VIVIDA PHOTOGRAPHY.LONDON LIMITED
Terms & Conditions
In the following Terms & Conditions
“The Photographer” shall mean Vivida Photography. London Limited
“The Client(s)” shall be those persons defined as Bride & Groom on the booking form. These terms and conditions cannot be varied in any way by the Client(s) unless such conditions are expressly agreed by the Photographer in writing.
1. Definitions
a. For the purpose of this agreement the Photographer and the Client shall, where the context so admits, include their respective assignees, sub-licensees and successor in title. In cases where the Photographer’s Client is a direct Client (i.e. with no agency or intermediary), any references in this agreement to both agency and the Client shall be interpreted as references to the Photographer’s Client.
b. “Photographs” and “Works” means all photographic material including videography material furnished by the Photographer, whether transparencies, negatives, prints, digital files or any other type of physical or electronic material in existence now or yet to be developed.
c. “License to Use” means a license granted by the Photographer to the Client for the use of the Photographs or Works.
d. “Booking Event” means the event as expressed on the booking form.
e. All contracts verbal or written are only accepted on the basis that the Terms and Conditions of the Photographer are the only ones applicable.
f. Other Terms and Conditions proffered by the Client are specifically excluded unless agreed in writing beforehand by the Photographer.
g. Where time is of the essence the Photographer entirely at its own discretion may accept an instruction given orally, in this event the Photographer shall accept no liability for any error in executing the order.
h. Unless the Photographer is given prior written notice by the Client, the person placing or signing the order on behalf of the Client is deemed to be authorized to do so.
i. When a Client’s policy is not to rely on email confirmations, hardcopy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law.
j. “Overall Booking Price” means the final fee for the services of the Photographer as agreed in the booking form.
k. “Booking Fee” means the starting booking fee deposit and is 30% of the Overall Booking Price.
l. Any notices required to be given in writing, such as cancellation notices or complaints, are to be made in writing to the Photographer’s registered address, for the attention of Maninder Singh at: Vivida photography. London,
2. Copyright
a. Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright, Designs and Patents Act 1988. It is contrary to the Act to copy or allow to be copied photographically/electronically or by any other means, an image created as part of this contract without the permission of The Photographer/s in writing.
3. Licence
a. The Photographer shall be granted artistic licence in relation to the poses photographed, the location used and digital retouching. The Photographers’ judgment regarding the locations, poses and number of photographs taken shall be deemed to be correct.
b. It is the responsibility of the Client to obtain any licences or permission from any venue, location, entertainment or musician where filming of videos/videography shall take place, including, but not limited to, any religious venue.
c. In respect of venues, the Photographer will respect the regulations of anyone officiating the Booking Event. This may limit the Photographer’s use of equipment, the position of such equipment, movement around the venue, and/or certain parts of the ceremony which may not be allowed to be filmed or photographed by the venue. The Photographer will not be held responsible for any limitations set by the venue or any official of the Booking Event.
d. Unless the Client informs the Photographer in writing no less than 2 days prior to the Booking Event, the Photographer will assume all persons attending the Booking Event will have consented to be filmed or photographed.
4. Title to Ownership and Use
a. Title to all Photographs and Works remains the property of the Photographer.
b. When the License to Use has expired the Photographs and Works must be returned to the Photographer in good condition within 30 days and any archived digital files destroyed.
c. Title to any materials used in producing the Works is not transferred to the Client upon payment of the invoice.
d. The License to Use comes into effect from the date of payment of the relevant invoice(s). It will only be allowed for personal use and not commercial whatsoever.
e. No use may be made of the Photographs or Works before payment in full of the relevant invoice(s) without the Photographer’s express permission in writing.
f. Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Client is a company and is put into receivership or liquidation.
g. Where restricted in this contract, permission to use the Photographs or Works for other purposes may be granted upon payment of a further fee to be mutually agreed. Note: A written agreement must be reached with the Photographer before the Photographs or Works may be used for other purposes. Where uses of an image are made which breach the Licence to Use further charges will be made.
h. Any reproduction rights granted are by way of licence only and no partial or other assignments of copyright shall be implied.
i. On the Client’s death or bankruptcy or (if the Client is a Company) in the event of a Resolution, Petition or Order for winding-up being made against it, or if a Receiver or an administration is appointed, any licence granted shall immediately cease.
