Thank you for your interest in working together. Please read this information carefully.
This Agreement, (“the Agreement,”) is made between Amanda Karen Photography and you (“the Client’) together referred to as the “Parties”
The purpose of this Agreement is to set out the details about working together. Please read the information carefully as it sets out;
This Agreement starts on the date of booking your Brand Shoot Session on the terms set out in this Agreement and shall continue until the Services have been completed or unless this contracted in terminated in accordance with the terms of this Agreement.
The Services - the services are photography assignments (“the Assignment”) which is described as follows;
Event: Brand Shoot
Date: as selected in the online scheduler
Location: to be confirmed as part of shoot planning.
Client Obligations
For the duration of this Agreement, we agree to supply, and you the Client agree to purchase, the Services on the terms set out in this Agreement.
The Client shall at all times and in all respects:
As the supplier we warrant to you to;
Price and Payment
The Price for the Assignment is based on the session you have booked (“the Price”) which is inclusive of the costs of attending at the event to undertake the assignment plus the digital images.
The payments shall be made on booking your shoot session, without payment your session will not be confirmed and will be removed from the diary.
In the event that you require any additional post processing of products to be undertaken (for example, above and beyond the editing conducted as part of the service, such as in Photoshop or similar) then an additional fee will apply at a rate of £25 per hour and will be invoiced prior to any additional work being undertaken.
Time of payment is of the essence. Where sums due are not paid in full by the due date then we may, without limiting our other rights, charge interest on such sums at 3% (3 percentage points) a year above base rate from time to time in force; and interest shall accrue on a daily basis, and apply from the due date for payment until actual payment in full, whether before or after judgement.
Photographs
The Client is responsible for the collection of products from the Suppliers and the Supplier accepts no liability whatsoever for the photographs after the date of collection. In other words, the risk in the products including but not limited to photographic prints and physical products and USB media passes to you the Client when you take possession of them.
Where digital files are provided, the Client is responsible for ensuring that the digital files are safely stored upon delivery or collection, and the Supplier is under no obligation to store or maintain copies of the files.
Cancellations
The Supplier may cancel the Assignment at any time upon giving 2 calendar months notice.
Upon cancellation by the Supplier the contract shall terminate with immediate effect and the deposit paid by the Client shall be refunded within 14 days.
The Services may be may also be cancelled if payment is not made in accordance with these terms, if the Client commits a material breach of any of these terms and fails to remedy that breach within 14 days of being notified in writing, or if the Client enters into any form of insolvency arrangement, and/or suspends its business.
For the avoidance of any doubt, cancellations within 6 weeks of the shoot day will remain payable in full and no refunds provided.
Studio Mini Shoot Days and Group Shoot days cannot be transferred to another date.
Postponements
We may at our absolute discretion agree to a postponement, in exceptional circumstances and provided a new date is fixed within a 6 months period of the original shoot day.
You should contact us as early as possible to communicate this requirement where a new date will be discussed to ensure availability.
In some circumstances the Supplier may be able to provide a substitute supplier for the day of the shoot. The substitute shall act as an agent for the Supplier and all communication, editing, and delivery of images will remain the responsibility of the Supplier.
If the client is not happy to proceed with the substitute supplier, then the booking will be treated as a cancellation and the normal cancellation terms shall apply.
If any additional expenses will be incurred due to the postponement, the client will be liable to pay for these, along with any cancellation fees from third parties.
Studio Mini Shoot Days and Group Shoot days cannot be transferred to another date. Where your shoot is outside, the Supplier will suggest a wet weather plan and where this does not meet the brief, a new date will be offered.
For the Group Shoot Day, a back up date will be provided at the time of booking, you must be able to attend this date as well as the original.
Licence of images to the Client
In consideration of the Price payable under this Agreement the Supplier grants to the Client a non-exclusive licence of the digital images and all other materials created by the Supplier pursuant to this Agreement.
