Terms & Conditions

The Photographer

On occasions without notice it may be necessary for the photographer to be substituted by another photographer (e.g. due to ill health). Or, in the unlikely event that a substitution photographer cannot be found, both parties will mutually agree an alternative date. 

Images

All image sizes are nominal. The photographer will provide images with pleasing colour balance for outdoor work but cannot guarantee an exact colour due to the extreme variables in climatic conditions. Colour profiling is used for studio based work however, it is sometimes impossible to record the exact colour as seen by the human eye. When a specific colour is required, this must be set out in the brief and we will discuss how and if this can be achieved affectively.

Post Production

Retouching and digital manipulation is available on all images produced. This may involve removing dust particles from the images, correcting colour balance, removing unwanted objects and correcting any lens distortion. If you have a specific style of image in mind, this must be set out in the brief and approved by the photographer as a Special Request.

Special Requests / Coverage

The client understands and accepts that the photographic coverage will be as the photographers professional expertise determines and that no one photograph will be deemed more important than another.

Any special requests / instructions must be sent to Izel Photography in writing and approved.  Special requests are not binding instruction, although every effort is made to comply with the client's wishes.

Copyright and Media Licenses

Rights:

All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of Photographer. Unless otherwise specifically provided elsewhere in this document, any grant of rights is limited to a term of one (1) year from the date hereof. No rights are transferred to Client unless and until the Photographer has received payment in full. The parties agree that any usage of any Image without the prior permission of Photographer will be invoiced at three times Photographer's customary fee for such usage. Client agrees to provide Photographer with copies of each published piece of work.

Hosting Services

We may provide digital download services for delivery of digital images. This service will be available for a limited period of 4 weeks from the date of upload by us.

We cannot guarantee that this service will be accessible at all times. In the unlikely event server downtime may occur and you are unable access your files, an alternative delivery method will be discussed. We cannot accept responsibility for any consequences arising from unavailability of these.

Hosting may include images containing people. It is understood that people who appear within these images do not object to having the images published or downloaded for use by clients or third parties accessing clients galleries. If this is not the case you must inform us and we will remove these images.

Usernames and passwords for downloads should be kept confidential to yourself or within your company or organisation (if applicable). If you suspect un-authorised use of a username and password it should be reported to us immediately so we can re-issue replacement passwords. Client assumes full liability for its principals, employees, agents, affiliates, successors, and assigns (including without limitation independent contractors, messengers, and freelance researchers) for any loss or damages caused by un-authorised use of usernames & passwords.

Artistic License

The photographer shall be granted complete artistic license in relation to composition, poses and the locations used along with any necessary post production which may need to be carried out on any images. The photographer’s judgment regarding the locations/pose, post production and number of images taken shall be final. Due to the vagaries of the weather, environmental conditions and the willingness of subjects it may not be possible to capture all the images requested.

Display

The client hereby allows the photographer/s to display any images included as part of the services in their studios, portfolios, literature, web sites, exhibitions and advertising for self promotion and marketing. If images should not be used in this way please advise us when commissioning work.

Assignment Cancellations and Postponements:

Cancellations: Client is responsible for payment of all expenses incurred up to the time of cancellation of the assignment, plus 50 percent of Photographer's fee; however, if notice of cancellation is given less than two (2) business days before the shoot date, Client will be charged 100 percent fee.

Postponements: Unless otherwise agreed in writing, Client will be charged a 100 percent fee if postponement of the assignment occurs after photographer has departed for location, and 50 percent fee if postponement occurs before departure to location.

Fees for cancellations and postponements will apply irrespective of the reasons for them.

Force Majeure or Act of God

The due performance of the services is subject to alteration by either party owing to Acts of God, i.e. extreme weather, force of nature, war, terrorism, civil disturbance, and the fault of a third party. In this event, both parties will agree an alternative date.

However, should the client cancel the assignment rather than rearrange and alternative date, then the cancellation fees above will apply.

Limitation of Liability

In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party will be liable for indirect or consequential loss.

Complaints

Any complaints should be raised by the client with the photographer, in writing, within 28 days of first becoming aware of the matter to be complained of and in any event within 28 days of receipt of the images.

Payment

We require invoice details before beginning any work including email contacts and company addresses. Invoices are sent once work is received by the client.

Invoices must be paid within 30 days of the date of invoice (unless a client agreement is in place prior to work being provided).

New clients have 14 days to pay invoices from date of issue (unless a client agreement is in place prior to work being provided).

Confidentiality

If instructing us on confidential work all matters relating to the organisation of that confidential work will be arranged by you or your company. Izel Photography will not organise access to photograph facilities or spaces or provide details or information concerning image uses in relation to any confidential work. Questions relating to image usage would be referred back to you / your company.

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