Terms and Conditions
Please, carefully read our TERMS AND CONDITIONS, since on the day of the photoshoot you’ll be required to sign a document with the following content:
1. DEFINITIONS
“IRB Photography,” “we,” “our” and “us” means Ilona brown, trading as IRB Photography and any employees or sub contractors of IRB Photography. “The Client” means any person, body and company with whom IRB Photography has an agreement for the provision of services or the supply of goods. “Photographs” means all photographic material furnished by IRB Photography, whether transparencies, CD’s, negatives, prints or any other type of physical or electronic material. All contracts verbal or written are only accepted on the basis that the Terms and Conditions of the Photographer are the only ones applicable.
2. ACCEPTANCE OF TERMS AND CONDITIONS
All agreements and transactions between IRB Photography and any Client are subject to these Terms and Conditions. All Clients who confirm a booking agree from that point forward to be bound by these Terms and Conditions.
3. COPYRIGHT
In accordance with the Copyright, Design & Patents Act 1988, IRB Photography retains the entire copyright in the Photographs at all times throughout the world.
4. OWNERSHIP OF MATERIALS
Title to all Photographs remains the property of the Photographer.
5. LICENCE TO USE
This Licence to Use comes into effect from the date of payment. No use may be made of the Photographs before payment in full without the photographer’s permission. Any permission, which may be given for prior use, will automatically be revoked if full payment is not made by the due date. All prints of Photographs supplied by IRB Photography include a licence for personal use only. The licence only applies to the Client and its benefits shall not be assigned to any third party without IRB Photography permission.The licence to reproduce such images is granted to the Client on the understanding that all invoices are paid within the Photographers stated payment terms.The Photographer reserves the right to make reproductions of the images created during assignments for marketing, promotional and editorial purposes.
6. EXCLUSIVITY
Unless agreed in writing on the Licence to Use and the Invoice no exclusivity is given or implied to the Client. The Photographer retains the right in all cases to use the Photographs. Exclusivity will not be unreasonably withheld but only on written agreement with the Photographer before work commences.
7. PAYMENT TERMS
A deposit is required 4 weeks prior to the photo shoot and is to be paid by the Client direct into the IRB Photography bank account as instructed. The Client will provide an official bank paying in slip as evidence of payment prior to the start of the shoot.
8. REJECTION
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition. No refund will be granted.
9. RETENTION OF TITLE
The Photographer reserves the right to retain all of the Clients material in his/her possession until all monies owed to the Photographer have been paid in full. Furthermore, the Licence to reproduce images created by the Photographer will also be revoked until payment has been made in full.
10. CONFIDENTIALITY
The Photographer acknowledges that in the performance of the service, we may receive information from the Client, which is designated by the Client as confidential. The Photographer agrees to keep this information secret as required by law and will not disclose to any third parties or make use of information communicated to him/her in confidence for the purpose of the photography.
11. CONDUCT
The Photographer reserves the right to terminate any assignment without notice if we deem the Clients behaviour to be unruly or unsafe. In such circumstances, the Photographer reserves the right to our fees in full.
12. LIABILITY
The Client agrees that in all dealings with the Photographer, the Photographers liability will be limited to the following sums:
Public Liability: Limit of Indemnity – £1,000,000
Professional Indemnity: Limit of Indemnity – £25,000
13. DELIVERY OF PRODUCTS AND SERVICES
The Photographer on a best endeavor’s basis provides the supply of products and services. The Photographer will not be liable for delays that are beyond his reasonable control. The Photographer shall use reasonable endeavors to meet agreed deadlines where applicable. The Photographer shall not be liable for any delays in meeting any of our obligations which were due to causes beyond our reasonable control including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit etc.
14. PRICES & TERMS
The Photographer reserves the right to amend both Prices and these Terms and Conditions without prior notice.
15. APPLICABLE LAW
This Agreement shall be subject to and constructed according to English Law and the parties agree to accept the exclusive direction of the Courts of England.16. VARIATIONThese Terms and Conditions shall not be varied except by agreement in writing.