subsequently cancelled, a cancellation fee may be charged to The Client, according to the following schedule:
If The Client cancels photography within less than 7 days business of any confirmed date, a fee of 15% of the booked time rate will be charged.
If The Client cancels photography within less than 24 hours of any confirmed date/time, a fee of 30% of the booked time rate will be charged.
If The Client cancels photography on the day of the confirmed date, the full fee will be charged, at The Photographers’ discretion.
Consideration will be given by The Photographer in the event of The Client having to cancel, due to any cause beyond their reasonable control; e.g. sudden illness, injury, victim of crime, flooding etc. 
In addition, The Client may be charged for any expenses incurred by The Photographer as a result of cancellation or postponement.

Force Majeure:

In the event that The Photographer needs to re-schedule the booked work for operational reasons, including but not limited to weather conditions, obstructions, public events or travel issues, they will endeavour to provide at least 72 hours notice to The Client to arrange an agreed re-schedule date.
The Photographer will endeavour to put The Client in touch with another photographer in the event they are unable to attend on the booked date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown etc.
In the very unlikely event of cancellation by The Photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid to the Photographer by the Client at that time.
 

Charges and Timings:

The Photographer requires a brief at the time of booking (via email or verbally), which will clearly lay out the time and schedule of the work.There is a mutual understanding between The Client and The Photographer that punctuality is required and respected by all parties to ensure the work is completed in a timely and mutually beneficial manner.
If The Photographer provides a quote to The Client, the fee will be charged at that agreed rate. 
The Photographer retains the right to request a non-refundable deposit (up to 25%) before any work commences in order to procure materials, services or locations relevant to the commission.
Where extra expenses or time are incurred, or needed by the Photographer as a result of alterations to the original brief by the Client, or otherwise at their request, the Photographer will reserve the right to charge the Client extra expenses and fees.
The Photographer will make The Client aware of timings and should the work run over schedule:
The Photographer will make the client aware of this and the associated costs, including if The Client is delayed or running late and the job runs into extra time.
If The Photographer is unable to contact the client/payer of invoice at that time work will stop until contact has been made.
On the occasion that incorrect information is given by the Client regarding a booking (wrong location, wrong time etc.) or The Client fails to arrive at the agreed location/time, the full fee will be charged to The Client.
If on arrival at a booked job there is an issue (outside of the Client or Photographer’s control) such as bad lighting or restrictions are in use of where the shoot is taking place, a fee may be charged to cover time.
Quoted fees include mileage up to 50 miles round trip. Additional mileage will be charged at 45 pence per mile thereafter.
Any congestion charges, road toll charges and parking costs will be billed to the client as a Photographer expense and will be added onto the invoice.
 

Payment Terms and Payment:

Payment terms are strictly 30 days from the date of the relevant invoice (“the Due Date”) unless agreed in advance and in writing.
Any use of the Commissioned Media before payment of the relevant invoice may only occur with the express permission of The Photographer.
The Photographer reserves the right to charge an additional 5% surcharge for the period from the due date until the date payment is made.
Payment by BACS is preferred and bank details will be provided on the invoice. If The Client requires an alternative method of payment, The Photographer will accept at their discretion.

Rejection:
The Photographer will endeavour to deliver the very highest standard of Media, captured and edited to The Client’s expectations and as agreed at the time of booking.
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.

Liability and Indemnity:
It is The Client who must satisfy him/herself that all necessary rights, model releases or consents which may be required for Media creation are obtained and it is acknowledged that The Photographer gives no warranty or undertaking that any such rights, model releases or consents have been 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 Media.  
In the event that the Media issued or reproduced by or with the authority of the Client does not have the necessary rights, releases or consents, then the Client shall indemnify The Photographer against all expenses, damages, claims, or legal costs arising out of any such failure.
In some cases, and only if expressly agreed between The Client and The Photographer, The Photographer may take on the responsibility in respect of model releases, third party copyright works, trade marks, designs or other intellectual property. In this instance, the Photographer agrees to indemnify The Client against expenses, damages, claims and legal costs arising out of any failure by the Photographer to obtain any clearances for which they were responsible.

Archiving of Images:

All final Media will be stored and archived by The Photographer for a period of one year. If archived Media is required after that time, or additional storage time is required, an administration fee may be charged.
If The Photographer loses Media stored in archive, or they are stolen, The Photographer is not liable beyond one year of storage. 
Within one year, The Photographer is liable to the cost of the originals (a return of the original fee).

Variation:

No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.

Applicable Law:

This agreement shall be governed by the laws of England and Wales.