Colin Williams Photography Terms and Conditions for Hire
THE HIRER ACKNOWLEDGES THAT THEY HAVE READ THIS DOCUMENT AND BOTH UNDERSTAND AND AGREE WITH COLIN WILLIAMS PHOTOGRAPHY, REGARDING ALL OF THE FOLLOWING TERMS AND CONDITIONS, WHICH APPLIES TO ALL HIRING, QUOTATIONS MADE AND PURCHASE ORDERS ACCEPTED.
COLIN WILLIAMS PHOTOGRAPHY ACCEPTS NO RESPOSIBILITY FOR ANY MISUNDERSTANDING BY THE HIRER IN RESPECT OF THE TERMS & CONDITIONS.
ORDER ACCEPTANCE POLICY
1. Colin Williams Photography, reserves the right at any time to accept or refuse service and sales at any time for any reason. Colin Williams Photography reserves the right to require additional verifications or additional information from the purchaser before accepting any order or providing services. This additional information may be subsequently disclosed by Colin Williams Photography, to financial institutions, credit investigation Bureaus and/or government agencies. The purchaser agrees that the receipt of an electronic or printed copy of this order form does not indicate Colin Williams Photography's acceptance of the purchasers order, neither does it constitute confirmation of Colin Williams Photography's intent to sell.
2. The purchaser acknowledges and agrees that title and ownership of all ordered products shall remain with Colin Williams Photography until the full purchase price for the same has been satisfied to Colin Williams Photography.
3. The purchaser will also agree that copyright of all material will remain the property of Colin Williams Photography unless a full purchase to exclusive ownership is agreed.
Brief & Quotations
4. Written quotations are valid for (30) thirty days from the date of quotation. Quotes will be provided on receipt of a completed and detailed written brief supplied to Colin Williams Photography from the perspective client. The brief is required to safeguard and to ensure that all requirements are clearly defined and understood by both client and Colin Williams Photography staff. The brief may require full postal address including postcodes of all sites relating to proposed work, maps, site plans with boundaries and clearly defined and marked the position of North, ordnance survey grid references (6 figure obtainable from Google Earth TM) and any other material required to accurately identify the site from the air or ground.
5. In addition to aerial imagery, all quotes will clearly itemise all other related costs, inclusive of (but not limited to) preparatory work, written documentation of required permissions, travel, reasonable accommodation, production, editing, related documentation and delivery of completed material and VAT at the current rate if applicable.
6. Quotations will relate to single commissions or multiple commissions. A multiple commission will be treated as a series of individual contracts.
7. Should a site survey deemed to be necessary prior to a quotation this will be agreed in advance with the proposed client and, if necessary, will be invoiced in advance. A quotation for the site survey will be forwarded for acceptance by the client prior to any attendance of a Colin Williams Photography representative.
Deposits, Payment & Cancellations
8. Unless expressly agreed in writing a 50% non-refundable deposit is required to Colin Williams Photography on the acceptance of an order. On the date that completed materials have been dispatched an invoice will be generated requesting payment on the outstanding amount. This amount will be for the total amount less the deposit plus any additional services agreed by both parties relating to the commission.
9. Clients have a period of (30) thirty days from date of final invoice to settle the account in full. Further periods greater than 30 days will attract a late payment and admin fee equal to 8.5% of the total commission. The interest will be added after every 30 day period until full and final settlement. There are no exceptions to this unless agreed by the client and Colin Williams Photography prior to the commencement of the commission.
10. Payment can be made using BACS transfer or another prearranged payment method including cash, cheque or credit card via PayPal. Orders are not binding until acceptance by Colin Williams Photography.
11. Colin Williams Photography understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legisiation if payment has not been received in accordance to agreed credit terms and conditions.
12. Any notice of cancellation must be received in writing at least 14days prior to the planned or agreed date of commencement of the photographic commission. In the event of cancellation the client remains liable for any cost of any preparatory work agreed with the client already undertaken prior to the commencement of the work including the cost of aircraft hire and travel expenses.
13. An exception to the 14 day rule is in relation to inclement weather. If bad weather is expected to disrupt the commission it will be the client's responsibility to postpone. We will accept verbal confirmation prior to 6pm on the day preceding the commission. If our staff attend to the commission without any such confirmation a fee (subject to para 12) will be applicable to cover time and expenses.
Purchase orders, Confirmation of Order
14. A purchase order agreement form completed in writing or online with a deposit of approximately 50% rounded of the net quotation is required to confirm a commission or order.
Photographic Materials supplied
15. All still imagery material will be initially supplied to clients on contact sheet form. Following client selection, images will be delivered in the most appropriate file format to the client. Unless agreed all images will be supplied in JPEG format via an electronic download. Client images can, if required be supplied either on CD or DVD media if agreed at quotation stage.
16. Prints can be supplied upon request and shall be quoted for on a case by case basis. Accurate reproduction of the subject(s) will be attempted however Colin Williams Photography cannot guarantee to match manmade colours perceived by the human eye.
