In these Conditions the following expressions shall have the following meanings: “the Photographer” shall mean Joe Clark. “the Client” shall mean the individual, company or other legal entity which contracts for the Services. “the Requirements” shall mean the photographic needs specified by the Client, clarified and agreed with the Photographer “the Artwork” and “the space” shall mean the subject matter and the environment within which it exists. “the Services” shall mean all services Joe Clark agrees to provide to the Client, including setting photographic lighting and shooting, image post-processing, server storage, and delivery. “the Contract” shall mean the Contract for Services between the Photographer and the Client.
The formation of the Contract is deemed to be concluded (i) by acceptance of the Photographer’s estimate, or (ii) if no Estimate is issued, at the time of the Client instructing the Photographer to provide the Services.
1.1 These terms & conditions govern every contract made between Joe Clark and the Client for the supply of goods & services made by Joe Clark, and supersede any earlier Conditions. They prevail over any written terms & conditions made by the Client.
1.2 Any variation to the terms must be agreed in writing by Joe Clark and the Client or its nominated representative.
1.3 The Client warrants that it is authorised to enter into a contract with Joe Clark and has the authority to accept these terms and conditions.
1.4 Every contract made between Joe Clark and the Client is governed by and shall be construed in accordance with the laws of Germany. Both parties submit to the exclusive jurisdiction of the Courts of Germany.
QUOTATIONS & ESTIMATES
2.1 All prices quoted are exclusive of VAT.
2.2 Charges for photographic services are based either on a time and/or per-shot basis.
2.3 Estimates on timings and costs are available after:
a) the Photographer has made a site visit, or
b) the Client has sent the Photographer visual and written details of the space and subject matter.
An estimate is just to give an idea and does not guarantee that the final charges and timings in the performing and delivery of the service will be as initially stated.
2.4 Written quotations are only available if the Photographer is given exact details of the nature of the work and that the photographer can make a site visit. Quotations and estimates are only valid if the required service does not change. Quotations remain valid for up to 30 days.
2.5 Time based charges of half day & full day rates correspond to periods of ‘up to 4 hours duration’ and ‘up to 8 hours duration’. These periods along with an hourly rate and added time rate begin when the Photographer arrives at the location and finishes when they leave.
2.6 Charges for pre-agreed photography on weekend days are +25% on Saturday and +35% on Sunday.
2.7 Photographic location shoots that extend over two days will possibly necessitate overnight accommodation and board; this will be pre-agreed at the time of booking and be charged at cost to the Client.
2.8 Travel, transportation and delivery are all charged at cost.
2.9 Acceptance of the Photographer's quotations & estimates and making a booking implies acceptance of these Conditions.
3.1 When a Client makes a booking with the Photographer they are agreeing that they will honour the payment & settlement for the charges of the services booked.
3.2 The Client is required to inform the photographer of the delivery date and requirements at the time of the booking, if they do not do so then it is agreed that they do not require a specific time or date, and the Photographer will deliver the images within 7 working days of completing the shoot. The ‘Same Day’ and ‘Next Day’ requirement for the post production & delivery of images require prior agreement at the time of booking; there is an extra charge for this.
3.3 If a booking is made for services for over a period of more than a day, or a ‘blanket’ booking is made for longer periods, then it is the duration of that period that becomes chargeable, not just the period that is actually spent performing the service. The Client can ask the Photographer to bookmark a period of dates that can be postponed or changed up to:
a) until 1 week before the occurrence of the dates, or
b) another party wishes to make a booking on the dates, or
c) until a required outgoing cost is required off of the Photographer in order to provide the required service (equipment hire, transportation, etc).
3.4 It is expected that the Client is fully aware of what they require at the time of the booking and shall communicate that to Joe Clark. If there are changes to the requirements during the performing of the service that may nullify the original validity of the initial required service, then the initial fee will still be valid along with any extra charges arising from the new requirements, including any downtime due to the changing of service (retrieval or hire of required equipment, re- installation of equipment etc).
3.5 Should the Client's requirements change after the initial booking, there may be additional costs and changes to the duration and timings of the job. There is also the possibility that it might not be possible to deliver certain services due to limitations out of Joe Clark’s control. All changes will be required to be agreed in writing before they become valid.
4.1 It is the responsibility of the Client to ensure before all photography starts that:
a) the Photographer has been given any necessary instruction as to how the work should be executed.
b) all permissions, authorizations and guidance have been given if working within restricted areas.
c) any artwork is correctly installed & positioned and the space ready for photographing.
d) the Photographer is notified of any limitations or faults in the supply of electricity supply and lighting.
