Terms & Conditions.
Last updated: January 22, 2022
Definitions
These terms & conditions apply to Christine Harding, hereafter known as the "Producer". The "Client" is the party commissioning the Producer and shall where the context so admits include their respective assignees, sub-licensees and successors in title.
General
These terms and conditions shall apply to this project and to all contracts with us to the exclusion of any other terms and conditions. Whilst we shall endeavour to adhere to the quotations issued by us, they are merely estimates and do not constitute an offer and are no way binding on us.
Advance Expenses
A Purchase Order for 100% of expenses and production costs will be issued prior to the shoot commencing. The PO is to be paid in full before the start of the production. The Producer reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 from the date payment was due until the date payment is made. Delay in payment may result in the postponement of the production.
Payment
All expenses and production costs must be paid in advance of the shoot unless otherwise agreed in writing and such invoices are due on presentation. All invoices must be paid within 30 days of the date of issue. The Producer reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 from the date payment was due until the date payment is made. Usage License and any other third party fees negotiated by the Photographer are payable regardless of whether Licenses Photographs are in face used by the Commissioner or Client. All payments are due in pounds’ sterling unless expressly stated otherwise.
Estimates
Estimates provided by the Producer at the Client's request are based upon the information provided by the Client in advance of preparing the Estimate. The shoot will be arranged on date(s) mutually agreed between the parties at the time of the estimate. Changes to the requirements for an Assignment before or during a shoot may increase the Fee and expenses. Estimates shall specify the terms of the Usage License. Estimated costs and fees shall be deemed applicable for a term of 30 days only. Fees are based on daily rates applicable at the date of Estimate.
Expenses
All costs provided are estimates and not a quotation and as such the client should allow for a 10% contingency budget in all cases. All estimated costs are stated exclusive of VAT. A Purchase Order for 100% of expenses and production costs will be issued prior to the shoot commencing. The PO is to be paid in full before the start of the production. Delay in payment may result in the postponement of the production. The Photographer will endeavor to work within the agreed cost estimate, but individual costs within the estimate may vary at his/her discretion to enable the most effective pursuance of the brief. Back-up receipts can only be provided if requested prior to shoot confirmation. Provision of receipts will incur an accountancy fee of 1.5% of total costs and fees in respect of the Assignment subject to a minimum charge of £250 and a maximum charge of £600. Where extra expenses or time are incurred by the Producer as a result of alterations to the original brief by the Client, or otherwise at it's request, the Client shall be liable to pay such extra expenses and additional fees at the Producer's normal rate.
Cancellation & postponement
A booking is considered firm as from the date of confirmation. If a shoot is cancelled or postponed for reasons outside the control of the Producer (including unsuitable weather / light), the Producer reserves the right to charge a cancellation fee at the following rates together with 100% of all incurred expenses: On shoot duration of two days or less: cancellation on 2 day’s notice or less will be charged at 100% of Fee + expenses. On 3 to 6 day’s notice - 75% of Fee + expenses. On 7 day’s notice and over - 50% of Fee + expenses. On shoot duration in excess of 2 days and on notice equivalent to: the shoot duration or less - 100% of Fee + expenses, twice the shoot duration - 75% + expenses, in excess of twice the shoot duration 25% of Fee + expenses. Booked talent & crew will receive 100% of fees if cancelled within 7 days of commencement of the assignment and 50% of fees if cancelled within 8 - 14 days of commencement of assignment.
Weather Days
Weather days will be charged at full day rates for all crew and 100% of all expenses incurred.
Force Majeure
The Producer is not liable for any failure or delay in the performance of any of such party's obligations under these Terms caused by any circumstances beyond such party's reasonable control.
Third Party rights
The Producer shall not be responsible for obtaining any clearances in respect of third party copyright works, trade marks, designs or other intellectual property used in relation to the Assignment or any Usage License or extension thereof unless expressly agreed in writing prior to the shot. Items created specifically for the shoot shall remain the property of their creator unless agreed otherwise. Engagements of third party suppliers, including models, are subject to such terms and conditions as those parties may impose which shall be available on request.
Client Confidentiality
The Producer will keep confidential and will not disclose to any third parties or make use of material or 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. It shall be the sole responsibility of the Client to arrange for any third party involved in the Assignment to carry out his/her obligations in relation to the Assignment. The Producer is not liable for any breach of confidentiality by a third party.
Extent of Liability
The Producer shall not be liable to the Client for any loss of profit, loss of contracts, loss of business or revenues, loss of production or for any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Producer, Producer’s servants or otherwise) which arise out of or in connection with the shoot. The Producer’s maximum aggregate liability for all losses, damages, costs, claims and expenses howsoever or whatsoever arising out of or in connection with these Terms shall in any event be limited to the total amount of the agreed fees paid to the Producer in relation to the relevant Assignment. Nothing in these terms excludes or limits the liability of the Producer for death or personal injury caused by the Producer’s negligence or that of his/her employees, agents or sub-contractors, for any fraudulent statement or act or for any matter which it would be illegal to exclude.
Application of terms
These terms and conditions apply to all Assignments undertake by the Producer for the Client and all Usage Licenses or extended and/or additional Usage Licenses relating to such Assignments and prevail over any other inconsistent terms or conditions contained, or referred to, in the Client's purchase order, confirmation of order, acceptance of Estimate, or specification or other document supplied by commissioner, or implied by law, trade custom, practice or course of dealing.
Insurance
The Photographer must provide his own Public Liability and Employees Liability for the purpose of the shoot. This should be increased in the case of high risk locations to ensure sufficient cover.
Applicable law
This agreement shall be governed by the laws of England and Wales.
Variation
These terms and conditions shall not be varied except by agreement in writing.