Legal Information
These Jason Goodlad Photography ("JGP") Terms and Conditions ("Terms") together with any applicable letter, email or other written format and any attachments appended ("Contract Document") thereto constitute the Agreement between JGP and the Client ("Agreement"). Where the terms in the Contract Document differ from the terms at asset out here in the Terms the Contract Document prevails.
Definitions
The following words or expressions shall have the following meanings:
"Client" means to the person identified as the client on any form of Contract Document, Order, quotation or invoice.
"Commercial" means an Event where JGP agree to attend on a fixed fee basis to deliver Services.
"Event" means the event that JGP attend to deliver services within the terms of their expertise in photography and associated photography services.
"Material" means to all the photographs, prints, transparencies, images, negatives, digital scans, digital files, design, artwork, montages, drawings, and/or any other photographic product or other product compromising or containing reproduction of any form of photographic material, and which has been created the Photographer in whatever medium.
"Model release" means a signed document from a person or persons authorising photographic images of people and property to be used for advertising or promotional purposes.
"Order" means to any request, order, commission or instruction by or on behalf of the Client for the creation of Material by JGP and as specified in an Order.
"Party" means JGP or client.
"Parties" means JGP and Client
"Price" means to the price for an Order as set out on any JGP price list or agreed between the Parties.
"Services" means the delivery of photography and associated photographic and image services.
Scope of Order acceptance
No Order will be deemed as accepted by JGP unless any agreements or documentation is signed by the Parties. JGP shall be entitled to regard any Order that is not evidenced in writing as invalid.
Price Deposit & Payment
JGP will quote a price which may be bespoke or as set out in any brochure or literature.
Where JGP quote a price based upon an agreement of Event numbers and upon attendance at the Event the numbers are different then JGP reserve the right to amend prices in agreement with the Event organiser.
All prices are subject to the current rate of VAT at time of booking (if applicable).
All charges and additional goods specified by JGP are supplied at the prices ruling on the date of booking. Goods not specified are supplied at the prices ruling at the time of receipt of the order.
Any extras that are requested prior or during an Event or photo shoot must be paid for at time of ordering unless agreed by prior arrangement.
Wherever possible JGP or attending photographer will try to provide and indication of what these charges will be.
The Client agrees to pay all invoices issued by JGP in full for both pre-paid and Commercial, without set off, within 28 days.
A fee of £10.00 will be charged by JGP for every written account reminder sent by JGP pursuing overdue invoices.
All photos will be retained until payment made if not agreed prior.
Payment for any Event can include a link to the JGP website and credit for any published photographs or images.
JGP shall deliver the work as set out in the Contract Document to the Client, which will set out any specifics and times of payment.
The payment dates to JGP from the Client will be set out in full on the Contract Document.
Payment can be made to JGP by cash, cheque or bank transfer?
Cleared funds must be in the bank of JGP for any payment that is due before any event.
Please note, if paying by cheque it must be paid seven (7) clear bank-opening days prior to any event. No booking is secure until cheques are in JGP's account as cleared funds.
JGP reserves the right to cancel any Contract Document where agreed payment terms are not adhered to by the Client. No monies already paid will be refunded where a breach of agreed payment terms occurs.
Where the provisions of sub clause 3n occur JGP reserves the right to invoice for any out of pocket expenditure incurred up to the point of breach.
In the event of a cancellation of an Order by the Client, in addition to any entitlement to claim damages for losses arising from such cancellation JGP shall, in any event, be entitled to retain for his own use and benefit the deposit paid as agreed damages for the cancellation of the Order.
All digital files can be purchased by magazines, press and other media.
In some circumstances JGP will exchange digital files for a link to the JGP website and a name credit for the photo image.
Where JGP are unable to perform at an Event, including but not limited to the following occurrences, lack of space, objections by venue that were not made clear to JPG prior to attendance, poor lighting, restrictions, obstructing the photographer, unable to speak clearly because of sound equipment, time restrictions beyond JGP's control, power supply, making it too difficult to work then the full fee for the Client will be charged the full fee.
