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Terms

Please read our terms carefully before applying for an account or instructing Wipdesigns to start a project. Instructing Wipdesigns to start on a project hereby indicates you have read and agree with the terms below.

COMMERCIAL PROJECT BOOKING

Booking Wipdesigns ‘The Photographer’ for your project:

  1. All Clients are required to fill out a Project Form in order to book the Photographer for any commercial projects. The Photographer will then respond with an estimate for all works to commence, based loosely around the information provided in the project brief form.
  2. A deposit of 50% of the value of the estimated project cost is required in advance in order to book your required date.
  3. All prices are estimated and can increase should the need to overrun the project occur, where conditions, weather, electrical, hardware or other reasons prevent Wipdesigns from completing the session on the agreed date.
  4. The remaining project cost will be calculated based on the original estimate, initial deposit, plus any additional time needed to complete the project.
  5. All invoices must be paid in full before any photography, video or creative works are supplied the the client.

 

COPYRIGHT AND LICENSING

The entire copyright, title, and intellectual property rights of any Images will remain that of The Photographer at all times throughout the world indefinitely and is protected from the date of the creation of the image. The Client will be provided with a commercial licence to use the images for the use specifically set out in the agreement and not for any other use such as sharing, donating or gifting. The licence will outline the ways in which the images can be used exclusively by the Client and only the Client. If images are shared with other parties, then additional charges will apply and these charges will be enforced legally as a breach of copyright law.

 

THE RIGHT TO CREDIT

The Photographer asserts both his moral right to be identified as the author of his work and the right to credit (where possible) is asserted in accordance with Sections 77 – 79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.  Please credit ‘Wipdesigns.com’.

 

COMMUNICATION

It is vital at all stages that the Client and the Photographer have a mutual agreement that punctuality and communication are maintained throughout the project once agreed.

 

IMAGE LICENCING AND USAGE RIGHTS

The image usage rights are granted on a personal basis to the Client and are not transferable to other parties, individuals or business. Images cannot be sold, loaned, traded or transferred to another Client other than that stated at the start of the project.

 

POSTPONEMENT OR CANCELLATION BY THE CLIENT

If a booking is confirmed and then postponed, the Photographer reserves the right to charge a fee for postponement at their discretion. In addition, the client may be charged for expenses incurred by the Photographer as a result of postponement.

  1. Once a booking is confirmed with The Photographer, if the Client then cancels less than 7 days before the confirmed session date, there will be a cancellation fee of 20% of the total value of the project.
  2. If the Client cancels the session with less than 24 hours notice a cancellation fee of 50% will be charged.
  3. If the Client cancels on the day of the photography session a cancellation fee of 75% will be charged.

 

CANCELLATION BY THE PHOTOGRAPHER

If for some reason the Photographer is unable to attend or carry out their duties as agreed beyond their reasonable control, such as sudden illness, injury, being a victim of a crime or natural disasters, the Photographer will endeavour to connect the Client with another Photographer, unless the Client is happy to rearrange the session to another date. Liability is limited to a full refund of any fees paid to the Photographer if the session is cancelled completely by the Client.

 

REJECTION

Unless a rejection fee is agreed in advance, the Client has no right to reject the supplied Images on the basis of style, composition or colour and the full fee will be required within 30 days.

 

CHARGES AND TIMINGS

If the Photographer provides a quote to the Client, the fee will be charged at the agreed rate in the estimate.  The Photographer will often require a project brief at the time of booking by email.

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

If the length of the project is changed by the Client, the fee will increase as per the agreed hourly rate. This is also valid if the Client runs late or the project overruns the time agreed. The Photographer will make every effort to inform the Client of this at the time of the shooting, but this cannot be guaranteed and the Photographer cannot be held responsible for the project overrunning.

During photography sessions which overrun from the agreed time by more than a 5 days, the Photographer reserves the right to charge an interim payment.

If it becomes clear during the photography session that the project will be or is much bigger of a project than agreed or is different than that explained in the project brief then the Photographer’s fee could increase to compensate.

Upon arrival at the session location and there is an issue which is out of the Photographer’s control, such as bad lighting or limitations on the location the session is to be carried out at then the Photographer reserves the right to charge an overage fee to cover the time spent relocating. The Photographer reserves the rights to leave the session before completion if another session is booked after the current one and is likely to be missed due to overage on time on the Clients part.

The quoted fee is generally exclusive of milage charges unless stated. A mileage charge will be added to all invoices unless previously agreed with the Client. The Photographer charges 45p per mile. If the photographer needs to use a toll road, restricted area, private land or has to pay for congestion charges, then these charges will be passed onto the Client as a photography expense for the session and will be included in the project invoice.

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