1. DEFINITIONS
(a) Picture includes a photograph, images, transparency, negative, digital scan, or any other item which may be
offered for the purpose of reproduction;
(b) Videos include a digital recording or other visual media product featuring moving images, with or without
audio;
(c) Reproduction includes any form of publication or copying of the whole or part of any picture or video and
whether or not altered by printing, photography, slide projection (whether or not to an audience), xerography,
layout or presentation, electronic or mechanical reproduction or storage by any other means;
(d) Focal Pros is the Author of the photograph,
videos and films or the Photographer/Videographer;
(e) The Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting
for a third party);
(f) Focal Pros is a company registered in England & Wales and administers the licensing of
the works of the Photographer/Videographer, Focal Pros;
(g) These terms and conditions represent the entirety of the agreement between Focal Pros and the Client. Any variation is only applicable when agreed in advance and in writing.
2. COPYRIGHT & OWNERSHIP
(a) Under the Copyright, Designs and Patents Act 1988, the copyright of original artistic work, such as photographs, films and videos, is protected by Law. Under the Act, the copyright (or intellectual property) of original work automatically belongs to its creator, such as a photographer, producer or director of the video (usually videographer), who may usually publish, reproduce and sell the image/video in any way;
(b) Therefore, the entire copyright in the pictures, films and videos is retained by the Photographer and
Videographer, Focal Pros at all times throughout the world and is administered by Focal Pros;
(c) Original raw footage and original pictures (non-edited material) is the sole ownership of the Photographer/Videographer and Focal Pros;
(d) Title to all photographs, videos and film remains the property of the Photographer/Videographer;
(e) Images and videos will be licensed for use for a specified period. When the Licence to Use has expired,
the images and video should be returned to the Photographer/Videographer and a written undertaking given that all digital files have been destroyed. The Client is expected to Comply with this requirement within 30 days of expiration of the Licence to Use. The Photographer/Videographer reserves the right to make an additional charge for continued use after this period;
(f) Focal Pros asserts both his moral right to be identified as the author of his work and the right to a credit is asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
3. USE AND REPRODUCTIONS
(a) 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 and/or video(s) until full and final payment – including any late payment charges that may have been levied – has been received. Focal Pros reserves the right to make a charge of 25% of the original invoice (excluding expenses) when images and/or video(s) are used before full payment has been received;
(b) Permission in writing may be granted for image and/or video use before payment, however this permission
will be immediately revoked if payment of the invoice is not made by the timescale stated on the invoice;
(c) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on
Focal Pros’s invoice or in a separate email. An agreement must be reached with
Focal Pros before the pictures and/or video(s) are used for a different purpose or after the licence to use has expired;
(d) Reproduction rights are not issued exclusively to the Client except when specified on the invoice or in other forms of writing;
(e) Reproduction rights granted are personal to the Client and may not be assigned, nor may any pictures and/or video(s) submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights;
(f) Focal Pros reserves the right to refuse to supply or grant a reproduction licence
to a third party when requested to do so by the Client.
Definitions of Reproduction Rights
The following terms are used when describing the reproduction rights granted by Focal Pros and the Photographer/Videographer to the Client:
- Personal and Social Media Use only: The right to use the pictures/videos for personal use within a home environment and for personal social media use only;
(b) Internal Use only: The right to use the pictures/videos only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client’s premises; editorial use in the Client’s intranet site;
(c) PR and Press distribution: The right to use the pictures/videos as described in 5(b); plus a licence for third parties to reproduce such pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication;
(d) Specified Use only: The right to use the picture/video once only for the purpose as described on the invoice or in other forms of writing;
(e) Editorial: One reproduction only of pictures/videos supplied within one print edition of the specified title in an editorial context only.
Pre-Production & Production Requirements
(a) It is the client’s responsibility to obtain all necessary permissions including but not limited to performances,
branding, trademarked goods and logos, use of intellectual property, imagery, sound recordings and any other copyrighted material which will form part of the final image and/or final video production;
(b) Clear access for picture, video and sound capture shall be arranged and managed by the client. If filming
venues are being organised by the client, it is the client’s responsibility to ensure that the Videographer has clear
access to all relevant locations required throughout the day. Delays in production as a result of inadequate access or facilities may incur additional charges.
4. BOOKINGS & CANCELLATION
(a) The Client will be required to get in contact with Focal Pros for a specific quote or to arrange for an initial meeting;
(b) A non-refundable booking fee of 25% is required for all wedding bookings and a non-refundable booking fee amounting to the cost of travel and accommodation (if necessary) is required for all bookings that necessitate significant travel;
(c) Once the Client and the Photographer/Videographer has agreed on a specific time and date, Focal Pros will send a booking contract. Once the contract has been signed by both parties and the booking fee (if any) has been paid, the booking will be considered confirmed and Focal Pros will not accept any other work from other clients for those times and/or dates;
(d) Payment in full of the remaining balance will be due 14 days (two weeks) before the wedding day and all other payments will be due 28 days (four weeks) after the date of invoice;
(e) As a result, once a booking is confirmed, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule:
- When a client cancels a confirmed booking up to 2 days before any confirmed date, no fee will be charged;
ii. When a client cancels a confirmed booking within 48 hours of any confirmed date, a fee of 50% of the booked time rate will be charged;
iii. When a client cancels a confirmed booking within 24 hours or less of any confirmed date, a fee of 100% of the booked time rate will be charged.