Commission payments
Where JGP agree to work to a Contract Document that operates with the scope of commission payments then any fee that is agreed in advance that is based upon numbers given by the client then payment can be reduced on pro rata basis based upon the reduction of numbers.
Payment for any commission agreement will be made via bank transfer once the link to the JGP website is enacted by the Client.
Where JGP are unable to perform at an event including but not limited to the following occurrences, lack of space, objections by venue that were not made clear to JPG prior to attendance, poor lighting, restrictions, obstructing the photographer, unable to speak clearly because of sound equipment, time restrictions beyond JGP's control, power supply or any other factors that make it too difficult for JGP to work then the full fee for the Client will be charged a fee of £300.
Cancellation Fees
Following the placing of an order with JGP in writing the following fees will be applied:
If cancelled within 1 working day of the Event JGP, reserve right to charge full fee.
Within 10 days, 50% of any fee and any expenses incurred by the photographer e.g. hotels, phone calls, equipment, staff fees and time preparing.
If in Events where JGP sell direct to customers and no fee has been charged to attend JGP reserve the right to charge £200.00 if cancelled within 24 hrs
Where JGP have departed to the Event the fee of £300 will be charged.
If cancelled within 10 days a fee of £100.00 will be levied
Liabilities of JGP
JGP shall not be liable to the Client for any failure to attend in the event they are unable to attend on the agreed event date due to any cause beyond their reasonable control including but not limited to sudden illness, vehicle breakdown, traffic congestion, injury, victim of crime.
JGP will endeavour to put the Client in touch with another photographer in the event they are unable to attend any event due to any cause beyond their reasonable control as set out in clause 4a.
If JGP are unable to provide alternative cover from the provisions of sub clause 4a,i all fees will be returned.
In the unlikely event of a total photographic failure or cancellation of an agreement or contract document 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 Document.
Any directions issued to Clients, their guests or employees during a photographic shoot/event are deemed to be at said persons' own risk. JGP or any Photographer acting on behalf of JGP cannot be held responsible for any personal accidents during a photographic shoot save for any instruction issued by JGP which JGP could reasonably have believed was dangerous or reckless prior to any request.
Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.
JGP will accept no liability for any damage to any computer or any transmission of any virus or hacking caused by access to the JGP website or database by the Client or any other third party, howsoever caused.
Nothing in these STC shall limit or exclude either The Client(s) or JGP's liability for:
death or personal injury caused by its negligence, or the negligence of its employees, agents or third party;
fraud or fraudulent misrepresentation;
breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
Subject to sub clause e JGP's total liability to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Order shall be limited to the value of the Contract Document.
It is the Client's responsibility to obtain any authorisation or Model releases or consents required for reproduction.
JGP gives no warranty or undertaking that any such rights, Model releases permissions have been obtained by JGP including but not limited to names, people, trade marks, personal image rights, registered or copyright or art in any image.
any variation to terms and conditions must be agreed in writing by both parties before any job.
Neither party shall be liable for indirect or consequential loss.
Neither JGP or the Client will be held responsible for any shot taken by JGP that shows improper behaviour of any person including but not limited to kissing, cheating or illegal acts. Attendance at any event means that any attendee has given permission to be photographed under the terms of this contract and the standard Terms and Conditions of JGP.
The Client will indemnify JGP against any legal action, including reasonable legal fees, for any action taken against JGP for any picture of any person who is in any shot taken at any Event.
JGP will adhere to any court order, when ordered by a court, whether civil or judicial for seizure or to hand over photographs.
Delivery
The photographs & any other Material shall be presumed to have received in good condition unless the Client notifies the Photographer in writing of any discrepancy or error within 14 days of receipt.
License IPR & Copyright
Unless specifically otherwise agreed in writing between the Client and JGP and the Client agrees to JGP to utilise Material ordered by the Client including but not limited to in advertising, brochures, magazine articles, websites, sample albums for the advertising, marketing and promotion of JGP's business.
