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Image Use Policy & Terms of Business

Image Usage Policy

 

As photographer, the copyright for all images remains in my possession, but of course the Client has full licence to use the images in their corporate communications and personal use as they see fit.

As a photographer, I often need to present examples of previous work in my online portfolio. Very occasionally I might showcase one or two images on professional social media platforms.

It is my policy that, in my portfolio or on social media, I will only share an image if:

    • That image does not pose a significant risk to an individual’s personal data.
    • That image does not pose a risk to corporate security – with regards to corporate data, IP, new products etc
    • Any visible name is unreadable or obscured in post-production.

Some of my Clients conduct business of a very sensitive nature, and have strict security protocols. So if a Client has a reasonable objection to images shared in this way, then they will be excluded from social media usage, and will only be presented in my portfolio in a password protected gallery, for invited visitors only.

Jon P Farmer
Photographer - Over & Under Sporting Photography

Over & Under Sporting Photography – Terms & Conditions

These Terms and Conditions are the standard terms that apply to all photography services provided by Jon Farmer, trading as Over & Under Sporting Photography, of 8 Leatherworks Way, Little Billing Village, Northampton, NN3 9BQ (“the Photographer”).

  1. Definitions and Interpretation
    • In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

Consumer is as defined in the Consumer Rights Act 2015;

           “Contract” means the contract for the provision of our Services, incorporating these Terms and Conditions, as set out in clause 2;

“Client” means you, the Consumer or business purchasing our Services.  Where an individual is entering into this Contract on behalf of a business, the individual confirms they have the authority to enter into this Contract on behalf of that business and the business will be the Client in the context of this Contract;

“Photo Shoot” means all stages of our Services provided to you including preparation beforehand, the taking of photographs and the processing of photographs;

“Quotation” means our quotation for providing the Services and the photographs, which unless otherwise stated, remains open for acceptance for a period of 30 days and sets out our entire scope of works; and

“Services” means the services provided by us.