Exclusivity
a. Unless agreed to in writing on the License to Use and the Invoice no exclusivity is given or implied to the Client.
b. The Photographer retains the right in all cases to use or sell the Photographs.
c. Exclusivity will not be unreasonably withheld but only on written agreement with the Photographer before work commences.
6. Website Display & Promotional Usage
a. The Client hereby allows the Photographer to display any Photograph and Works covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc.
b. The Photographer will aim to keep these Photographs and Works safe from any malicious activity but cannot be held liable or accountable for malicious actions carried out by persons.
7. Photographs, Images and Videos
a. All photograph and image sizes are nominal. The Photographer will provide a pleasing colour balance but cannot guarantee exact colour matching. In the case of part mono/part colour images, the colours used will be subject to the photographer’s artistic interpretation and will be deemed to be correct.
b. All Photographs and Works supplied by the Photographer are produced to the highest standards using the best quality materials and latest processing techniques, including ensuring all equipment is of the highest quality. However, all photographs will, in time, fade. This is particularly true if they are left in bright sunlight and are not behind glass. The Photographer cannot accept any responsibility for this gradual image deterioration.
c. The Videography cannot accept any responsibility for any lighting, sound or interference caused outside of his/her control. This includes, but is not limited to, camera or equipment failure, adverse lighting, noise or restrictions posed by the venue of the Booking Event.
d. Whilst the Photographer uses their expertise and artistic licence to ensure that significant parts of the Booking Event is recorded, as may be outlined in the booking form, the Photographer cannot guarantee that he/she will record every aspect of the Booking Event.
e. All pictures, videos and Works purchased are presumed to have been received in good condition unless the Client notifies the Photographer in writing of any discrepancy or error within 14 days of receipt.
f. In the case of videos/videography, the first draft copy provided to the Client by the Photographer of the video download links will be presumed to be correct unless the Client notifies the Photographer in writing of any amendments within 14 days, following which it will be deemed final, and any further amendments made may incur further cost to the Client.
8. Liability
a. The Photographer shall not be liable for indirect loss or third-party claims occasioned by delay in completing the work or for any loss to our customers arising from delay in transit. Where work is defective for any reason, including negligence, the Photographer's liability (if any) shall be limited to rectifying such defect.
b. Personal Accident - Any directions issued to the Client, their guests or employees during a photographic shoot are deemed to be at said person’s own risk. The Photographer cannot be held responsible for any personal accidents during a photographic shoot.
9. Booking Fee and Payment
a. A non-refundable Booking Fee of 30% of the Overall Booking Price is charged when the Client agrees with this contract, this fee is deducted (in full) from the Overall Booking Price. The Booking Fee secures the time and services of the Photographer for the Booking Event and is non-refundable or transferable in the event of cancellation.
b. A further payment of 50% of the Overall Booking Price is due in full the day before the Booking Event.
c. The remaining balance of 20% of the Overall Booking Price is due in cleared funds prior to:
i. In the case of Photographs, the album being sent to the manufacturer after the album has been agreed with the Client;
ii. In the case of videos/videography, the draft copy of the download link being provided to the Client.
d. For the avoidance of doubt, the album will not be sent to the manufacturer and/or a draft video download links the will not be given to the Client by the Photographer until payment is made in full.
e. Payment by the Client must be made in full on the dates specified, and within 28 days after the album and any videography is agreed with the Client, whether they wish to proceed with ordering the product of not.
f. Should payment not be in made in full, further charges may be made for any additional statement, letter (whether as an email, fax, etc) issued for the recovery of the outstanding debt of not less than £15.50 plus VAT each and all other costs for the recovery of debts including bank charges.
g. A further charge of 5% over the Bank of England base rate from time to time is added to the invoice on the first day following that when settlement should have been made. The Late Payment of Commercial Debts (Interest) Act 1998 will be enforced.
h. Where a Client is a company and whether or not that company has gone into liquidation the individual directors will be responsible for all outstanding fees and costs in relation to the contract.
i. Any copyright that the Photographer may release, will only be done so when 100% of the payment has been made in full.