All intellectual property rights; including copyright, in all Material is retained worldwide by the Photographer at all times and nothing shall be deemed as release, transfer, assignment or other disposal of the Photographer's rights in the Material, unless:
specifically set out in these Terms or;
is otherwise be agreed by the JGP and the Client in writing
The Client agrees to giving permission for JGP to display any photographic work or images taken by JGP to promote the JGP business on the JGP website, social media or leaflets in order to promote the Services of JGP.
The right to reproduce images are given to the Client only.
Any third party can only reproduce images by permission from JGP; or
by payment to JGP.
JGP retains the right to refuse images not to be sold.
The 1998 Copyright, Designs, and Patents Act assigns copyright to JGP, unless at the time of booking a release is negotiated.
By purchasing images in either print or digitally you are purchasing the right to the image, not the copyright and therefore have no rights to reproduce the image in or on any medium.
You may not copy the photographs taken under any Contract Document with JGP, or allow copies to be made photographically, electronically, or by any other means without the express permission of JGP
Ownership
The Client shall not be entitled to use the Material for any purpose unless and until payment of the price in full has been made. In some circumstances this will include interest and any other costs incurred by the Photographer as agreed.
Permission to reproduce Material is not granted. No other reproduction of Material is allowed without a formal written consent by JGP
The Client may not alter or add to or manipulate Material by the means of computer or any other technique.
Sub contracting
The Photographer shall be entitled to sub-contract his obligations under an Order at his discretion.
Artistic and Coverage
Unless otherwise agreed by JGP and the Client, the Photographer shall be entitled to use his/her judgement regarding the style and artistic input in the production of the Material.
Photographs taken during the course of an Event will be at the discretion of the photographer although every effort will be made to comply with the Client's requirements.
When attending Events the photographer shall endeavour to photograph all individuals as requested by the client(s) at some point, but no responsibility will be taken by the photographer on the occasion of leaving somebody out.
At certain venues, the photographer's movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the event may not be the photographer's choice and the photographer cannot accept responsibility for any obstructed view should this be the case.
The Client acknowledges that the photos shall not be subject to rejection on the basis of taste or aesthetic criteria.
On location or events due to a variety of uncontrolled lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs
The Client acknowledges that he/she is familiar with the JGP's portfolio and is requesting services with knowledge of the JGP's style.
The Client agrees that JGP's work is constantly evolving and that JGP's services are of unique and artistic nature; that the photos may be different from photographs taken by JGP in the past; and that in creating photos, the Photographer shall use his personal artistic judgement to create images consistent with his personal vision of the event, which may be different from the Client's and/or the subject's vision of the Event.
Data Protection
JGP shall throughout the term of this Agreement comply with the provisions of the Data Protection Act 1998 ("DPA 1998") or any subsequent amendment thereto and shall ensure that its agents and employees are trained in and comply with the data protection principles set out in the above Act in their performance of the Services.
JGP will store any name and address details on a private internal database. These details will not be made available to third parties. Should you wish to have your details removed from the JGP database, please advise JGP in writing.
Any requests for pictures of children not be photographed at any Event must be made in writing to JGP prior to any event and the Client must make JPG aware of the persons that any request is applicable to at the Event.
Any requests for pictures of children not be displayed in any subsequent displays or promotional material must be made in writing to JGP prior to any event and the Client must identify these people.
Any images of children that are taken and subsequently displayed will be removed from any display upon written request from the parent of Guardian of the children.
Force majeure
JGP shall not be liable to the Client for any failure, in whole or in part, to fulfil his obligations under an Order where failure arises as a result of an event or circumstances beyond his reasonable control, (an "event of force majeure") including but not limited to equipment failure, inclement weather, illness or injury; provided that the Photographer has used reasonable endeavours to fulfil those obligations.
In an event of force majeure, any deposit that has been paid to the Photographer by the Client will be refunded in full.
Delivery of Services
The Client as set out in the Contract Document agrees to be responsible for all participants at any event and any other guests of the Client who may be at a venue under the provisions of this Agreement.
