Terms and Conditions
- Definitions
For the purposes of this agreement, “The Photographer” is Anita Walkowska trading as EquinePhotoDesign and “the Client” is the person who orders and pays for the services.
“Images” means any images taken by The Photographer, whether photographs, prints or other types of physical or electronic material.
2. Copyright and use
The digital files produced by Anita Walkowska and any other person included in the EquinePhotoDesign team are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without the photographers’ and videographers’ explicit permission.
Upon distribution of purchased images or videos, limited copyright ownership (as defined in the Copyright Law) of the resulting images or videos will be transferred to the Client under the following conditions:
The License to Use comes into effect from the date of the first payment of the relevant invoice(s). No use may be made of the Photographs / Videos before payment in full of the relevant invoice(s) without the Photographer’s / Videographer’s express permission in writing.
Where restricted in this Agreement, permission to use the Photographs or Videos for other purposes will normally be granted upon payment of a further fee to be mutually agreed upon (publishing or selling the digital files to the third parties for material or non-material profit). Note: A written agreement must be reached with the Photographer or Videographer before the digital files may be used for other purposes. Where uses of any digital files are made without the author’s knowledge and/or permission, it is a breach of the license and further charges will be made.
The Licence to Use requires that the Photographer’s / Videographer’s name, Anita Walkowska, 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.
3. Use
The licence to use the digital and printed files is limited to private use if not specified otherwise. No other use may be made of the Images without the Photographer’s express writing permission. An agreement must be reached with The Photographer before Images are used for any other purpose or after the licence to use has expired.
Manipulation of the Images or use of only a portion of the Image may only take place with the permission of the Photographer.
When the license to use has expired an additional charge has to be agreed upon for extended usage with the Photographer.
4. Exclusivity
The usage rights granted are personal to the Client and may not be assigned, nor may any image submitted to the Client be loaned or transferred to third parties (save for the purpose of the work by the Client of such reproduction/usage rights/PR).
The Photographer reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.
The Photographer retains the right in all cases to use the Images covered by this agreement at any time and in any part of the world for the purposes of advertising or otherwise promoting his work.
5. Client confidentiality
The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him, save as to be reasonably necessary to enable the Photographer to carry out his obligations in relation to the work
6. Exhibition
The Client grants Anita Walkowska permission to display selected images/videos resulting from this assignment as an example of EquinePhotoDesign photography’s work and for entrance into photographic/videographic competitions, and releases all claims to profits that may arise from the use of images/videos.
If the Client requests to use the image/video or decides to sell the digital files in the distribution of products of not his company such as, but not limited to: posters, clothing, products, digitals etc., a 10% compensation rate of the total number of sales will apply unless otherwise agreed upon in writing.
7. Booking
The Client will be required to complete a Booking Form (via email or hardcopy). Upon receipt of a completed booking form, The Photographer will send an email as confirmation. The booking will then be considered Confirmed.
In some cases booking may take place via Messenger or What’s App message; the booking is will be considered valid when both parties agree to the price and condition of the photo shoot.
Once the Client has made a booking for a specific time and date and this date/time has been confirmed by The Photographer, The Photographer will not accept any other work from other clients for those times and dates.
8. Cancellation or Postponement by the Client
When a booking is confirmed, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule:
a. When a client cancels photography within less than 7 days of business of any confirmed date, a fee of 20% of the booked time rate will be charged. When a client cancels photography within less than 24 hours of any confirmed date/time, a fee of 50% of the booked time rate will be charged.
b. When a client cancels photography on the day of the confirmed date, the full fee will be charged.
c. When a booking is confirmed, if it is subsequently postponed, the Photographer will at his discretion charge a fee for postponement.
In addition, the client may be charged for any expenses incurred by The Photographer as a result of cancellation or postponement.
9. Cancellation by the Photographer
The Photographer will endeavour to put the Client in touch with another photographer in the event The Photographer is unable to attend on the booked date due to any cause beyond their reasonable control e.g. sudden illness, injury, the victim of crime, flooding etc. In the event of such cancellation by The Photographer, or in the very unlikely event of total photographic failure, liability shall be limited to a full refund of any fees paid to the Photographer by the Client at that time.
10. Rejection
Unless a rejection fee is agreed upon in advance, there is no right to reject the Images on the basis of style or composition.
11. Charges and Timings
If The Photographer provides a quote to The Client, the fee will be charged at that agreed rate. The Photographer generally requests a brief at the time of booking (via email, Messenger, What’s App, other texts or verbally).
Where extra expenses or time are incurred or needed by the Photographer as a result of alterations to the original brief by the Client or otherwise at their request, the Photographer will reserve the right to charge the Client extra expenses and fees.
If The Client changes the length of the job, the fee will increase as per the agreed hourly rate. If The Client is delayed or running late and the job runs into extra time again the fee will increase as per the agreed hourly rate. The Photographer will make The Client aware of timings and should the work run into an extra time he will make the client aware of this and the associated costs. There is a mutual understanding between The Client and The Photographer that punctuality is important and respected by all parties.
