Don't be put off, it's an easy read
IN THIS AGREEMENT:
Bernadette Baksa; commissioned photographer
The ’Client’ is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party).
The fee is as stated in the pricing section and includes the Client’s photo session, the photographer's artistic vision, editing/preparation of images, retouching and the Client’s digital images (as per package).
All portrait sessions require either full payment or a non returnable, non-refundable retainer fee to secure the booking as I clear this time for the Client alone. Once a booking has been made for a specific time and date, and the retainer fee has been paid, Bernadette Baksa will not accept any other work from other clients for those times and dates. This fee is deductible from the session fee, the balance payable on the day of the session. Should the session need to be rescheduled, a minimum of two working days notice is required, in order to hold the booking fee and transfer it to the rescheduled date. Rescheduling with less than two working days notice will mean the retainer fee is lost, and the full session fee is payable on the rescheduled shoot day. Cancelling at any point means the deposit is non-returnable. Bernadette Baksa reserves the right to rearrange, cancel or postpone a session; in such circumstances, the retainer fee is fully repayable
Travel expenses may be charged if outside of zone 3 in the London area.
A digital contact sheet will be prepared to view the images and the selection has to be made withing 10 working days unless otherwise agreed. If the Client misses this 10 working days window there will be a £50 charge to process the order outside of this scheduled time as late orders impact Bernadette Baksa’s other jobs.
No use may be made of the photographs before payment in full of the relevant invoice without the express permission of Bernadette Baksa. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date.
Although a number of images are included in the package, digital images are of course available to purchase after the photography session.
Final digital images are sent via email within 10-14 days (subject to workload)
If the Client fails to download the images before the link expires, there is a £25 charge to resend the same images in the future e.g. did not download the final images or lose them etc. It takes time to go through hard drives to find the images and to set up and resend links etc.
Bernadette Baksa reserves the right to use images for marketing and promotional purposes unless otherwise agreed.
All images are the exclusive copyright and property of Bernadette Baksa and its owner at all times throughout the world. They may not be reproduced,altered or published for commercial purposes or entered into any competitions.
Model and/or Client waives any and all claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage or injury that may be sustained by the Model and/or Client or any of the property belonging to Model and/or Client, whether caused by the negligence of Bernadette Baksa or otherwise while performing the photography session or while in, on or upon the premises where the photography session was performed.
Bernadette Baksa must be notified in writing if anything has to be photographed in a particular way. Bernadette Baksa will not be held accountable for not photographing desired products and interiors/exteriors if there is no one to assist in identifying these particular details and photographs. Bernadette Baksa is not responsible if key individuals fail to appear or cooperate during the photography session, or for missed images due to details not revealed to her or are beyond her control.
In the unlikely event that Bernadette Baksa is injured, she will contact the Client as soon as possible, to arrange another suitable date and time, and if necessary (if an event), will try to find a replacement photographer. If this does not suit the Client, the Client agree that responsibility and liability of Bernadette Baksa to the Client is limited to the return of all payments received for the event. Bernadette Baksa takes the upmost care with respect to exposure, storage, and processing the photographs/images, but cannot and does not, guarantee that photographs/images of the event will not be lost, stolen, or destroyed for reasons within or beyond Bernadette Baksa’s control. Client agrees that Bernadette Baksa full and complete responsibility and liability is limited to the return of all payments received for the event.
Image Release Terms:
Bernadette Baksa license all photographs under a non-exclusive, non-transferable, royalty free license without the right for the licensee to sub-license; unless otherwise agreed.
Photographs may not be reproduced, sold, published or used without permission for any commercial purpose except for the following: Spotlight website & book (www.spotlight.com), Internet Movie Database website (www.imdb.com) agency or management website, personal website, theatre programmes, personal business cards and personal portfolios. Unless otherwise agreed, no third party rights granted.
Any editorial placement must be cleared with Berandette Baksa eg if a magazine, newspaper or any social platforms wishes to use your photos please ask them to contact me to arrange a licence and/or fee for usage.
You will receive two sets of final images: ‘PRINTING’ - high resolution images suitable for printing and ‘WEB’ for Social Media/all web use wherever possible.
Images must always be fully credited whenever they are used: Bernadette Baksa
It is not permitted to edit the photos in Photoshop or any other editing software.
Bernadette Baksa will keep confidential and will not disclose to any third parties all information communicated to her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Bernadette Baksa to carry out her obligations in relation to the commission.
These terms and conditions shall not be varied except by agreement in writing.
Confirmation of booking, either verbal or written, confirms the client’s acceptance of these terms and conditions.