Expenses
a. Where extra expenses or times are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise. The Client shall give approval to and be liable to such extra expenses or fees, in addition to the fees and expenses shown on the Estimate as having been agreed or estimated.
11. Cancellation
a. Cancellation received by the Photographer in less than 100 days before the Booking Event will result in the payment in full for the complete photographic coverage booked. Where no package has been specified on the booking form, it will be deemed that the client(s) have chosen a package to the value of ………... The client(s) are hereby advised to take out an appropriate insurance policy to cover any expenses incurred in the event of cancellation. All cancellations must be in writing.
b. The Photographer may agree to a postponement of the Booking Event, but only in limited circumstances which may include, but not limited to, death, the break-up of a relationship, etc. If and when the Booking Event has been postponed (rather than canceled) to a later date the photographer will retain the fee as long as the photographer can re-schedule for the new date and time. Where the Photographer is able to re-book the date with an equivalent booking then the cancellation fee will be reduced to the original booking fee.
12. Prices
a. All services and/or goods are supplied at the current prices ruling at the time of each individual payment and are subject to change without prior notice. The Photographer is not VAT registered so VAT is not quoted (nor is it charged).
13. Refund Policy
a. The Photographer will not refund, nor accept the return of/refusal to pay charges for, any technically acceptable Photograph or Works supplied either in print or in electronic format. No exception can be made as we cannot be held responsible for individual tastes or exceptions.
14. Retouching
a. Retouching and artist finishing is available as an optional extra and the final output and finish of any image that is re-touched will be at the Photographer’s discretion.
Right to a Credit
a. The Licence to Use requires that the Photographer’s name “Vivida Photography London” will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). The Photographer also asserts his/her statutory and moral right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
Supply to Third Parties
a. The license only applies to the Client and product stated on the Licence to Use.
17. Storage of Images
a. Original digital images are kept on an active file for four months, after which time the raw images are stored in a secure location (access to these images is solely limited to the Photographer). Raw image files will not be deleted unless expressly requested to do so by the client.
b. Save for the purposes of production for the licenced use(s), the Photographs may not be stored or archived in any form without the written permission of the Photographer.
c. Manipulation of the image or use of only a portion of the image may only take place with the written permission of the Photographer.
d. Digital Data is stored by the Photographer on the understanding that the Photographer is not responsible for the future integrity of that data, or of any failure to retrieve data from the Photographer’s archive.
Confidentiality
a. The Photographer will keep confidential and will not disclose to any third parties or make use of information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.
19. Complaints
a. Any complaints should first be raised by the client with the Photographer in writing within 14 days from the date of receipt of images.
20. Force Majeure or Act of God
a. The Photographer will endeavour to put the Client in touch with another photographer in the event they are unable to attend to the shoots as agreed with the Client in the Booking Form due to any cause beyond their reasonable control such as, but not limited to, sudden illness, injury, victim of crime, flooding etc. In the event of cancellation by the Photographer, or in the very unlikely event of total photographic failure, liability shall be limited to a full refund of any fees paid.
b. In the event the Photographer is delayed in attending the location/venue for the Booking Event, the Photographer will not be held liable due to any cause beyond their reasonable control, such as, but not limited to, traffic delays, severe weather conditions, technical or equipment failure. In such circumstances, the Photographer will contract the Client as soon as possible to discuss alternative arrangements.
21. Law & Jurisdiction
a. These Terms and Conditions shall be governed and construed in accordance with the Laws of England and the Courts in England and Wales have jurisdiction
Variation
a. These Terms and Conditions shall not be varied except by agreement in writing.
Maninder Ghatoray
Maninder Ghatoray