LILY SKYE PHOTOGRAPHY
Terms &
Conditions
DEFINITIONS
In this agreement, the 'Photographer' means the commissioned Photographer whose details are set out in the Estimate and Invoice(s) to the Client.
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‘Client’ is the party commissioning the “photographer” and this term includes their assignees, sublicensees, and successors in title.
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“Assignment” means a commission by the Client of the Photographer for the provision of the Photographer’s services at a Shoot for the purpose of creating the Photographs.
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"Photographs" refer to all materials provided by the photographer, including electronic or physical formats such as transparencies, negatives, digital files, or prints.
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“Licensed Images” means the still and/or moving images selected from the Photographs and as specified in the Estimate as to be licensed for use.
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“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 Usage
Licences.
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Fees” means the Photographer’s Fees as set out in the Estimate or Invoice.
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“Expenses” means any costs necessary to produce the images aside from Fees.
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"The Shoot” is defined as the number of confirmed days whether the job is undertaken as a whole or in separate parts.
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“Working Day” means a day that is not a Saturday or Sunday or any day that is a Bank Holiday in Scotland.
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“Shoot Duration” includes all shoot, travel, casting, recce or other preparatory days.
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“Usage Licence” means the licence given to use the Photographs selected. They are then the Licensed Images. It is granted specific and outlined in the Estimate.
1
COPYRIGHT
The Photographer retains full copyright and ownership of all Photographs created.
Fees are based on a specified Usage License and time period. Changes to the license must be agreed upon in writing. The license is exclusive for the specified period, except for the photographer's self-promotional use.
Electronic files must be deleted after the agreed period. The Client may be required to return photographic material.
2
USE
The Usage License begins upon full payment of Invoices. Express permission is needed for any use before full payment.
Additional Fees may apply for using the Licensed Images for other purposes. The license only covers the specified Assignment. The Client must seek permission for any other uses. Any further usage requires negotiation with the Photographer.
The Photographer can use the Photographs and Licensed Images during and after the exclusive period for self-promotion or any other purpose.
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Additional fees for further usage will be invoiced separately. Usage extensions must be agreed upon with the Photographer.
3
ESTIMATE
The Photographer's Estimate is based on information provided by the Client and any changes to the Assignment may increase Fees and Expenses.
Estimates will detail the number and characteristics of the Photographs, as well as their permitted usage. Clients must review the Estimate for accuracy, including post-production, resolution, and licensing terms. If a shoot date is agreed upon, it is considered acceptance of the Estimate.
If no rate has been specified, it will be based on the Photographer's day shoot Fee.
4
THE SHOOT
The Shoot will be scheduled on dates agreed upon by both parties. The Photographer will consider the Client's reasonable instructions regarding the Assignment.
If the Client is not present during the Shoot, the Photographer's interpretation of the Assignment will be deemed acceptable to the Client.
5
CANCELLATION
If a scheduled Shoot is cancelled, postponed, or requires reshooting due to reasons beyond the Photographer's control (such as unsuitable weather or lighting), the following Fees and Expenses will apply:
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Cancellation with less than 4 days incurs 100% of Fees & Expenses.
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Between 5 and 7 days notice incurs 75% of Fees and Expenses.
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10 days notice incurs 25% of Fees and Expenses.
6
REJECTION
If the Client is not present during the shoot, the photographer's interpretation of the brief is considered acceptable to the client. Unless specifically mentioned in writing on the day of the shoot, there is no entitlement to reject based on style or composition unless otherwise agreed upon.
7
DELIVERY & ACCEPTANCE
After the Shoot, the Photographer will provide the Photographs to the Client promptly and in the agreed format for selecting Licensed Images. The Photographer will perform any necessary post-production work in a timely manner, but urgent turnaround cannot be guaranteed unless previously agreed upon.
All post-production/retouching must be carried out by Lily Skye Photography unless agreed to in advance of the booking confirmation.
The Client is not permitted to reject the Photographs based on style or composition unless otherwise agreed upon in writing.
8
STORAGE OF LICENSED IMAGES
The Client must ensure they safely keep an exact digital copy of all Licensed Images provided throughout the Usage Licence. The Photographer is not responsible for archiving any Photographs unless agreed upon in writing beforehand.
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Photographs and License Images, except for the purposes outlined cannot be shared with any third party - including associated or branch offices of the Client - without the Photographer's written consent.
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Upon publishing the Licensed Images, the Client must provide the Photographer, upon request, with a high-resolution digital file, PDF format file, or good quality hard copies of the Licensed Images as they are published at no additional cost.
9
PAYMENT
All Expenses must be paid in advance of the shoot unless otherwise agreed in writing.
All other invoices must be paid within 30 days of the date of issue. The Photographer reserves the right to charge interest on late payments at the rate prescribed by the Late Payment of Commercial Debts (Interest)Act 1998 from the date payment was due until the date payment is made.
Usage Licence negotiated by the Photographer are payable regardless of whether Licensed Images are in fact used by the Client.
All payments are due in pounds sterling unless expressly stated otherwise.
10
EXPENSES
All Expenses figures provided in advance of a shoot are estimates only and the Client should allow a minimum 10% contingency budget in all cases. The Photographer will endeavour to work within the agreed cost Estimate, but individual costs within the Estimate may vary at his/her discretion to enable the most effective realisation of the brief.
Receipts for Expenses can only be provided if requested prior to shoot confirmation.
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 its request, the Client shall be liable to pay such extra Expenses and additional Fees at the Photographer’s normal rate.
11
LIABILITY
Photographer’s liability in any case is limited to professional Fees, which have been agreed. Photographer shall not be liable to Client for any loss of profit, loss of contracts, loss of business or revenues, loss of production or for any indirect special or consequential loss, damage, costs, expenses or other claims which arise out of or in connection with the shoot.
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AI
AI is not permitted, unless explicitly stated in writing.