Terms & Conditions

COMMERCIAL TERMS AND CONDITIONS

  • DERBYSHIRE PHOTOGRAPHIC refers to the trading name of the company
  • CLIENT is the person or organisation to whom the invoice is addressed [whether or not the Client is acting for a third party]or any customer purchasing prints, digital images or any other product supplied by Derbyshire Photographic.
  • IN THIS AGREEMENT the term picture or image includes photography, transparency, negative, design, artwork, painting, engraving, digital image file or any other item which may be offered for the purpose of reproduction; the term reproduction includes any form of publication or copying of the whole or part of any picture whether altered or not and whether by printing, photography, slide projection (whether to an audience or not), xerography, electronic or mechanical reproduction or storage. Or for any use as artist’s reference or illustration, or in a layout or presentation
  • NO VARIATION OF the terms and conditions set out here will be effective unless agreed in writing by both parties. In the event of any conflict between these terms and conditions (including those relating to the time of payment) and those issued or submitted by the Client and in the absence of any contrary agreement in writing these Terms and Conditions shall prevail
  • PICTURES ARE SUPPLIED on loan and no property or copyright in any picture passes to the Client either on submission of the pictures or on the grant by Derbyshire Photographic or reproduction rights for any picture.
  • PERMISSION TO REPRODUCE a picture is granted to the Client by Derbyshire Photographic only when a fee for the reproduction has been agreed and an invoice has been issued by Derbyshire Photographic and paid in full by the Client. THE LICENCE TO USE comes into effect from the date of payment the relevant invoice
  • IF THE INVOICE is not paid in full within 30 days of issue, Derbyshire Photographic may charge interest on the overdue payment at 2.5% per month or part of a month.
  • PERMISSION TO REPRODUCE a picture applies only to the reproduction described in the invoice or licence. In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to Derbyshire Photographic an unauthorised use fee of £100 or double the standard reproduction fee for the use concerned, whichever is the greater.
  • THE RIGHT TO reproduce a picture granted by Derbyshire Photographic is personal to the Client and may not be assigned to any third party without Derbyshire Photographic prior written consent.
  • THE CLIENT may not alter or add to or manipulate a picture by means of computer or any other technique or reproduce a picture Derbyshire Photographic in whole or in part as an element within, or as a montage with, another picture without Derbyshire Photographic written permission.
  • UNLESS SPECIFIED IN WRITING, Derbyshire Photographic makes no claim or warranty as to the existence or validity of connected there with, model or other releases,  in respect of the pictures or as regards the reproduction by the Client of any names or trade marks depicted in the pictures. It is the Client who must satisfy himself that all necessary rights, releases or consents required for reproduction have been obtained.
  • THE CLIENT WILL fully indemnify Derbyshire Photographic against any unauthorised reproduction of a picture submitted to the Client made by any third party as a result of or arising out of any breach by the Client of any of these terms and conditions (including but not by way of limitation the Client allowing a picture or a copy thereof to come into the possession of a third party without Derbyshire Photographic prior written consent).
  • LIMITATION OF LIABILITY – In the unlikely event of total photographic failure or cancellation of this contract by either party or, in any other circumstance, the liability of one party to the other shall be limited to the total value of the contract.  Neither party shall be liable for indirect or consequential loss.  – Any complaint should be raised by the client with the photographer, in writing within 28 days of first becoming aware of the matter to be complained of and in any event within 28 days of the receipt of the images.
  • REJECTION FEE Unless a rejection fee has been agreed in advance, there is no right by the Client to reject images on the basis of Style, Editing or Composition
  • STORAGE Derbyshire Photographic will take every effort to archive the photographs and digital images taken indefinitely.  However we make no warranty for this storage past the first date of delivery to the Client. We advise that the Client keeps their own backup of the image for the duration of the licence.
  • CANCELLATION OF PHOTOGRAPHY Subject to the terms below with Event Photography,  once a Client has made a booking for a specific time and date, Derbyshire Photographic will not accept any other bookings for that time and date.  As a result should that date be cancelled, a cancellation fee will be charges art the following rates.      Cancellation within 2 weeks of the confirmed booking date:-  50% of the overall fee payable     Cancellation within 1week of confirmed booking date:-  100% of the fee is payable together with any extra expenses incurred.

 EVENT  TERMS AND CONDITIONS

  • STUDIO SIZES Whenever possible the indoor mobile studio or exhibition stand will be set-up within the function room or close to the secretary’ station a sports event. Indoor events we require a minimum space of 15’ x  20’ for the mobile studio with a nearby power supply.     We will always attend the venue prior to the event to advise and finalise arrangements and to check on Health and Safety Issues
  • CANCELLATION  FOR EVENTS Please note that should the photography services for the event be cancelled, a cancellation fee of £150 must be paid in full, and by signing the booking form you are agreeing to this condition.   The exception to this would be where the whole event had to be cancelled due to unforeseen circumstances, the weather or insufficient numbers attending.
  • PHOTOGRAPHERS Derbyshire Photographic shall be the ONLY professional photographic body at the event.  If another company or person has been hired [excluding videographers]  An additional fee of £150 to cover costs will be charged, and we will not remain in attendance and leave the event.   Where images have been pre-paid for, and we were not allowed to set-up, the costs will be forfeit.
  • HEALTH & SAFETY Whilst we will take every precaution necessary to ensure the safety of ourselves and others, we cannot be accountable for the inappropriate behaviour of guests or competitors. We reserve the right not to take photographs of those too intoxicated that they present a danger to our equipment, themselves or other guests .
  • WEB IMAGES All images may be uploaded to our website [with or without password] unless otherwise specified.  It is the responsibility of the event organisers to ensure their guests are aware of this.   We will of course remove any image, post event from the website on request from individuals.
  • COPYRIGHT & REPRODUCTION  Derbyshire Photographic retains full copyright of all images taken at the event.  These images are protected by the  Copyright Act making it illegal to reproduce any images purchased, without express authority from Derbyshire Photographic.   Reproduction by means of scanning, downloading from the web or after purchase is illegal,  photographing the photo on screen and reproducing the image on Facebook is also illegal.   Where copyright breeches are found, we may take legal proceedings against the individual found to be carrying out these practices.
  • GROUP PHOTOGRAPHS Where group photographs are requested at events, a minimum number of images will be required, [depending on the size of the group] before the image can be purchased.
  • PROMOTION Images taken at the event may be used by Derbyshire Photographic for promotional or competition purposes, unless specifically requested otherwise.  It is the organisers responsibility to inform guests of this clause.
  • APPLICABLE LAW  These Terms and Conditions are governed by the Laws on England and Wales