(f) In addition to the cancellation fee outlined in 7(e), the client will be charged for any expenses already incurred by Focal Pros.
5. FORCE MAJEURE
(a) If Focal Pros – with the agreement of the client – cancels a shoot due to inclement weather/lighting conditions or any other reason beyond Focal Pros’s control and the client is unable or unwilling to arrange or agree on a suitable new date within either a reasonable and mutually agreed timescale or ONE calendar month, then the client will be liable to pay 50% of the booked time rate plus any expenses already incurred by Focal Pros;
(b) The Photographer/Videographer will endeavour to put the client in touch with another photographer/videographer in the event he is unable to attend any shoot or event due to any cause beyond their reasonable control (e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown, etc.);
(c) In the event of equipment failure beyond the Videographer’s control, including theft of equipment or material, the Videographer is not liable for refund or compensation, but will try to appease the client using any available recorded material. In the unlikely event of a total video failure, liability shall be limited to a refund of monies paid other than the deposit;
(d) The Photographer/Videographer reserves the right to cease shooting, filming or editing if situations arise that are unfit to continue (E.g. Grounds of safety, mistreatment, offensive or abusive behaviour, or unacceptable working conditions). In these instances, the Photographer/Videographer is not liable for refund or compensation.
6. PAYMENT TERMS
(a) Our payment terms are strictly net 28 days (four weeks) unless agreed in advance and in writing. For all wedding events, the final payment is due 14 days (two weeks) before the scheduled event;
(b) If payment is not made in accordance with (a) above then Focal Pros may rescind
any Agreement and recover damages, or, at its option, may exercise its statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1998;
(c) A statutory interest of 2% will be charged per month if payment in accordance with (a) above is not met;
(d) A fee of £5 will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuance of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices;
(e) Going over the agreed duration of shoot/coverage may incur additional charges at the discretion of Focal Pros;
(f) The Client’s right to reproduce a picture/video arises only when Focal Pros’s invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or invoices). Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling Focal Pros to rescind the Agreement and rendering the Client liable for the payment of damages.
7. LIABILITY & INDEMNITY
(a) While Focal Pros takes all reasonable care in the performance of this agreement
generally, it shall not be liable for any loss or damage suffered by the Client or by any third party arising from the use of reproduction of any picture, video or its caption;
(b) The Client agrees to indemnify Focal Pros in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any pictures and/or videos supplied to the Client by Focal Pros.
8. LAW
Email communication constitutes a contract in law, unless the Client specifically states that they will not accept this and instead Focal Pros will provide hardcopy paperwork of all relevant agreements and contracts.
9. CLIENT CONFIDENTIALITY
The Photographer/Videographer and Focal Pros will keep confidential and will not disclose to any third parties or make use of information communicated to them in confidence for the purposes of photography/videography, save as may be reasonably necessary to enable the Photographer/Videographer or Focal Pros to carry out their obligations in relation to their commission.
10. DATA PROTECTION
The Client must ensure that all necessary arrangements have been made with, and permissions obtained from people and places that may be recorded on video or included as part of an image as part of Focal Pros supplying the service(s) – and that such recording and/or shooting is in compliance with Data Protection. Focal Pros reserves the rights to use extracts from the finished production and final images from the shoot for publicity purposes on Focal Pros’s website, third party websites associated with the event (E.g. wedding), and any social media sites. The client will notify those attending the event that they may be recorded on video cameras and that by attendance they give their consent to being recorded. Additionally, the client is responsible for obtaining permission for any child or adult who are to be part of a photoshoot.
11. DELIVERY
(a) The Photographer/Videographer will endeavour to deliver final images and/or edited footage as quickly as possible. However, this could take up to 4-6 weeks during busy periods;
(b) The Photographer/Videographer and Focal Pros is not obligated to release any raw image files or raw, unedited footage to the client.
12. MAKING PAYMENT
Our terms are strictly net 28 days (four weeks) unless agreed in advance in writing. For wedding, the final payment is due 14 days (two weeks) before the scheduled event. Payment by BACS is preferred and bank details will be provided on our invoice. We also accept payment via PayPal and should be made payable to photo@matthewlukowski.com or Focal Pros. Please note, when making payment via PayPal, clients are advised to send proof of receipt.
12. AMENDMENTS
We may amend this Privacy Policy from time to time. When we amend this Privacy Policy, we will update this page accordingly and require you to accept the amendments in order to be permitted to continue using our services.