Where the Client is a business the Client will be granted a non-exclusive and non-transferable , non sublicenceable licence of the digital images and all other materials created by the Supplier pursuant to this Agreement.
Except as expressly agreed above, no Intellectual Property Rights of either party are transferred or licensed as a result of this Agreement and for the avoidance of any doubt the Supplier reserves the right to make reproductions of the digital images created during assignments for marketing, promotional, competition and editorial purposes.
Licence of model rights to the Supplier
The Client warrants that they have obtained all Model Rights necessary to enable the supplier to carry out the Assignment and now agrees to indemnify the Supplier against any cost or claim by any person arising out of a Photo of any person or thing at the Event.
The Client agrees that the Supplier may use their Model Rights in the form of digital images taken in this Assignment, only to market their business as a Supplier.
Each party will keep the confidential information of the other party and any third party confidential and secret, and only use it for the purposes of supplying the Services, or making proper use of the Services. Each party recognises and accepts its obligations with regard to the control and the processing of personal data under the current data protection legislation and regulations. For more information on this, please see our Privacy Notice on our website at www.akpbrandingstories.co.uk
Limitation of liability
Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
Disputes
We will try to resolve any disputes with you quickly and efficiently.
If you are unhappy with:
Please contact us as soon as possible.
If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
let you know that we cannot settle the dispute with you; and
give you certain information required by law about our alternative dispute resolution provider.
If you want to take court proceedings, the courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.
End of Contract
If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
The laws of England and Wales will apply to this contract.
Third party rights
No one other than a party to this contract has any right to enforce any term of this contract.
This Agreement, (“the Agreement,”) is made between Amanda Karen Photography and you (“the Client’) together referred to as the “Parties”
The purpose of this Agreement is to set out the details about working together. Please read the information carefully as it sets out;
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information.
This Agreement starts on the date of booking your Brand Shoot Session on the terms set out in this Agreement and shall continue until the Services have been completed or unless this contracted in terminated in accordance with the terms of this Agreement.
The Services - the services are photography assignments (“the Assignment”) which is described as follows;
Event: Brand Shoot
Date: as selected in the online scheduler
Location: to be confirmed as part of shoot planning.
Client Obligations
For the duration of this Agreement, we agree to supply, and you the Client agree to purchase, the Services on the terms set out in this Agreement.
The Client shall at all times and in all respects:
- perform its obligations in accordance with the terms of this Agreement;
- pay the Prices for the Services in accordance with the provisions of this Agreement;
- co-operate with the Supplier in all matters arising under this Agreement or otherwise relating to the performance of the Services;
- ensure that the location is accessible to the Supplier to perform the Services and otherwise comply with its obligations under this Agreement;
- provide all information necessary for the provision of the Services, to the Supplier in a timely manner;
- inform the Supplier in a timely manner of any matters (including any health, safety or security requirements) which may affect the provision of the Services;
- obtain and maintain all necessary licences, permits and consents required to enable the Supplier to perform the Services and otherwise comply with its obligations under this Agreement.
As the supplier we warrant to you to;
- Carry out the Assignment in accordance with good industry practice
- That the services and photographs all be free from material defects and of satisfactory quality.
Price and Payment
The Price for the Assignment is based on the session you have booked (“the Price”) which is inclusive of the costs of attending at the event to undertake the assignment plus the digital images.
The payments shall be made on booking your shoot session, without payment your session will not be confirmed and will be removed from the diary.
In the event that you require any additional post processing of products to be undertaken (for example, above and beyond the editing conducted as part of the service, such as in Photoshop or similar) then an additional fee will apply at a rate of £25 per hour and will be invoiced prior to any additional work being undertaken.
Time of payment is of the essence. Where sums due are not paid in full by the due date then we may, without limiting our other rights, charge interest on such sums at 3% (3 percentage points) a year above base rate from time to time in force; and interest shall accrue on a daily basis, and apply from the due date for payment until actual payment in full, whether before or after judgement.
