1. Charge Rates
Charge rates shall be as follows:
a. Mini Studio Portfolio £150.00
b. Exclusive Studio Portfolio £250.00
c. Mini Location Portfolio £150.00 + 45p per mile
d. Exclusive Location Portfolio £300.00 + 45p per mile
e. Retouching Work for additional images £15.00 per hour
Note: Hair & Makeup not included
2. Terms of Payment
Terms of Payment shall be as selected below:
Payment deposit of 50% on signing and balance shall be payable on delivery of images.
3. Rejection Fee
A rejection fee of 75% shall apply
4. Cancellation or Postponement Fee
A cancellation or postponement fee of:
a) 30% shall apply if cancellation is done in writing 30 days prior to shoot date
b) 50% shall apply if cancellation is done in writing 15 days prior to shoot date
c) 75% shall apply if cancellation is done in writing 7 days prior to shoot date
d) 100% shall apply if cancellation is done in writing 24 hours prior to shoot date
Mini Studio/Location Portfolio Package
a) Set of contact prints for Client to choose the images from
b) SEVEN professionally retouched high resolution images as chosen by the Client
Electronic delivery via DropBox
Exclusive Studio/Location Portfolio Package
a) Set of contact prints for Client to choose the images from
b) TWELVE professionally retouched high resolution images as chosen by the Client
Electronic delivery via DropBox
PORTFOLIO PHOTOGRAPHY TERMS AND CONDITIONS
(a) For the purpose of this agreement “the Agency” 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), all references in this agreement to both “the Agency “and “the Client” shall be interpreted as references to the Photographer’s Client.
(b) For the purpose of this agreement “The Photographer” will mean the Author of the Photograph or Narita Savoor. And shall where the context so admits include their respective assignees, sub-licensees and successor in title.
(c) “Photographs” and “Works” means all photographic 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.
(d) All contracts verbal or written are only accepted on the basis that the Terms and Conditions of the Photographer are the only ones applicable.
(e) Other Terms and Conditions proffered by the Client are specifically excluded unless agreed in writing beforehand by the Photographer.
(f) 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.
(g) 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 authorised to do so.
(h) 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.
2. CHARGE RATES
The Photographer charges the Client in accordance with the charge rates as specified in APPENDIX A CHARGE RATES. The charges are fixed and non-negotiable once this Contract is signed. The Client agrees to pay said charges in accordance with the payment period as specified in clause 8.
The Client shall be compensated in accordance with the deliverables states in APPENDIX A DELIVERABLES. Additional images can be purchased by the Client at the standard rate of £30 per image.
(a) The Author retains the entire copyright in the Photographs and Works at all times, throughout the World and (b) Where reproduction of Works has taken place and settlement has not been made, the Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.
5. MODEL RIGHTS
The Client, Agency and Subject(s) hereby grant to Photographer, the irrevocable and unrestricted right to use and publish photographs of the Client or in which the Client may be included for the promotion of its business and services, including editorial, trade, advertising and any other purpose and in any manner and medium.
The Client shall not engage in photography or videography during the Session unless agreed with the Photographer.
7. OWNERSHIP OF MATERIALS.
(a) Title to all Photographs remains the property of the Photographer. (b) When the License to Use has expired the Photographs 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.
(a) The License to Use comes into effect from the date of payment of the relevant invoice(s). (b) No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission in writing. (c) 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 Agency is put into receivership or liquidation. (d) Where restricted in the Agreement, permission to use the Photographs for other purposes will normally 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 may be used for other purposes. Where uses of an image are made which breach the licence to use further charges will be made. (e) Any reproduction rights granted are by way of licence only and no partial or other assignment of copyright shall be implied. (f) 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.
(a) Unless agreed to in writing on the License to Use and the Invoice no exclusivity is given or implied to The Agency and/or The Client. (b) The Photographer retains the right in all cases to use the Photographs for the purposes as stated in clause 5. (c) Exclusivity will not be unreasonably withheld but only on written agreement with the Photographer before work commences.
6. CLIENT 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.
7. PROVISION OF WARDROBE
The Client is responsible for providing their own styling. However, if this is not possible then the Photographer can provide the wardrobe items by purchasing them on the condition that any items that are soiled or marked in any manner whatsoever will have to be paid for in full by Client without exception. A standing charge of FIFTY POUNDS (£50.00) is payable for provision of this service and is non-refundable.
(a) It is the Client who must satisfy himself/herself/It’s self that all necessary rights, model releases, clearances or consents which may be required for reproduction of people, places or items depicted within any Works are obtained. (b) It is acknowledged that the Photographer gives no warranty or undertaking that any such rights, releases or consents are or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or Works of art depicted in any picture. (c) The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed in writing before the shoot. (d) In all other cases the Client shall indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.(e) The Photographer will not be liable for any loss or damage, for any consequential loss of profit or income however caused including negligence by the Photographer, Narita Savoor their employees or agents or otherwise, and it is the Client’s responsibility to insure against such loss or damage.
(a) Payment by the Client will be strictly as specified in Appendix A Terms of Payment and if not so specified then within 30 days of the issue of the relevant invoice for the commissioned work.(b) Thereafter, 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. (c) A further charge of 5% over the NatWest Bank rate from time to time is added to the invoice on the first day following that when settlement should have been made. LATE PAYMENT OF COMMERCIAL DEBTS (INTEREST) ACT 1998 will be enforced. (d) 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.
(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.
(a) Unless a rejection fee has been agreed in advance in Appendix A Rejection Fee, there is no right to reject on the basis of style or composition.
12. CANCELLATION & POSTPONEMENT.
(a) A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a fee of cancellation or postponement as specified in Appendix A Cancellation/Postponement Charge.
(b) This contract between the Photographer and Client shall not become effective until it is signed and the initial amount due has been paid. At the time the contract takes effect, Photographer shall reserve the date and time agreed upon, and not make any other reservations or accept any other clients for said date and time. For this reason, in the event that Client cancels the contract for any reason, all monies paid shall be retained by Photographer in order to offset its loss of business.
(c) If the Photographer is unable to perform this Agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and Client will make every attempt to reschedule the session. If this cannot be done, Photographer will refund any advance deposit payments made.
13. RIGHT TO A CREDIT.
(a) The Licence to Use requires that the Photographer’s name ‘Narita Savoor’ 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.
13. SUPPLY TO THIRD PARTIES.
(a) The licence only applies to the Client and product stated on the Licence to Use.
14. ELECTRONIC STORAGE.
(a) Save for the purposes of production for the licensed use(s), the Photographs may not be stored or archived in any form without the written permission of the Photographer. (b) Manipulation of the image or use of only a portion of the image may only take place with the written permission of the Photographer. (c) 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.
15. APPLICABLE LAW.
(a) This agreement shall be governed by the Laws of England & Wales.
(a) These Terms and Conditions shall not be varied except by agreement in writing.