  • Unless the context otherwise requires, each reference in these Terms and Conditions to:
    • “writing” and ”written” includes emails and similar communications;
    • “we”, “us” and “our” is a reference to the Photographer;
    • “you” and “your” is a reference to the Client;
    • a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
    • “these Terms and Conditions” is a reference to these Terms and Conditions as amended or supplemented at the relevant time;
    • a clause is a reference to a clause of these Terms and Conditions; and
    • a "Party" or the "Parties" refer to the parties to these Terms and Conditions.
  • The headings used in these Terms and Conditions are for convenience only and shall have no effect upon their interpretation.
  • Words imparting the singular number shall include the plural and vice versa. References to any gender shall include the other gender.  References to persons shall include corporations.
  1. The Contract
    • These Terms and Conditions govern the sale and provision of our Services and will form the basis of the Contract between you and us. No terms or conditions stipulated or referred to by you in any form will in any way vary or add to these Terms and Conditions unless we agree otherwise in writing.
    • We will provide you with a written Quotation for our Services. A legally binding Contract between you and us will be created upon your acceptance of our Quotation.  Before accepting our Quotation, please ensure that you have read these Terms and Conditions carefully.  If you are unsure about any part of these Terms and Conditions, please ask us for clarification. 
    • Our Quotation is based on the information provided to us at the time we prepare it. If any errors or discrepancies become evident which affect our price, we reserve the right to make adjustments to it.
    • You may change the details of your booking at any time prior to the date of the Photo Shoot by contacting us. Please note that there may be certain changes that cannot be accommodated but we will let you know this when you contact us.  Under certain circumstances, if you reschedule the Photo Shoot, a new deposit may be payable, reflecting our lost opportunity to make bookings with other clients.   Please refer to clauses 7 and 8 for further details.  If your booking is changed, we will inform you of any change to the price in writing.
  1. Our Services
    • Please provide us with as much information as possible about the Photo Shoot in advance, including any specific photographs or compositions that you may require. However, any such photographs and compositions discussed are a guide only and are dependent on the circumstances, such as timing, weather, venue issues, willingness of participants and delays.
    • We will provide our Services with reasonable skill and care, consistent with best practices and standards in the industry.
    • We will use our own exclusive judgement when selecting equipment and deciding upon artistic factors such as composition, lighting and photographic style. Subject to clause 9, we cannot be held responsible in the unlikely event you are dissatisfied due to a matter of personal taste.
    • We will use all endeavours to provide you with the best possible photographs, however this is subject to the venue’s allowances. Please also bear in mind that events beyond our control, such as impractical layout and low lighting could significantly affect the quality of the photographs.  For wedding Photo Shoots, confetti photographs are subject to the venue’s policies regarding this.
    • We will take as many photographs as we deem appropriate so we can provide you with the best choice when processing and preparing the final photographs. The number of photographs taken during the Photo Shoot will not affect the price
    • You are responsible for ensuring that any children and animals are accompanied and fully supervised at all times during the Photo Shoot.
    • You agree that we will be the sole professional photographer for the Photo Shoot.
    • Following processing and preparation of the photographs, we will provide a viewing service to you to enable you to select the photographs you require. We will provide the selected photographs in the format(s) agreed at the time of selection, subject to the terms of the licence granted in accordance with clause 6 below.
    • You confirm your acceptance and satisfaction with any photographs on viewing the same. Any additional editing required after this time will be chargeable.  The photographs will be exactly as viewed and any concerns must be addressed to us at this time. 
    • We will provide the final photographs as soon as reasonably possible but we cannot guarantee a particular delivery date or time. We will retain your photographs for a restricted time period and so if additional copies are required, these will be chargeable if we are able to provide them.
    • We can also provide printing, framing and scanning Services. In this event, all personal items of yours are left with us at your risk.  Our liability for loss or damage will be limited as set out in clause 9.
  1. Pricing
    • All prices quoted include VAT, where applicable. If the rate of VAT changes between your acceptance of our Quotation and the date of your payment, we will adjust the rate of VAT that you must pay.  Changes in VAT will not affect any prices where you have already made payment in full.
    • We may charge for any reasonable expenses incurred by us in addition to the quoted fee, such as for travel and accommodation. No such sums will be incurred or charged unless you agree this in advance.
    • If we specify in our Quotation that we have included for a specific number of photographs, then any additional photographs requested by you will be chargeable.
    • We reserve the right to charge a waiting fee for wasted visits or delays either before, during or after the Photo Shoot, caused by anyone other than us.
  1. Payment Terms
    • Our payment terms for photography for Consumer Clients are:
      • 25% deposit, payable upon acceptance of our Quotation, in order to secure the date. Until this deposit is paid, we cannot confirm the date for the Photo Shoot has been booked;
      • 50% of the quoted fee is to be paid no later than 2 months prior to the agreed date of the Photo Shoot;
      • 25% of the quoted fee is to be paid on completion of the Photo Shoot and on viewing the photographs. We will not make the selected photographs available to you until we have received this final payment in full.
    • Business Clients will be invoiced upon completion of the Services. Payment is due upon receipt of the invoice unless otherwise agreed.
    • All printing, framing and scanning Services are payable in full, up front, at the time of accepting our Quotation, unless otherwise agreed.
    • All payments must be made in full, without set-off, withholding or deduction. If you do not make payment to us by the due date, we reserve the right to charge you interest on the overdue sum at the rate of 4% per annum above the Bank of England base lending rate from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment.  You must pay any interest due when paying an overdue sum.
  1. Copyright and Licence
    • Copyright in all photographs we take is and shall remain our Unless we agree otherwise in writing, nothing in the Contract will vest any ownership rights in you.
    • In the case of Services provided for business Clients, we will provide a non-exclusive limited copyright licence to you. You will have the right to use the selected photographs on the internet, in promotion and marketing, and in publications with a circulation not exceeding 250,000.  In the case of Services provided for Consumer Clients, you will have the right to use the selected photographs for personal, non-commercial purposes only.
    • Provided payment is made in accordance with the terms of payment above:
      • The licence will become effective once we have delivered the selected photographs to you;
      • The licence will apply only to the selected photographs and will not extend to any other images or material viewed by you;
      • You may not sub-licence the right to use the selected photographs without our prior written permission;
      • Subject to clause 11, we reserve the right to use any photographs we have taken in any advertising or promotional material, publications, print, competition entry or any other purpose we may require.
    • Any licence granted will be automatically revoked if you breach any of its terms.
    • At our sole discretion, and at additional cost, we may grant a non-exclusive extended copyright licence to you, allowing for use of the selected photographs for any commercial purposes, including publications over 250,000 and for use for or within saleable merchandise. Should the photographs be required for any other purpose, further permission must be requested from us in advance.
  1. Cooling Off Period for Consumer Clients
    • If you are a Consumer, you have a statutory right to a “cooling off” period. This period begins once the Contract between you and us is formed and ends at the end of 14 calendar days after that date.  If you wish to cancel the Contract within the cooling off period, you should inform us immediately by post or email. You may use our Model Cancellation Form, but you do not have to.  To meet the cancellation deadline, it is sufficient for you to send your cancellation notice before the cancellation period has expired.  If you do so, we will refund any sums paid to us under the Contract within 14 days, using the same method you used to make payment, unless you request otherwise. 
    • If you wish for our Services to start within the cooling off period, you must make an express request for us to do so. You acknowledge and agree that if you do so, you will lose your right to cancel if our Services are completed within the 14 day cooling off period.  If we have begun providing our Services, you will be required to pay for the Services we have provided up to the point at which you inform us of your wish to cancel. 
  1. Cancellation and Rescheduling after the Cooling Off Period and for Business Clients
    • After the expiry of the cooling off period set out in clause 7.1 or if you are not a Consumer, you are required to provide us with a minimum of 14 days’ written notice if you wish to cancel the Contract or reschedule the Photo Shoot. If we do not receive the required notice, we will retain any deposit paid and will invoice you for any Services provided up to the date of cancellation. 
    • Please note that if you wish to reschedule the Photo Shoot, we will endeavour to accommodate this request but may be unable to provide our Services on the date you require.
    • We reserve the right to cancel the Photo Shoot at any time prior to the agreed start date and in this event, we will refund any sums paid to us in advance. This will be our sole liability for the cancellation. 
    • Either Party may cancel the Contract immediately if the other:
      • has committed a material breach of this Contract, unless such breach is capable of remedy, in which case this right to terminate will be exercisable if the other Party has failed to remedy the breach within 14 days after a written notice to do so; or
      • goes into bankruptcy or liquidation either voluntary or compulsory (save for the purposes of bona fide corporate reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets.
    • Cancellation of the Contract for any reason will not affect the rights and liabilities of the Parties already accrued at that time and any clauses that are stated to continue in force after termination will not be effected.
  1. Our Liability
    • We have in place Public Liability insurance with an indemnity limit of £2 million and Professional Indemnity insurance with an indemnity limit of £25,000. Please note our insurance does not cover any risks to third parties on any premises where the Photo Shoot is to be held and any third party enters such premises entirely at their own risk. 
    • We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence (including that of any of our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.
    • Under no circumstances will we be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
    • Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of any of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
    • Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a Consumer, where applicable. For more details of your legal rights, please refer to your local Citizens’ Advice Bureau or Trading Standards Office.
  1. Events Outside of our Control (Force Majeure)

