TERMS & CONDITIONS

Definitions

“The Photographer” meaning Damian Chwalczyk. “The Client” meaning any person, body of persons, firm or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer. Acceptance of Terms and Conditions All contracts and transactions between the Photographer and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Photographer and all or any of its Clients.

 

Copyright and Ownership

In accordance with the Copyright, Designs & Patents Act 1988, the copyright of all images created by the Photographer is owned by the Photographer. Unless the Photographer gives written authorisation, the Client is forbidden by law to copy any images created by the photographer and agrees that all photographic reprints, digital duplications or copies of any type made from images created by the Photographer shall only be carried out by the Photographer. The licence to reproduce such images is granted to the Client on the understanding that all invoices are paid within the Photographer’s stated payment terms.

Reproduction rights (if and when granted) are strictly limited to the use specified on the Photographer’s invoice and/or quotation. An agreement must be reached with the Photographer before the pictures are used for a different purpose or after the licence to use has expired. The Photographer reserves the right to charge an additional fee if the photographs are used for purposes other than what is shown on the Photographers invoice and/or quotation.

If the Client wishes to own the copyright of images created by the Photographer, an additional fee will be paid by the Client to the Photographer for transferring the copyright. This fee will be mutually agreed by both parties. The transfer of copyright will only become applicable after this payment has been made in full.

On instances where the Client requests copies from media that they have supplied, all work is undertaken on the assumption that the Client has obtained written permission from the legal copyright holder for copies to be made. The Photographer may contact the copyright holder of the said image to confirm that authorisation to copy the image has been given. The Client agrees to fully indemnify the Photographer in respect of any claims or damages or any costs arising in respect of claims for copyright violation made by a third party.

All original negatives, transparencies and digital files created by the Photographer remain the property of the Photographer. The Photographer will ensure that all such materials are stored safely for the Client and make them available for future reproduction in return for the relevant fee.

The Photographer reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes.

The Base Usage Rate (BUR) for images is £750 per image. Calculations for usage will be made using the Association of Photographers usage calculator.

Copyright breaches will charged at 3 times BUR or calculation of usage based on AOP usage calculator (whichever is higher) per image per breach

Day rates will be charged in the event of a breach of copyright if the Client has not already made payment for a “Risk Free” shoot whereby time isn’t charged unless agreed under normal circumstances. By using the images the Client agrees to pay for the Photographers time

 

Cancellation Fees / Overruns

If a booking is cancelled by the Client within one working day of the starting time, the Photographer reserves the right to charge his full fee for the assignment. If a booking is cancelled within two working days of the starting time, the Photographer may charge 50% of his fee. For cancellations/postponements due to weather conditions, the Photographer reserves the right to charge his full fee and expenses due to weather conditions on location. In such instances, the Photographer may charge in full for his expenses (e.g. including but not limited to; hire of specialist equipment, props, model fees etc), that he may have incurred prior or during the assignment taking place. The photographer may make additional charges should an assignment overrun which is beyond the control of the Photographer ( e.g. including but not limited to; the Client requesting additional photographs over and above the Client’s original brief etc).

 

Payment Terms

For all non-account Clients, payment for all products and services provided by the Photographer must be made upon completion of the photo shoot.

For authorised account holders, payment of the Photographer’s invoice must be made within 2 days of the date of that invoice. The Photographer reserves the right to withdraw account facilities and services without notice should the Client fail to pay the Photographer’s invoice(s) within 2 days.

The photographer reserves the right to charge interest on all overdue invoices at a rate of 8% APR above the bank of England’s interest rate until the said invoices have been paid in full. In the event an outside credit management or debt collection agency is required to get payment, the Photographer reserves the right to charge the Client for any fees incurred.

 

Retention of Title

The Photographer reserves the right to retain all of the Clients materials in his 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.

 

Fees and Expenses

A 50% deposit may be required to confirm your booking. If this is not paid in full your booking may be cancelled and you will remain liable for any costs incurred. All prices quoted to the Client apply only to the original job description and specifications given to the Photographer by the Client. The Photographer reserves the right to make additional charges for fees and expenses should these descriptions or specifications differ or change before or during the assignment. Wherever possible, the Photographer shall endeavour to provide an indication of what these additional charges will be.

 

Representation

The Client shall ensure that there is an authorised representative present at the assignment to ensure the correctness of the Photographer’s interpretation of the Clients brief. In the event of no Client representation, the Photographer’s interpretation of the brief shall be deemed as correct.

 

Sizes and Colour Matching

Whilst every effort is made to meet the Client’s requirements, all sizes quoted by the Photographer are approximate. The Client must inform the Photographer on occasions where accurate sizing is critical. Delivery Shortages / Loss and Damage in Transit Claims for damage, non-delivery or shortages will not be considered unless notified in writing within seven days of delivery. The Photographer will make reasonable endeavours to ensure that items delivered by a third party are suitably packaged for transit. The Photographer cannot accept liability for loss or damage caused by a third party. For valuable items, the Client should take out suitable insurance cover. Upon written request, the Photographer will provide suitable loss/damage cover for an additional charge.

 

Confidentiality

The Photographer acknowledges that in the performances of the services, he may receive information from the Client which is designated by the Client as confidential. Upon request from the Client, the Photographer agrees to keep this information secret and not to disclose such information to other parties except as required by law.

 

Conduct

The Client shall be responsible for the behaviour of any persons accompanying them to an assignment. The Photographer reserves the right to terminate any assignment without notice if he deems the Clients behaviour to be unruly or unsafe. In such instances, the Photographer reserves the right to charge his full fees and expenses as described in clause 4 of these Terms and Conditions. The Client will fully reimburse the Photographer or his agents for any loss/damage they cause to property or equipment.

 

Delivery of Products and Services

The supply of products and services are provided by the Photographer on a best endeavours basis. The Photographer will not be liable for delays that are beyond his reasonable control. The Photographer shall use reasonable endeavours to meet agreed deadlines where applicable. The Photographer shall not be liable for any delays in meeting any of his obligations which were due to causes beyond his 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.

 

Prices & Terms

All prices shown within the Photographer’s price list are subject to change without prior notice.

The Photographer reserves the right to amend these Terms and Conditions without prior notice.

Rush Services

The Photographer reserves the right make an additional charge should the Client request a rush service. This service is subject to availability and cannot be guaranteed.

HIRE STUDIO TERMS

Booking Confirmation and Payment Terms

A booking is considered as confirmed after the round pixel receives cleared balance payment or min 50% deposit. Clients must make a full balance payment (including any agreed security deposit) on or by 3 days (72 hours) before booking start time, and failure to do so will result in termination of scheduled shoot without refund or notice. Full balance payment is required to secure and confirm bookings made with 3 days (72 hours) of booking start time.

 

Booking times

Bookings times start as per confirmed time and if a client is late, booking fees are incurred from the agreed booking time.

 

Set Up and Take down time

Clients must include set up and take down/clean up time within the hours booked, to avoid overtime charges.

 

Cleaning & leaving the studio in reasonable state

Studio or venue space must be left in reasonable state at the end of clients booking to avoid additional cleaning charges (at discretion of the round pixel). For events and large shoots we have a standard cleaning charge of £50-£100 (rate to be agreed prior to booking and is depending on size and nature of the booking, and space being booked). The cleaning charge is based on leaving the space in reasonable state and a higher rate is chargeable if the space is left particularly dirty. Any additional cleaning charges are taken out of security deposit payments.

Number of Attendees.

Clients must abide by booking requirements agreed in advance for total number of attendee. As our rates are dependant on total number attendees, an increase may incur relevant additional charges. We have a Maximum number of attendees which depend on space being hired and this is to be advised prior to bookings. The specified maximum attendees must not be exceeded for security and safety reasons and we reserve the right to refuse entry or terminate a booking if a venue space is at capacity.

 

Security Deposit

For events and large shoots we have a Holding/Security Deposit of £150-£500 (rate to be agreed prior to booking and is depending on size and nature of the booking, and space being booked). The security deposit will be returned at the end of the booking (minus any deductions due to damage, additional cleaning fee, additional attendees or overtime). Security deposits are held as security against breach of terms and the full amount will be lost if any stated terms are breached by the client or their guests.

 

Minors

Clients must ensure that all minors under the age of 16 are always accompanied by a chaperone. Minors must have parent's or guardian’s permission to be at our premises, and/or to be photographed or filmed as relevant.