If it becomes apparent when the job starts that it is a much bigger or different job than the agreed brief it will be made clear to the Client that The Photographer’s fee may increase. If the Photographer is unable to contact the client/payer of the invoice at that time work will stop until contact has been made.
On the occasion that incorrect information is given by the Client regarding a booking (wrong location, wrong time etc.) or the Client fails to arrive at the agreed location/time, the full fee will be charged to the Client.
If on arrival at a booked job, there is an issue (outside of the Client or Photographer’s control) such as bad lighting or restrictions in the use of where the shoot is taking place, a fee may be charged to cover time.
Quoted fees include mileage up to 30 miles round trip. Additional mileage will be charged at 50 pence per mile thereafter.
Any congestion charges, road toll charges and parking costs will be billed to the client as a Photographer expense and will be added to the invoice.
11. 1. Ready files delivery – Timings and Conditions
The general delivery time for the images is 24h and for the videos is a week from the photo shoot date*. However, these conditions may change if there is additional post-processing required by the client (such as adding or removing the objects, adding special effects, adjusting the files that have been already submitted, etc.).
*Due to the complexity of the editing, and when there is more than one animal in the entire photo session, the delivery time of ready files (photos/videos) can change, and therefore is not specified.
**After filming with a drone, and if various video formats are involved, the photographer and his crew acquire min. two weeks for video processing.
***It should be remembered that photography and videography are artistic processes, so the delivery time of finished files is not rigidly defined and can be changed by the photographer at any time.
12. Payment Terms and Payment
Payment terms are strictly 10 days from the date of the relevant invoice (“the Due Date”) unless agreed in advance and in writing;
The Photographer reserves the right to charge interest at the rate prescribed by the Late Payment Of Commercial Debts (Interest) Act 1998 from the due date until the date payment is made.
If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due with immediate effect, even if it is less than 28 days from the issue date, and The Photographer may consider these invoices as overdue when pursuing legal action for the recovery of said debts.
Payment by BACS is preferred and bank details will be provided on the invoice. Payments by cheque are not acceptable.
13. Liability and Indemnity
It is the Client who must satisfy him/herself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that The Photographer gives no warranty or undertaking that any such rights, model releases or consents have been 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. In the event that the Image issued or reproduced by or with the authority of the Client does not have the necessary rights, releases or consents, then the Client shall indemnify The Photographer against all expenses, damages, claims, or legal costs arising out of any such failure.
14. Archiving of Images
All final images will be stored and archived by The Photographer if the Photographer will not decide otherwise. If archived photographs are required after that time or additional storage time is required an admin fee may be charged. If The Photographer loses images stored in the archive or they are stolen, The Photographer is not liable beyond 1 year of storage. Within 1 year, The Photographer is liable for the cost of the originals (a return of the original fee).
15. Applicable Law
This agreement shall be governed by the laws of England and Wales
16. Variation
No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
Full Copyright Information
Anita Walkowska retains the copyright on all images (even those purchased via an online gallery, on a CD / DVD or Bamboo Memory Stick) and reserves the right to use the images for advertising, display, publication, or other purposes.
The client warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend the photographer in the event of litigation arising out of such use.
Negatives (RAW), digital files and previews remain the exclusive property of the Studio/Photographer.
The Photographer grants the Clients permission to make copies of the images under the following conditions. The images taken by the Photographer are for personal use by the Clients and their friends and relatives. Alternation of any images handed to the client is strictly forbidden by anyone other than the original photographer, you may not pass copies of any images to any other professionals without the prior consent of your photographer, and then if permission is granted only small file watermarked versions can be shared and the said professionals must link back to https://www.equinephotodesign.com.
Under no circumstances, can a client use purchased images for his profit, commercial endeavours, professional display, or in competitions if no commercial license has been paid and the commercial license form hasn’t been signed.
Copying or scanning images from the client’s gallery, Equine Photography & Design website, Facebook fan page or blog is considered stealing, regardless of the intent for use. It is ILLEGAL to redistribute these photographs for profit or use other than private consumption without the photographer’s permission, and violators of this Law will be subject to its civil and criminal penalties.
Any images that are shared online must be linked back to https://www.equinephotodesign.com and to https://www.facebook.com/equinephotodesign
Model Release: The Client grants the Photographer and its legal representatives, heirs, and assigns, the irrevocable and unlimited consent to use the photographs of the Client for editorial, competition, advertising, and any other purpose and in any manner, to alter the photographs without restriction; and to copyright the images. The Client hereby releases the Photographer and its legal representatives, heirs, and assigns from all liability and claims in connection with the images.
Liability. The client is aware that the quality of the end result print of the digital files delivered is not under the control of the photographer and frees the photographer from any liability for any claims whatsoever based upon discolouration in the end result print. The photographer is not responsible for the quality of services provided by its business partners.
All images are copyrighted under the Copyright Laws and are subject to fines of up to £150,000 if breaking those laws. By ordering and paying for the services the Client agrees to fully respect the Photographer’s Terms & Conditions as well as Copyright.
