Max Paley Photography

1. Definitions

For the purposes of this agreement, ‘The Photographer’ refers to Max Paley, trading as Max Paley Photography, ‘the Client’ refers to the person hiring the photography services, and ‘images’ refers to any images furnished by the Photographer — be that digital photographs, physical prints, or any other type of physical or electronic material.

2. Copyright and Ownership of Materials

The entire copyright, title, and intellectual property rights of any and all images remain that of the Photographer at all times and in all locations.

3. Right to a Credit

The photographer asserts both their moral right to be identified as the author of their work and the right to a credit (where possible) is asserted in accordance with Sections 77-79 of the Copyright, Designs, and Patents Act 1998, or any amendments or reenactment thereof. Please credit ‘Max Paley Photography’.

4. Use

1. Images are to be used as agreed at the time of booking and agreeing the fee. The licence to use is limited to the use and period as specific when booking and no other use of the images may be made without explicit permission from the photographer. An agreement must be reached with the Photographer before images are used for any other purpose, or if images are to be used after the licence to use has expired.

2. Manipulation of the images in any way, including using only a portion of an image, may not take place without the explicit permission of the Photographer.

3. Where a licence to use has expired and extended usage is desired, an additional charge must be agreed with the Photographer.

5. Exclusivity

1. The usage rights granted are personal to the client and may not be assigned, loaned, or transferred to third parties, save for the purpose of the work by the Client such as reproduction, usage rights, and public relations.

2. The Photographer reserves the rights to refuse the granting of a reproduction licence to a third party when requested to do so by the client.

3. The photographer retains the right, in all cases, to use the images covered by this agreement at any time and in any location for the purpose of advertising or otherwise promoting their work.

6. Client Confidentiality

The Photographer will maintain confidentiality and not disclose to any third partier, nor make use of material or information communicated to them, save as to be reasonably necessary to enable to Photographer to carry out their obligations in relation to the work.

7. Booking

1. The client will be required to complete a Booking Form (either digital or hardcopy). On receipt of a completed booking, a confirmation email will be sent by the Photographer — the booking will then be considered confirmed.

2. Once a booking has been made by the Client for a specific date and time, and the has been confirmed by the Photographer, the Photographer will not accept any work from other clients at this date and time.

8. Cancellation or Postponement by the Client

1. When a booking is confirmed, a cancellation fee will be charged to the client according to the following schedule:
   i) When a client cancels a booking with less than seven days notice of a confirmed date and time, a fee equal to 20% of the booked time and rate will be charged.
   ii) When a client cancels with less than 24 hours notice of a confirmed date and time, a fee equal to 50% of the booked time and rate will be charged.
   iii) When a client cancels on the confirmed date, the booked time and rate will be charged in full.

9. Cancellation or Postponement by the Photographer

If the Photographer is unable to attend a booked date and time due to any cause beyond their reasonable control (including but not limited to sudden illness,, injury, being victim to a crime or Act of God), or in the unlikely event of a total photographic equipment failure, liability shall be limited to a full refund of any fees paid to the Photographer by the Client at that time. The Photographer shall endeavour to rebook the at the date and time most convenient for the Client.

10. Rejection

Unless a rejection fee has been agreed and paid in advance, there is no right to reject the images on the basis of composition or style.

11. Charges and Timings

1. If the Photographer provides a quote to the Client, the fee will be charged at the agreed rate.

2. Where extra expenses or time are incurred or needed by the Photographer as a result of alterations to the original brief outlined by the Client or otherwise at their request, the Photographer reserves the right to charge the Client extra expenses and fees.

3. If the client changes the length of a job the fee will increase as per the agreed hourly rate. If the Client is delayed resulting in the job running beyond the originally agreed time, the fee will increase as per the agreed hourly rate. The Photographer will make the Client aware of timings and should the work run longer than originally agreed, the Photographer will make the Client aware of this and the associated costs. There is a mutual understanding between the Photographer and the Client that punctuality is important and this is to be respected by both parties.

4. If it becomes apparent when the job begins that is is significantly differently or larger than the agreed brief, it will be made clear to the Client that the Photographer’s fee may increase. If the Photographer is unable to contact the Client or payer of invoice at the that time the work will stop until contact has been made.

5. On the occasion that incorrect information is given by the Client, including but not limited to providing an incorrect location, date, or time, or if the Client fails to arrive at the agreed location and time, the full fee will be charged to the Client.

6. Quoted fees include travel costs within Greater London. For jobs outside of Greater London, and additional milage fee, agreed upon in advance, will be charged.

12. Terms of Payment

1. Payment terms are strictly 30 days from the date of the relevant invoice ‘Due Date’, unless agreed upon in advance and in writing.

2. The Photographer reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 from the due date until the date payment is made.

3. If any invoice issued to the Client is not paid by the Due Date, then all invoices issued to the client will become due with immediate effect, and the Photographer may consider these invoices as overdue when pursuing the recovery of said debts.

4. Payment is required by Bank Transfer, and bank details will be provided on the invoice.

13. Liability and Indemnity

It is the Client who must satisfy themself that all necessary rights, model releases, or consents which may be required for reproduction, are obtained. It is acknowledged that the Photographer gives no warrant or undertaking that any such rights, model releases, or consents have been, or will be, obtained whether in relation to the use of names, people, trade marks, registered or copyrighted designs, or works of art depicted in any picture. In the event that an Image issues or reproduced by, or with the authority of the Client, does not have the necessary rights, model releases, or consents, then the client shall indemnify the Photographer against all expenses, damages, claims, and legal costs arising as a result of any such failure.

It is the Client who must satisfy him/herself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that The Photographer gives no warranty or undertaking that any such rights, model releases or consents have been or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any picture.  In the event that the Image issued or reproduced by or with the authority of the Client does not have the necessary rights, releases or consents, then the Client shall indemnify The Photographer against all expenses, damages, claims, or legal costs arising out of any such failure.

14. Archiving of Images

All final images will be archived by the Photographer for one year. If archived photographs are required after that time or if additional storage time is required, an admin or storage fee may be charged. If images stored by the Photographer are lost or stolen, the Photographer is not liable beyond one year of storage. Within one year, the Photographer is liable to the cost of the original images.

15. Applicable Law

This agreement shall be governed by the laws of England and Wales.

16. Variation

No variation of the terms and conditions laid out herein shall be effective, unless agree by both parities in writing.