TERMS & CONDITIONS
1. TERMS & DEFINITIONS
a. The “photographer” will be known as Peter Bruce Photography.
b. The “client” will be known as any person, business or company commissioning the photographer.
c. The “photographs” means all photographic material captured and supplied by the photographer.
d. All terms & conditions of the photographer will be the only ones applicable, unless agreed in writing, either by email or hard copy by the photographer and the client.
e. The Photographer reserves the right to amend these terms and conditions without prior notice.
2. COPYRIGHT & OWNERSHIP OF PHOTOGRAPHS
a. Unless the client has requested exclusive use of the photographs prior to the photoshoot, and this has been agreed in writing by the photographer, the photographer retains full copyright of all images, at all times, throughout the world, in accordance with the Copyright, Designs and Patents Act 1988. If no exclusivity has been agreed, the photographer may use and resell the photographs without the permission of the original client.
b. The client is licensed to use the photographs for all digital & print use relating to themselves or their company/business, for an unlimited time. The client must not distribute/sell the photographs to a third-party.
c. The photographer would appreciate being identified as the author of all photographs, whether they are being used in print or digital format, by the words: ‘Photographs by Peter Bruce Photography’. If the photographs are being shared on social media a clickable handle may be used (@peterbrucephotography).
d. Unless otherwise agreed in writing, the photographer retains the right in all cases to use the client’s name, business or company name, in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his work.
e. It is the client’s responsibility to ensure that all the necessary clearances/ property releases have been obtained to allow the photographs to be taken without hindrance or infringements of trademarks or copyrights. The client shall indemnify the photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
It is the client’s responsibility to gain written parental permission when persons under the age of eighteen years are to be photographed. Permission is also necessary to allow identification and publication of photographs of children. The photographer accepts no liability for non-supply of photographs if parental permission has not been granted.
f. The photographer will retain copies of the photographs from the photoshoot for at least 6 (six) months after the photographs have been delivered to the client.
After the initial enquiry an email will be sent to the client giving pricing details and copies of the following documents:
• Photoshoot Requirements
• Photoshoot Process
• Photoshoot Process
If the client wishes to proceed, they will return the completed Photoshoot Requirements document to the photographer.
It will be assumed the client agrees to all of the photographer’s terms and conditions if they book the photoshoot.
A booking fee of £100 will be invoiced to the client, and is payable prior to confirmation of the photoshoot date. This fee will be deducted from the final invoice.
Any changes and cost implications to the photoshoot requirements will need to be agreed in writing, between the photographer and the client prior to the photoshoot.
The booking fee will be returned to the client if either the client or the photographer has to cancel the photoshoot 14 days prior to the date of the photoshoot. If the client cancels the photoshoot 1 – 13 days prior to the date of the photoshoot the photographer will return a discretionary amount of the booking fee. If the photographer has to cancel due to reasons beyond his control (eg injury, sickness etc) liability shall be limited to a full refund of the booking fee only.
In the event of a postponement the photographer retains the right to keep the booking fee and will make every effort to reschedule the photoshoot at a suitable time for the client and the photographer. For cancellations/ postponements due to weather conditions, the photographer reserves the right to reschedule the shoot.
a. Payment can be made by PayPal or bank transfer.
b. Payment for the balance of the final invoice will be expected for the commissioned work within 30 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days the photographer reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
c. The photographer may make additional charges should an assignment overrun due to circumstances beyond the control of photographer (eg including but not limited to the client requesting additional photographs over and above the client's original brief etc).
d. Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
6. CLIENT CONFIDENTIALITY
The photographer will keep confidential and will not disclose to any third parties or make use of information communicated to him in confidence for the purposes of the photography, save as may be reasonably necessary to enable the photographer to carry out his obligations in relation to the commission.
a. The client shall indemnify and hold harmless the photographer from any loss, damage or liability resulting from the client’s breach of the terms and conditions. The client agrees to indemnify and hold harmless the photographer for any liability, damage, or loss related to technological failure, including data loss.
b. The photographer shall be held harmless for any and all injury to the client, his associates or property owner during the course of the photography session and the immediately surrounding events. The client understands and agrees that the photographer may have cords, light stands, and other gear at the location. The client will hold the photographer harmless for any damage, personal injury, or loss caused by tripping over or otherwise being injured from this equipment.
c. The supply of products/services are provided by the photographer on a reasonable endeavours basis, and agreed deadlines met where possible. The photographer shall not be liable for any delays in meeting any of his obligations which were due to causes beyond his reasonable control including but not limited to sickness, adverse weather conditions, acts of God, floods, fire, loss etc.
d. In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the photographer’s control, including but not limited to camera, hard drive, or equipment malfunction, the photographer’s liability is limited to the return of all payments received for the photoshoot.
The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
e. In no event shall the photographer be liable for any incidental, indirect, punitive, exemplary or consequential damages whatsoever (including damages for loss of profits/contracts/business, interruption, loss of business information or any other loss).
f. The photographer’s maximum liability for all losses, damages, costs, expenses and claims in any event will be limited to the total amount of fees paid by the client to the photographer for the relevant commission.
g. This agreement shall be governed by the law of Northern Ireland.
8. DATA PROTECTION
Any information or data is kept in accordance with data protection principles set out in the Data Protection (GDPR) policy on the ICO (Information Commissioner’s) website. If you wish to view the photographer’s Data Protection policy please contact the photographer.