Standard terms and conditions are applicable, in the case of any amendments, any special instructions above will take precedent.
1. These terms & conditions shall apply to the contract to the exclusion of any other terms & conditions put forward by the client.
2. Joe Scrase (The photographer) retains full copyright in all images, at all times, throughout the world, in accordance with the Copyright, Designs and Patents Act 1988. The photographer asserts his right to be identified as the author of all images, by the words: ‘Joe Knows Photo UK’ or ‘@JoeKnowsPhotoUK’
3. 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 or otherwise promoting his work. After any applicable exclusivity period the photographer shall be entitled to use the photographs for any reasonable purposes (unless otherwise agreed).
4. Unless specified on a separate license: (a) clients are licensed to use commissioned photographs for social media, website use and marketing, PR & editorial use, in perpetuity, on behalf of the original company who commissioned the photography; (b) Any publication of the photographs to gain publicity for companies other than the original commissioning company will require a reproduction fee to be paid to the photographer ; (c) The photographer retains full copyright in all images at all times throughout the world.
5. The photographer will keep confidential and will not disclose to any third parties or make use of material or 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 obligations in relation to the commission.
6. Any information or data is kept in accordance with data protection principles set out in the Data Protection Act available on the ICO (Information Commissioner’s) website and GDPR obligations.
7. It is the client’s responsibility to ensure that all the necessary clearances have been obtained to allow the photographs to be taken without hindrance or infringements of trademarks or copyrights. It is the client’s responsibility to gain written parental permission when persons under the age of sixteen years are to be photographed. Permission is also necessary to allow identification and publication of photographs of children. The photographer accepts no liability for non-supply of pictures if parental permission has not been granted.
8. Payment by the client will be expected for the commissioned work within 7 days of the issue of the relevant invoice, unless otherwise stated. If the invoice is not paid, in full, within 7 days the photographer reserves the right to charge 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.
9. Where additional expenses or time are incurred by the photographer as a result of alterations to the original brief by the client, the client shall give approval to and be liable to pay such extra expenses or fees at the photographer’s normal rate in addition to the expenses agreed or estimated.
10. If Joe Knows Photo UK Limited has to cancel this contract for reasons beyond their control, (death, injury, sickness etc.), liability shall be limited to a full refund of all monies paid. Equally in the event of unforeseen equipment failure on the day, the maximum liability shall be limited to a full refund of all monies paid.
11. Where a booking cannot be fulfilled due to any circumstance of governmental advice or shutdown of trade (such as, but not limited to, pandemic, business interruption, civil unrest or war). Joe Knows Photo UK cannot accept liability for fees and refunds cannot be offered.
12. Images will be available to view or download from a client gallery for a period of no less than 6 months from the date of the commission. Longer standard periods are available by agreement.
13. Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
14. A booking is considered firm as from the date of confirmation and accordingly the photographer will, at his discretion, charge a fee for client cancellation limited to 100% of the booking dependent upon the notice given for cancellation. The minimum charge shall be 75% of the quoted fee for cancellation unless otherwise agreed in writing.
15. Any postponement or changes to the originally booked date shall be mutually agreed, where applicable a booking alteration fee of 30% per change will be invoiced in order to change or transfer your booking date. Where a date cannot be mutually agreed, cancellation terms shall apply.
16. Weather conditions, stoppages and curtailment: Outdoor photo sessions are booked on the basis of weather being a risk to any booking. Where a session is postponed once commenced, no refund can be provided. If weather causes the date to be deferred in advance - an alternative date will be offered. Weather suitability at the discretion of the photographer.
17. This agreement shall be governed by the laws of England & Wales
18. These Terms and Conditions shall not be varied except by agreement in writing and shall be considered as binding upon payment or instruction to proceed.