Photographs
The Client is responsible for the collection of products from the Suppliers and the Supplier accepts no liability whatsoever for the photographs after the date of collection. In other words, the risk in the products including but not limited to photographic prints and physical products and USB media passes to you the Client when you take possession of them.
Where digital files are provided, the Client is responsible for ensuring that the digital files are safely stored upon delivery or collection, and the Supplier is under no obligation to store or maintain copies of the files.
Cancellations
The Supplier may cancel the Assignment at any time upon giving 2 calendar months notice.
Upon cancellation by the Supplier the contract shall terminate with immediate effect and the deposit paid by the Client shall be refunded within 14 days.
The Services may be may also be cancelled if payment is not made in accordance with these terms, if the Client commits a material breach of any of these terms and fails to remedy that breach within 14 days of being notified in writing, or if the Client enters into any form of insolvency arrangement, and/or suspends its business.
For the avoidance of any doubt, cancellations within 6 weeks of the shoot day will remain payable in full and no refunds provided.
Studio Mini Shoot Days and Group Shoot days cannot be transferred to another date.
Postponements
We may at our absolute discretion agree to a postponement, in exceptional circumstances and provided a new date is fixed within a 6 months period of the original shoot day.
You should contact us as early as possible to communicate this requirement where a new date will be discussed to ensure availability.
In some circumstances the Supplier may be able to provide a substitute supplier for the day of the shoot. The substitute shall act as an agent for the Supplier and all communication, editing, and delivery of images will remain the responsibility of the Supplier.
If the client is not happy to proceed with the substitute supplier, then the booking will be treated as a cancellation and the normal cancellation terms shall apply.
If any additional expenses will be incurred due to the postponement, the client will be liable to pay for these, along with any cancellation fees from third parties.
Studio Mini Shoot Days and Group Shoot days cannot be transferred to another date. Where your shoot is outside, the Supplier will suggest a wet weather plan and where this does not meet the brief, a new date will be offered.
For the Group Shoot Day, a back up date will be provided at the time of booking, you must be able to attend this date as well as the original.
Licence of images to the Client
In consideration of the Price payable under this Agreement the Supplier grants to the Client a non-exclusive licence of the digital images and all other materials created by the Supplier pursuant to this Agreement.
Where the Client is a business the Client will be granted a non-exclusive and non-transferable , non sublicenceable licence of the digital images and all other materials created by the Supplier pursuant to this Agreement.
Except as expressly agreed above, no Intellectual Property Rights of either party are transferred or licensed as a result of this Agreement and for the avoidance of any doubt the Supplier reserves the right to make reproductions of the digital images created during assignments for marketing, promotional, competition and editorial purposes.
Licence of model rights to the Supplier
The Client warrants that they have obtained all Model Rights necessary to enable the supplier to carry out the Assignment and now agrees to indemnify the Supplier against any cost or claim by any person arising out of a Photo of any person or thing at the Event.
The Client agrees that the Supplier may use their Model Rights in the form of digital images taken in this Assignment, only to market their business as a Supplier.
Each party will keep the confidential information of the other party and any third party confidential and secret, and only use it for the purposes of supplying the Services, or making proper use of the Services. Each party recognises and accepts its obligations with regard to the control and the processing of personal data under the current data protection legislation and regulations. For more information on this, please see our Privacy Notice on our website at www.akpbrandingstories.co.uk
Limitation of liability
Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
- losses that:
- were not foreseeable to you and us when the contract was formed;
- were not caused by any breach on our part;
- business losses; and
- losses to non-consumers.
Disputes
We will try to resolve any disputes with you quickly and efficiently.
If you are unhappy with:
- the services;
- our service to you generally; or
- any other matter,
Please contact us as soon as possible.
If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
let you know that we cannot settle the dispute with you; and
give you certain information required by law about our alternative dispute resolution provider.
If you want to take court proceedings, the courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.
End of Contract
If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
The laws of England and Wales will apply to this contract.
Third party rights
No one other than a party to this contract has any right to enforce any term of this contract.
