For the purpose of this agreement the “client” will refer to the commissioning party and can include their respective assignees, sub-licensees and successors in title. “Imagery” will refer to all photographic and video material created by Photopia, in any type of electronic form, or other physical material.
These terms and conditions, alongside the brief and any order information, form the contract and apply unless any other conditions have been agreed in writing and signed by us. We agree to fulfil the brief to the best of our ability and with all reasonable care. We will be faithful to any pitch, proposal or underlying conceptualisation, reflecting the same quality and integrity. The client will co-operate with us and act in good faith.
The entire copyright of all imagery created by Photopia is retained by Photopia at all times throughout the world, and no images are within the public domain. Photopia reserves the right to use the images for our own promotion and/or publicity in digital or print. Where a client feels that images may be commercially sensitive they should inform us in writing when placing an order and this will be taken into account. Photopia will not sell clients commissioned photographs to third parties. Manipulation of the imagery may only take place with the express permission of Photopia.
Any reproduction rights are granted by way of license from Photopia. The 'Licence to Use' comes into effect from the date of payment of the relevant invoice. No use may be made of the imagery before payment in full of the relevant invoice without Photopia’s express permission. Any permission which 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 put into receivership or liquidation. The 'Licence to Use' only applies to the commissioning client and its benefit shall not be assigned to any third party without Photopia’s permission. Permission to use the imagery for purposes outside the terms of the Licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use.
QUOTES AND PRICING
Quotations are valid for 28 days. The prices quoted may be revised due to errors and omissions at any time. All prices are exclusive of VAT.
Photopia may charge additional fees: on the same rates, for delays or extra work caused by the client not providing (or providing on time) information, content, instructions, media or approvals; for the provision of extra photographs, goods and services or changes to the photographs, goods and services; agreed third party expenses; to cover changes to the cost of labour, materials, services and other circumstances outside of Photopia’s control.
Any changes or alterations to the brief (including the nature of the change and how the changes will be made) must be formally agreed along with the variation to the fees. Until these are formally agreed, Photopia will continue to perform the contract and be paid for services.
There is no right to reject photographs on the basis of style or composition.
Imagery will only be treated as defective if both the client and Photopia agree that they are below the specific quality agreed or any commonly observed specific requirements suitable for the media in which the imagery is intended to appear.
Photopia take no responsibility for colours and/or resolution of images on printed material / media and websites, and will not be liable for any costs if not satisfactory.
If the client has approved the photographs or has been active in the art direction applied to the photographs then photographs cannot be rejected.
Clients should inspect the photographs on delivery and notify Photopia immediately, or within 5 working days at the latest, if they wish to claim that the photographs are defective. If Photopia agree that photographs are defective, they will agree a plan with the client, within 5 working days, on how to remedy the situation.
A booking is considered firm as from the date of confirmation. Photopia requires a minimum of 48 hours notice to cancel, postpone or reschedule a booked photography slot. Photopia is entitled to recover 25% of the shoot fees and 100% of material costs incurred. Where shoots involve models, stylists or other subcontractors then cancellation fees charged by them will be passed on.
All products supplied for photography or video must be in the condition in which they are to be shot. Where deliveries are short, goods damaged or items incorrect, we reserve the right to charge for retouching services or postpone the photo shoot until this is corrected (fees may be charged to cover down time).
Photopia does not insure clients’ products whilst they are at our studio or on location. Clients are advised to arrange their own insurance cover.
Whilst in transit either to or from our studio, our clients’ products should be covered by the insurance provided by the courier – it is the client’s responsibility to ensure that the insurance is sufficient, as we accept no responsibility for products lost or damaged in transit, to or from our studio.
Photopia has Public Liability Insurance and a copy can be provided upon request. Photopia has its own Health and Safety and Safeguarding Policies that it follows, however it is the client’s responsibility to ensure adequate health and safety measures are in operation whilst we are on location at their premises. Client staff must not tamper with equipment and any damages must be paid for.
It is the client’s responsibility to ensure that any material within the imagery does not infringe the copyright or intellectual property rights of any third party. Photopia will not produce any imagery that, in their opinion, may infringe any copyright, registered or un-registered trademarks, registered design or other intellectual property rights of any third party.
The client will indemnify Photopia against all costs, claims, damages and losses, in respect of any infringement or any alleged infringement of copyright, intellectual rights or patent rights in complying with clients special instructions or requirements.
DELIVERY OF IMAGERY
Delivery dates are given in good faith but we accept no liability in the event of these being missed due to acts, events, omissions or accidents beyond our reasonable control.
All invoices will be sent via email unless otherwise agreed.
Queries on invoices must be sent to us within 14 days of invoice
Our payment terms are 30 days from invoice date unless arranged otherwise.
Clients must provide any purchase order numbers in time for an invoice to be raised and ideally before the shoot begins.
Interest will be charged on any overdue payment at the rate of (8%) over the Bank of England base rate at the time.
A fee of £20 (excluding VAT) will be made for any correspondence, paperwork or phone calls to recover debt / unpaid invoices – this is to cover the cost of time spent pursuing overdue invoices.
We may refuse a booking, or seek advance payment, if the client’s arrangements for payment or credit are poor.
STORAGE OF IMAGES
Photopia takes no responsibility for archiving photos past the delivery date and clients are advised to keep a backup of all imagery supplied for the duration of the license.
The model / model agency is the owner or licence holder of all commercial rights and intellectual property rights relating to the model.
Models operate on a non-exclusive basis and are free to provide similar and/or competing services to any third party and/or competing product or brand of the client.
The client will be liable for all costs, claims, damages and losses, in respect of any infringement or any alleged infringement of copyright in relation to model rights.
Photopia are pleased to refer our connections onto clients where this is appropriate and helpful to clients. We do not accept liability for the work of third parties except where contractors are directly subcontracted via Photopia.
This agreement is governed by the laws of England and Wales.
For further information please contact Photopia at email@example.com