Where JGP are agreed to attend an Event the Client agrees that it will not book or allow other Professional photographers allowed to attend.
The Client agrees to consult JGP if any other photographers wish to take photos including photo booths and JGP agrees not to unreasonably withhold consent for any such requests.
The Client agrees that any consent (s) granted under sub clause 12,c will preclude any distribution of promotional material by any third party.
The Client asserts that any amateur photographer acting under the provisions of this Clause 12 will not give away free photos taken at any Event that might constitute an infringement of JGP's commercial business sales.
Any persons attending any Event can take their own photos, for personal use.
JPG do not allow any personal photographs on any background or backdrop that JGP provide, nor can any JGP equipment be used or utilised for any personal photography or video/filming.
All electrical equipment operated by JGP is PAT tested.
JGP operate with full insurance cover including public liability insurance to a level of £10,000,000.
Damage to property and conduct.
The Client is responsible for the behaviour of guests at their event.
JGP reserve the right to leave an event if guests are unruly or unsafe.
If any of the actions as set out in this sub clause 13a is shown to any of our staff or there is a perceived act as set out in sub clause 13a then JGP staff will notify the Client who agrees to act immediately.
If the person(s) are the named persons in the Contract Document then the photographer and/or any JGP staff will leave the venue with immediate effect.
The Client agrees to indemnify JGP against any damage to equipment, costs and reasonable legal fees for any acts or any claim for breach of contract for any termination of services enacted by JGP under the provisions of this clause 13.
JGP reserves the right to enact further legal action against the Client or any other person(s) under the indemnity provisions of this clause 13.
Dispute resolution
In the event of a disagreement or dispute between the Parties in relation to the Services or in relation to the interpretation of these STC, the Parties shall, in the first instance, endeavour to resolve the disagreement or dispute themselves (or through their representatives).
In the event of a failure to reach an agreement in accordance with clause (a) within 14 days then the disagreement or dispute shall be referred to any mediation or conciliation procedure by reference to a third independent party agreed by the Parties. Any such mediation or conciliation will not be binding on the Parties.
If such dispute or difference is not resolved within twenty-one days of the dispute being referred to mediation or conciliation under clause b then such dispute or difference shall if so agreed by the Parties be referred to an arbitrator agreed between the Parties and such a referral to arbitration shall be deemed to be a referral in accordance with the Arbitration Act 1996 and any statutory modification or re-enactment thereof for the time being in force.
The costs of mediation, conciliation and/or the appointment of the arbitrator shall be shared equally between the Parties and the arbitrator shall determine which Party shall pay any costs subsequently incurred.
General terms
The Client agrees to pay within 14 days any damages caused to the property of JGP and the Client agrees to indemnify JGP for the cost of replacement on a new for old like for like basis for any damages.
Failure by either Party at any time to enforce the provisions of this Agreement or to require performance by the Supplier of any of the provisions of this Agreement shall not be construed as a waiver and shall not affect the validity of this Agreement or any part thereof or the rights of either Party to enforce any provision in accordance with its terms.
If any provision of the Agreement is declared by any judicial or other competent authority to be illegal, void, voidable or otherwise unenforceable, or indication of the same is received by either of the parties from any relevant competent authority, such provision shall be deemed omitted from the Agreement and the remaining terms of the Agreement shall remain in full force and effect.
A person who is not a party to the Agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement.
All titles and headings have been inserted solely for the convenience of the Parties and are not intended to be a part of this Agreement or to affect its meaning or interpretation.
Complaints Procedure
Any complaints should first be raised by the Client with the Photographer/s in writing within 21
days from the date of receipt of images.
Please address any complaints to Jason Goodlad Photography 9 Knowle Top, Sheffield, S20 4TE, FAO Susan Lunt or email: jasongoodlad@yahoo.com
JGP will endeavour to respond to any complaint within 5 working days of receipt.
Governing law
This Agreement is governed by, and is to be construed in accordance with, English law and the Parties submit to the exclusive jurisdiction of the courts of England and Wales.
© Jason Goodlad photography