We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism or war, epidemic or other natural disaster, or any other event that is beyond our reasonable control.

  1. How We Use Your Personal Information (Data Protection)
    • All personal information that we may collect will be collected, used and held in accordance with the provisions of the General Data Protection Regulation 2016, together with any amendments to it. For further information, please refer to our privacy notice, which is available on our website (www.prophotoservices.co.uk).
    • Please note that it is your responsibility to obtain the express permission of all individuals attending the Photo Shoot for their photographs to be taken and shared on our website and on social media. We will not share any photographs which we deem to be a risk to an individual’s privacy. 
  1. Other Important Terms
    • We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if we sell our business). If this occurs you will be informed by us in writing.  Your rights under these Terms and Conditions will not be affected and our obligations under these Terms will be transferred to the third party who will remain bound by them.
    • You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written permission.
    • The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
    • If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
    • No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
    • Nothing in the Contract will render or be deemed to render us an employee or agent of yours or you an employee or agent of ours.
  1. Complaints and Feedback
    • We always welcome feedback from our Client and, whilst we always use all reasonable endeavours to ensure that your experience as a Client of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.
    • If you wish to complain about any aspect of your dealings with us, please contact us in writing in the first instance. We will respond to your complaint within 14 days.
  1. Law and Jurisdiction
    • These Terms and Conditions and the Contract (including any non-contractual matters and obligations arising from them or associated with them) shall be governed by, and construed in accordance with, England law.
    • Any dispute between the parties relating to these Terms and Conditions shall fall within the jurisdiction of the courts of England and Wales.
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