Active Imagery Photography Legal - Terms & Conditions
The terms listed below shall be deemed as a contract between you (“The Client”) and Active Imagery Photography and no variation or modification of this contract shall be effective, unless agreed by both parties in writing.
Service & Orders
Active Imagery Photography will carry out all Photography in accordance with agreed instructions from “The Client” using professional photographic equipment. A brief for each assignment will be agreed at the time of commission by way of consultation and agreement with the client. This will include any relevant details regarding site access, property position, model release forms and other factors which may have a bearing on the photography assignment should also be provided at this time. “The Client” understands and accepts that the photographic coverage will be as the photographer’s professional expertise determines and that no one photograph will be deemed more important than another. Special requests are not binding instruction although every effort will be made to comply with “the Client’s” wishes. Any special requests not notified on this booking form must be made by “the Client” to Active Imagery Photography in writing. Please note, failure to provide information, which results in an abortive trip to the site, may result in a charge being made by Active Imagery Photography to cover time & associated travel costs.
On occasions and without notice it may be necessary for the photographer originally specified to be substituted by another photographer, (e.g. due to ill health). This will be communicated to the client within a reasonable timescale in order to either proceed or postpone dependent upon the clients wishes.
Where agreed, Active Imagery Photography will provide proof images to enable clients to make their final selection of images required.
These images will be made available via an online web gallery unless otherwise agreed with the client.
Delivery of completed images
All goods will be delivered, in the format agreed at the time of ordering, as soon as possible after completion of the photography. Where possible all deadlines agreed at the time of order will be met, unless notified otherwise (see note below regarding weather conditions). Please note delivery of panoramic images or other special requests, e.g. photo manipulation, will take longer and a delivery timescale will be agreed at the time of ordering.
Digital Manipulation of Images
All digital images usually require some standard alteration in relation to toning, colouring & sharpening, prior to printing, similar to the processes previously carried out in the darkroom. This work is carried out within the costing of Active Imagery Photography’s agreed fees.
Active Imagery Photography is able to offer additional digital manipulation services over and above this where required. Examples of this include removal of background objects/people, altering the colour of the sky/grass, etc. If such work is required this will be subject to an additional charge to be agreed prior to the work commencing.
Please note that photographs which will be used to sell or market property, or be representative of the state of works at a given time, should not be altered in any way which may misrepresent the property/works concerned, i.e. power lines or background/adjoining buildings removed. If digital manipulation of images is requested
Active Imagery Photography cannot be held liable for any misrepresentation that may occur if these photographs are subsequently used for such purposes.
Any images produced under the terms of this contract by Active Imagery Photography are protected by the Copyright and Design Act 1988 and remain the property of Active Imagery Photography, whether stored digitally or otherwise. 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 unless agreed otherwise with Active Imagery Photography (see below for reproduction rights). In all cases, unless specifically negotiated otherwise, copyright of all images taken as part of a commission will remain with Active Imagery Photography. Commissioned images will be supplied with either personal or corporate reproduction rights.
Personal reproduction rights allow copying of images by “the Client” for personal purposes only. Personal reproduction rights do not allow the use of images for corporate advertising, marketing or publicity in any way, including their use on websites or other electronic media. Should "the Client" subsequently wish to use the images for this purpose, written permission must be sought from Active Imagery Photography.
Corporate reproduction rights allow photographs to be reproduced by” the Client” that has commissioned the images. These images may be used by the Client in their own promotional material, for marketing purposes, advertising, internet/intranet sites, on retail goods etc.
In instances where photography is commissioned through a third party, e.g. Design Agencies, the Corporate Reproduction Rights extend to the end user of the images.
Unless agreed otherwise in writing, the Agency may only use the images for the purposes of supplying the original end user. In all cases, images (in whole or part) may not be sold or passed to a third party (even without charge) without the express written permission being granted by Active Imagery Photography.
If such a request is made, Active Imagery Photography reserves the right to charge a fee for use of the images by the third party. The level of this fee will be based on the proposed usage of the photograph. Please note that unauthorised copying of a copyright image (in whole or part) is an infringement of law and as such can be subject to criminal sanctions such as a fine or imprisonment or civil sanctions such as claims for damages, accounts, delivery up or injunctions precluding one's use of the images.