17. Basic batch editing will be included in the quoted price but any additional retouching, digital manipulation or stitching of work requested by the client will be quoted for separately.
18. All High Dynamic Range image production and editing will be done following discussions with the client to ascertain the desired look. As imagery of this type is so subjective, the most accurate shots as per the discussion will be deemed to fulfil the contract.
19. All original photographic material ( ie high resolution digital RAW/JPEG/TIFF files and or digital video files or film of any sort) remains the property of Colin Williams Photography.
20. Video imagery material will be provided on a medium best suited to our client. Additional hard drives/jump sticks/CF cards etc will be an extra expense as outlined on the detailed quotation. It will be the client's responsibility to ensure they have appropriate facilities to enable playback of the digital media.
21. Reorder requests for the resupply, reprints and enlargements etc of imagery will be treated as an extension to the agreed contract. Requests should be in written form and include job and image reference numbers. A written quotation will then be supplied. Reprints and enlargements will be supplied as soon as reasonably practicable upon request and in any event within 12 working days.
22. Finished imagery material will be sent as soon as possible and is normally dispatched within 3-10 working days from completion of the onsite work.
Permission to conduct aerial / mast photography
23. All necessary approvals from the Civil Aviation Authority (CAA), local Police and other relevant Authorities to fly, will be gained by Colin Williams Photography. Permission when necessary can take up to 28 business days and may attract an administration fee.
24. It is the responsibility of the client to ensure that all permissions from landowners/site managers including tenants and other relevant authorities relating to the land to be accessed and photographed, is obtained. The client must confirm that they have obtained the appropriate consents by completing an acknowledgement in writing. In the event that full permission has not been gained and images cannot be produced due to the fault of the client not obtaining the necessary approvals the client will remain liable to pay the full some of the quotation including necessary additional expenses. The client further agrees to indemnify Colin Williams Photography against all costs including but not limited to legal costs which Colin Williams Photography may incur as a result of the clients failure to obtain requisite approvals and permissions. (Subject to para 12)
25. All work is subject to obtaining suitable permitted and legal access from which to safely operate all equipment under the control of Colin Williams Photography.
Adhering to Legislation
26. To fly legally and safely Colin Williams Photography must adhere to current CAA and IAA legislation. Accordingly it will be necessary to carry-out a risk assessment either prior to any planned flight or for more high-risk and hazardous locations prior to the flight day. This is a necessary practice to ensure the safety of our client, our staff and any member of the public in the immediate vicinity. A copy of any such assessment will be retained by Colin Williams Photography for inspection on written application.
Reproduction rights, moral right and copyright (Copyright designs & Patents Act 1998)
27. Full personal reproduction rights of the commissioned material supplied, passes to the client upon full receipt of the agreed purchase price. This permits reproduction for all uses stated on the initial quotation and client brief. Should 'General marketing' usage not be agreed upon prior to the commission, Colin Williams Photography reserves the right to seek additional payment for unlicensed material. General usage material can only be used once full payment has been agreed and permission obtained from Colin Williams Photography.
28. Moral rights shall always be required to remain with all material. Those rights include the name of the author/photographer, or otherwise a suitably credited editorial to any printed work whenever the image is displayed or reproduced in any form.
29. Colin Williams Photography retains copyright of all photographic images created and supplied. That right reserves Colin Williams Photography to reproduce in any format including the authority to third party selling via an online stock library. The right to reproduce clients material may be withdrawn by our client upon the settlement of the appropriate licence fee.
30. If any use is made intentionally or non-intentionally of any image, Colin Williams Photography reserves the right to seek damages per usage / per image. That fee is currently set at £650:00 per usage/per image.
Limitation of Liability – Weather, Force Majeure, Act of God and other constraints
31. As with any location photography, a successful assignment is dependent upon suitable weather conditions and the requirement for those conditions to be forecast accurately. A decision to photograph on a particular day is normally delayed to the last practical moment to maximise the chance of suitable weather. Should the weather on the day not be as forecast and the assignment needs to be postponed, there will be no additional charge to the client for a return visit to complete the work provided the requirements in para 13 are met.
32. If however we are instructed to meet a deadline and the option to delay is wavered or the requirements of para 13 are not met by the client, Colin Williams Photography will not be held liable or responsible for additional flight costs should that assignment not be successful. Should the client request a re-shoot, that reshoot including any additional financial expenses will be met by the client and treated as an additional photography commission.
33. Colin Williams Photography will always endeavour to complete their assignments by any agreed proposed completion dates. However, due to weather and other constraints, Colin Williams Photography cannot guarantee completion by any specific date. It therefore cannot be held responsible for any missed publishing or other deadlines or any consequences involving the timing of the commission.
34. Certain specific shots included in the brief and quoted to be undertaken, may not be possible on the day for various operational reasons. In this situation, the best possible alternative shot(s) will be supplied and these will be deemed to fulfil the contract.
35. In any event, the total liability of Colin Williams Photography will be limited to the amount specified in the commission. No liability is accepted for indirect and/or consequential loss.
THESE TERMS & CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE.