Definitions – “Photographer” meaning Olufemi Bokinni. “Contract” meaning any agreement, whether orally or written, for the services or sale of goods by OlufemiPhotography. “Client” meaning any person, body of persons, firm or Company with whom Photographer enters into a contract for the sale of goods or provision of services by Photographer.
Acceptance of Terms and Conditions – All contracts and transactions between Photographer and 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 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 Photographer is owned by Photographer. Unless Photographer gives written authorisation, the Client is forbidden by law to copy any images created by Photographer and agrees that all photographic reprints, digital duplications or copies of any type made from images created by Photographer shall only be carried out by Photographer. The licence to reproduce such images is granted to the Client on the understanding that the license is only granted once all payments are made in full.
Reproduction rights are strictly limited to the use specified on Photographer’s invoice and/or quotation. An agreement must be reached with Photographer before the images are used for a different purpose or after the licence to use has expired. Photographer reserves the right to charge an additional fee if the images are used for purposes other than what is shown on Photographers invoice and/or quotation.
The license to reproduce requires that Photographer ‘Olufemi Bokinni’ will be credited on or in reasonable proximity to all published reproductions of the images. Photographer also asserts 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.
If Client wishes to own the copyright of images created by Photographer, an additional fee will be paid by Client to the Photographer for transferring the copyright. The transfer of copyright will only become applicable after this payment has been made in full.
All original negatives, transparencies and digital files created by Photographer remain the property of the Photographer.
Photographer reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes.
Rejection – Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing. Photographer will use best endeavours to follow any guidelines provided by Client in writing via planning form, prior to commencement of the assignment.
Cancellation Fees / Overruns / rescheduling – A booking is considered firm from the date of confirmation. All booking fees are non-refundable. If a booking is cancelled by Client within five working days of the starting time, the Photographer reserves the right to charge full fee for the assignment. If a booking is cancelled 5 – 10 working days of the starting time, the Photographer may charge 50% of fee.
For cancellations/postponements due to unforeseen circumstances (e.g.force majeure or personal matters), the Photographer still reserves the right to charge full fee. The Photographer may use their discretion is some cases. The Photographer agrees to rescheduling a booking only once. The client’s booking fee will be transferred to the new date/time to secure appointment.
In the event of any cancellation/postponement, Photographer may charge in full for expenses (e.g. including but not limited to; travel arrangements, location/studio fees, hire of specialist equipment, props, model fees, make-up artists, etc.), that Photographer may have incurred (or committed to) for Client prior to the cancellation/postponement.
Photographer may make additional charges should an assignment overrun due to circumstances beyond the control of Photographer (e.g. including but not limited to; Client requesting additional photographs over and above Client’s original brief etc.).
Payment Terms – Payment for all services and products provided by Photographer must be made upon terms set by the Photographer in invoice. The Client will only receive services and products on completion of payment..
The photographer reserves the right to charge interest on all overdue invoices at a rate of 3% per month until outstanding invoices have been paid in full.
Any or all fees or expenses incurred by Photographer in chasing payment of overdue invoices shall be borne by Client.
Changes to Assignment – All prices quoted to Client apply only to the original job description and specifications given to Photographer by Client. 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, Photographer shall endeavour to provide an indication of what these additional charges will be.
Representation – Client shall ensure that there is an authorised representative present at the assignment to ensure the correctness of Photographer’s interpretation of Clients brief. In the event of no Client representation, Photographer’s interpretation of the brief shall be deemed as correct.
Confidentiality – Photographer acknowledges that in the performances of the services, she may receive information from Client which is designated by Client as confidential. Upon written request from Client, Photographer agrees to keep this information confidential and not to disclose such information to other parties except as required by law or as necessary to complete the assignment.
Deletion of files – The Photographer will delete images files after a period of 30 days. Notification will be provided to the Client, and an opportunity to purchase images will be offered. If Client does not respond, the Photographer maintains the right to delete files without compliant or liability. Once image files have been deleted, they will be irrecoverable.
Studio safety and responsibility – Clients are responsible for ensuring they act accordingly in the studio including monitoring participants that need chaperoning (for safety purposes) and ensuring no damage is done to property (including touching of equipment).
Delivery of Products and Services – The supply of services or products are provided by Photographer on a best endeavours basis. Photographer will not be liable for delays beyond reasonable control. Photographer shall use reasonable endeavours to meet agreed deadlines where applicable. Photographer shall not be liable for any delays in meeting any of their obligations which were due to causes beyond their 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.
Food allergies – The Photography studio may at times provide snacks for clients, or provide edible props (e.g. cakes). The Client must disclose any food allergies as early as possible to ensure that the Photographer is able to take the necessary steps to clear the studio of any items that may cause allergic reactions. Olufemiphotography accepts no responsibility for any symptoms or conditions that may develop caused by an allergic reaction to foods or food groups that have not been fully disclosed.
Terms – This agreement shall be governed by the Laws of England and Wales. Photographer reserves the right to amend these Terms and Conditions without prior notice.
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