Failure to ensure these requirements may result in changes in costs and charges, inaccurate and misleading images, as well as charged cancellation or postponing of the service.
4.2 It is the responsibility of the Client to ensure that an authorised representative is available during the shoot to make decisions and agreements on their behalf. If an authorised representative is not available onsite at the time of the shoot:
a) The photographer will produce and deliver what he considers to be the best of every situation covered.
b) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
4.3 It may not be possible to deliver the required images or product if the requirements change after the photography has been completed.
4.4 Should there be any change of photographic requirements during the shoot that demand extra shooting and/or processing time, the modified requirements, as well as the additional costs, must be agreed by Joe Clark and the Client's authorised representative, first verbally, and then in writing. The Photographer reserves the right to decline a change if it is impractical, equipment needed and timing constraints stop the carrying out of the service: the original estimated charge for original booking will still remain valid and chargeable.
POST PROCESSING & DELIVERY
5.1 Images are delivered at the times pre-agreed at the time of booking or if re- negotiated in the shoot.
5.2 The standard service allows images to be primarily available for download from a provided link.
5.3 The uploading of images and files to the client’s server or third party servers will be a chargeable service due to the time required to send and confirm delivery by the Photographer.
5.4 Post processing will be included in the original quote or estimate. It covers the service of colour calibration of the images, correcting simple distortions and removing a number of physical blemishes. Images are outputted into the pre-agreed formats at the time of booking.
5.5 Changing and manipulating the images, creating composite images, removing elements, replacing and rebuilding elements in the image, are all treated as retouching and will be charged as an extra service accordingly.
5.6 The RAW image file & working space file are not given out or distributed, however the 16bit TIFF final work files are available depending on the circumstance and agreement between all parties.
5.7 Lost image files can be replaced by Joe Clark, if within a reasonable time. The job reference/invoice number will be required for referencing the originating artwork. There will be a fee for this service.
6.1 Joe Clark maintains ownership of the image, its RAW and working files. Images may not be sold or given to be resold to make financial gain without the written agreement of Joe Clark.
6.2 When images are published, the words Joe Clark should be credited adjacent to the image. For social media the appropriate handle is @joeclark.photo.
6.3 The actual licence granted can vary from job to job and should be agreed at the time of making the estimate and will be included on the final invoice.
7.1 The licence to use only comes into effect once full payment of the invoice has been made. No use may be made of the images until full and final payment – including any late payment charges that may have been levied – has been received by Joe Clark.
7.2 Permission in writing may be granted for image 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;
7.3 Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on Joe Clark’s invoice. An agreement must be reached with Joe Clark before the pictures are used for a different purpose or after the licence to use has expired;
7.4 Reproduction rights are not issued exclusively to the Client except when specified;
7.5 Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture 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;
7.6 Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied;
7.7 Joe Clark reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.
7.8 In the case of printed publications, three copies of the relevant pages containing any picture supplied are to be furnished to Joe Clark free of charge within two weeks. In other media, evidence of use must be made available if requested
INSURANCE & DAMAGES COVER
8.1 Any artworks entrusted to Joe Clark shall remain at the risk of the Client.
8.2 The Client will insure any artworks on an ‘All Risks Policy’ and provide documentary evidence of the same to Joe Clark and insure that Joe Clark’s interest is noted on the All Risks Policy including damage and loss.
8.3 The client authorises Joe Clark to come into the space and take photographs. The client has the authority to allow the photographer entry and permit him to take photographs.
8.4 The client shall be responsible for obtaining necessary clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
9.1 The Client will settle the account within 30 days of the date of the invoice.
10.1 Joe Clark will not be liable for any failure to perform any job due to circumstances beyond his control including but not limited to: lock-outs, power cuts, flooding, fire, unsafe working conditions, machine breakdown, riots, civil commotions, industrial actions or extreme weather conditions.
10.2 Cancellations outside of 48 hours prior the agreed time of contracted job will not incur a cancelation fee but any outgoing expenses or assistant fees will be invoiced for.
10.3 Cancellations within 48 hours & postponements (excluding weather-related) within 24 hours of the agreed time of contracted job will incur a cost based 50% of the job’s estimate.
10.4 Cancellations within 24 hours of the agreed time of contracted job will incur a cost based 100% of the job’s estimate.
10.5 A previously confirmed shoot may be rescheduled due to weather by mutual agreement between the client and the photographer.
10.6 If for any reason there is some discrepancy between the service received & the original service agreed, it is the responsibility of the Client to make this known within 5 working days of receipt of the final product