Active Imagery Photography reserves the moral right to be credited as the author of any published photographs.
The agreed order will detail the cost of services to be provided by Active Imagery Photography & will be based on specific requirements of "the client", e.g. type of photography, panoramic images, additional mileage travelled, etc. Please note should agreed orders subsequently change, Active Imagery Photography reserves the right to charge for additional services provided/time incurred.
All prices quoted by Active Imagery Photography are exclusive of VAT (Value Added Tax). VAT will be charged at the prevailing rate (currently 20%) on all orders.
Full payment (inclusive of VAT) is due within 30 days of presentation of Active Imagery Photography’s invoice, which will be issued on provision of the proof images, unless agreed otherwise.
Active Imagery Photography reserves the right to charge interest at the prevailing bank base rate +2% if payment is not made within the terms agreed at the time of order.
In most instances where photographs are taken from public places or highways, permission is not required to carry out photography.
In certain circumstances however, where access is required to private land to obtain photographs, where parking restrictions are in place, or where a site is close to a sensitive area (Military installation, airport, government buildings, etc.) permission may be required. "The client" will be responsible for obtaining the appropriate permission to enable photography to take place in such areas and in all areas that require photography to be carried out on private land (e.g. retail parks, shopping centres, etc.).
Failure to obtain such permission may result in photography not being possible & a charge for travel time and costs may be incurred.
Model & Property Release Forms
Unless specifically agreed in writing prior to the commencement of photography, images will be provided without obtaining model or property release forms. It is solely the responsibility of “The Client” to obtain such permissions and to make the moral decision whether to publish photographs which contain images of individuals where model release forms have not been obtained, i.e. shoppers in retail parks/shopping centres.
Active Imagery Photography accepts no liability in circumstances where supplied images are used by “The Client” without such a release and subsequent action is taken by individuals or companies against “The Client”. Should “The Client” require such permissions, Active Imagery Photography should be informed prior to the commission being undertaken.
In addition to the above Active Imagery Photography accepts no responsibility where images of Trade Marks/Company logos are used by “The Client” to support other non-associated works.
In order to operate safely and within the limits of the equipment, from time to time weather conditions (high winds, lightening & rain) may preclude photography from taking place.
In such circumstances Active Imagery Photography will contact you and arrange to take the photographs as soon as possible after the originally agreed time. Active Imagery Photography cannot be held responsible for any missed deadlines in respect of you not having received your order by the agreed deadline due to the prevailing weather conditions. Should work be interrupted by a change in weather conditions, Active Imagery Photography will arrange for a further site visit to carry out the completion of the work.
Please note there may be an additional charge for re-visiting the site which will depend upon the location and initial client briefing. Please note if you have specific requirements regarding weather conditions for your images (e.g. sunshine) this must be agreed at the time of order. Active Imagery Photography will make every effort to comply with these wishes however it may not be possible to achieve the requested images within a limited timescale.
Force Majeure or Act of God
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control. Image use Active Imagery Photography will not accept any liability should commissioned images be used in a defamatory manner by the Commissioner.
Active Imagery Photography also reserves the right to object to photographs being used in a manner which distorts, mutilates or is other damaging to the business’ reputation. Unless specifically stated otherwise by “the client” in writing, Active Imagery Photography reserves the right to use the commissioned images in promotional material relating to the business.
In addition, Active Imagery Photography reserves the right to make the images available for sale to a third party, unless specifically stated otherwise in writing, at the time of the commission being carried out. Cancellation “The Client” may cancel this contract at any time by giving written notice in advance to Active Imagery Photography.
Should cancellation of the contract occur after work has commenced or expenses incurred in relation to the contract these costs will be charged to “the Client” and will be payable in full. Limitation of Liability In the unlikely event of a total photographic failure or cancellation of this contract 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. Neither party shall be liable for indirect or consequential loss.
Public Liability Insurance
Active Imagery Photography holds Public Liability Insurance (£2 million) which covers all aspects of their Photographic work. This insurance is available to inspect by “The Client” upon request. Complaints Any complaints should be raised by “the Client” with Active Imagery Photography, in writing, within 28 days of first becoming aware of the matter to be complained of and in any event within 28 days of receipt of the images.
Active Imagery Photography is a trading name of Stephen PF Brown
25 February 2014