Terms & Conditions
Please read these Terms and Conditions carefully and thoroughly, as by booking our photography service and taking part in any of our photography session you agree to them.
We will be happy to answer any questions you may have in relation to these Terms & Conditions at any time.
For the purpose of this agreement:
“The Photographer” means Oleksandr Ivanchenko trading as Oleksandr Ivanchenko Photography will be the Author of the Photograph. And shall where the context so admits include their respective assignees, sub-licensees and successor in title.
“The Client” is the party commissioning the Photographer, and shall where the context so admits include any respective assignees, sub-licensees and successor in title.
“Advertiser or Agency” means any client of the Client for whose benefit or use the Material is commissioned.
“Estimate” means any email or other document electronic or otherwise created by the Photographer and setting out the Fee and expenses for any Assignment along with information as to Licences to Use.
“The Photograph” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints, digital files or any other type of physical or electronic material in existence now or yet to be developed.
“The Product” means the place, property (real estate or intellectual property), product of person(s) that is the subject of the booking.
“The Fee” means the fee for the carrying out of the Commission by the Photographer and for the grant of the Licence to Use.
“License” means the terms under which the Photograph can be used and reproduced by the Client, as defined in a License to Use.
In accordance with the Copyright, Designs & Patents Act 1988, the entire copyright of the photographs is retained by the Photographer at all times throughout the world.
Any unauthorised reproduction of any Photographs will constitute a breach of copyright.
Title to all Photographs remains the property of the Photographer.
When the License to Use has expired the Photographs must be returned to the Photographer in good condition within 30 days and any archived digital files destroyed.
Title to any materials used in producing the Works (Photographs) is not transferred to the Client upon payment of the invoice.
The license only applies to the Client and Product stated on the License to Use and its benefit shall not be assigned to any third party without the Photographer’s written permission.
The License to Use only comes into effect once full payment of the invoice has been made. No use may be made of the images until full and final payment (including any late payment charges levied), has been received by the Photographer.
Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation.
Unless otherwise agreed in writing, all further Licences in respect of the Photographs will be subject to these terms and conditions.
Unless agreed to in writing on the License 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 in any manner at any time and in any part of the world for the purposes of advertising, marketing or otherwise promoting his/her work, including photographic contests and competitions.
Exclusivity will not be unreasonably withheld but only issued on written agreement with the Photographer before work commences.
Where Exclusivity is given to the Client, after the exclusivity period indicated on the Licence to Use expires, the Photographer shall be entitled to use the Photographs for any purposes.
6. CLIENT CONFIDENTIALITY
The Photographer will keep confidential and will not disclose to any third parties or make use of 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.
7. LIABILITY & INDEMNITY
While the Photographer takes all reasonable care in the performance of this agreement generally, he/she will not be liable for any loss or damage suffered by the Client or by any third party arising from use or reproduction of any image or its caption.
The Client agrees to indemnify the Photographer in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any image supplied to the Client by the Photographer.
It is the Client, who must satisfy himself/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 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 image. In the event that the image issued or reproduced by or with the authority of the Client then the Client shall indemnify the Photographer against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
8. RIGHT TO CREDIT
The Photographer asserts his/her statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1998 or any amendment or re-enactment thereof.
Once a booking form is received by The Photographer, along with a deposit sum of 50% of the agreed estimate, confirmation will be sent by email. At this point, the booking is considered confirmed.
Once a booking is confirmed, the Photographer will not accept any bookings from other Clients for those times on that date(s)
Payment of the outstanding balance (50% of deposit/booking) by the Client will be expected for the commissioned work on the day of the photoshoot or within 28 days of the issue of the relevant invoice, whichever comes first.
A License of Use will not be issued until full payment has been received by cleared funds.
If the invoice is not paid in full within 28 days, the Photographer reserves the right to charge late payment charges and interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
A charge of £10 may be added per phone call/email to chase overdue payment(s).
Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise at their request, the Client shall give approval to and be liable to pay such extra expenses or fees at the Photographers normal rate in addition to the expenses as having been agreed or estimated.
Photographer will use best endeavours to follow any guidelines provided by the Client in writing, prior to commencement of the assignment.
The final output and finish of any retouched Photograph will be at the Photographer’s discretion.
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition, expression or editing.
13. CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly the Photographer will charge a fee for cancellation at the following rates: When the Client cancels a confirmed booking more than 7 days of any confirmed date, the 50% of the total quoted/estimated fee will be charged; When the Client cancels a confirmed booking within 7 days of any confirmed date, the 100% of the total quoted/estimated fee will be charged.
In addition to this cancellation fee, the Client will be charged for any expenses already incurred by the Photographer.
All cancellations must be in writing.
If the Photographer is forced to cancel this booking for reasons beyond his/her control (e.g. injury, sickness etc.), liability shall be limited to a full refund of all payments made by the Client up to date.
Where it is possible a re-shoot may be arranged, however the Photographer will not be responsible or liable for any additional costs incurred by the Client.
14. ELECTRONIC STORAGE
Save for the purposes of production for the licensed use(s), the Photographs may not be stored or archived in any form without the written permission of the Photographer.
Manipulation of the image or use of only a portion of the image may only take place with the written permission of the Photographer.
Digital Data is stored by the Photographer on the understanding that the Photographer is not responsible for the future integrity of that data, or of any failure to retrieve data from the Photographer’s archive.
This agreement shall be governed by the Laws of England & Wales.
These Terms and Conditions shall not be varied except by agreement in writing by both parties.