 

Use of Equipment

 

If your booking comes with lighting, sound or other equipment, all equipment used must be returned promptly at the end of the hire period in the original condition, and the client is liable for repair or replacement cost for any missing or damaged equipment. Clients may not without the written consent of the round pixel; remove the equipment from the studio premises; modify or alter or tamper with the equipment in any way; use the equipment in a manner not recommended by the manufacturer; nor allow the equipment to be used by any untrained or unauthorised personnel. Any required equipment, prop or studio booking add-ons must be requested and added to booking in advance to ensure availability. We cannot guarantee the availability of any equipment or prop where it has not been specifically requested, confirmed and added to your booking (listed in booking confirmation email within inclusive extras section).

 

Breakages, Losses and Damages

 

Clients are responsible for any breakages, losses or damages caused to the premises or equipment by the client, or any other person(s) during booking time. All equipment used is at the risk of the client and the round pixel shall not be liable to the client for any loss, damage, expense, or for any consequential loss (including loss of profit) arising out of or in connection with; any damage to or loss of property by the client or third party; any breakdown, stoppage or failure of the facilities/equipment provided by the round pixel. Alterations or an addition to our premises or equipment is not permitted without prior written consent. Clients must check any equipment provided and must notify the round pixel at the time of supply if equipment is damaged or if the condition of the equipment is not acceptable. The client is responsible for any breakages or damage if the round pixel was not notified at the time of supply.

 

Booking Changes and Cancellations

Studio hire booking times can be changed with RE-BOOKING FEES as stated below, which depend on notice time provided:

7 days (168 hours) or more notice time provided (from start time of booking): Rebooking fee equal to 10% of total booking fee. Less than 7 days and more than 3 days (168 hours to 72 hours) notice time provided (from start time of booking): Rebooking fee equal to 25% of total booking fee. Less than 3 days (72 hours) notice time provided (from start time of booking): Rebooking fee equal to 50% of total booking fee. Studio hire bookings can be cancelled with CANCELLATION FEES as stated below, which depend on notice time provided: 7 days (168 hours) or more notice time provided (from start time of booking): Cancellation fee equal to 25% of total booking fee. Less than 7 days and more than 3 days (168 hours to 72 hours) notice time provided (from start time of booking): Cancellation fee equal to 50% of total booking fee. Less than 3 days (72 hours) notice time provided (from start time of booking): Cancellation fee equal to 100% of total booking fee.

 

Termination

the round pixel may terminate any booking or hire contract if the client is found to be in breach of any of the terms and conditions.

 

Noise

Speakers are provided and Music can be played inside premises at a moderate and reasonable (at discretion of the round pixel). Noise levels outside of our premises must be kept to a reasonable level during bookings. Clients are asked to consider other occupants and neighbour residents when using our facilities. Music must be turned off by 11pm and noise levels must be minimised to a low and reasonable level after this time in order to not disrupt or cause inconvenience to nearby neighbours.

 

Littering and Waste Disposal

Clients must not litter and drop waste on the inside or outside of our premises, and must put all litter in internal bins or in specified rubbish and recycling skips which are located outside of our premises. Additional bin bags will be provided and clients are responsible for ensuring all waste is disposed off and outside spaces are kept clean and litter free. Failure to do so will result in additional charges.

 

the round pixel Bookings

As the round pixel is situated in a private gated residential area we require you to follow the guidelines listed bellow in order for us to maintain good relations with our neighbours and for us to abide by the terms of our trading licence at the property: We strictly do not accept event or party bookings in this property. Any large photo/video shoot booking requests will be reviewed and maybe rejected depending on the nature of the booking. Music must be played at reasonable levels (at discretion of the round pixel) so that our neighbours are not inconvenienced (especially for evening bookings). Do not congregate in the communal areas outside the property. Ensure attendees do not disrupt or cause inconvenience to nearby neighbours during bookings as well as when arriving and leaving. Do not park in neighbours parking bays. Any video/photo shoots outside the property in communal and car park areas must be confirmed with us in advance.

 

Non-Solicitation

Clients will not directly, indirectly, or on behalf of others; solicit, induce, recruit, encourage or otherwise endeavour to cause or attempt to cause any employee, previous employee or consultant of the round pixel to perform any business/services to the Client, or to terminate their relationship with the round pixel.

 

Variations

These Terms and Conditions are valid at time of booking and are subject to variation. Clients will be notified of any variations prior to booking.

 

Applicable Law

The laws of the United Kingdom shall govern all agreements.