Ram Shergill Terms and Conditions
TERMS & CONDITIONS
PHOTOGRAPHY: Definitions
“Ram Shergill” means Ram Shergill Photography UK. “The Client” means any person, body of persons, Publication, Agency, or Company with whom Ram Shergill enters into a contract, verbal or written, for the sale of goods or provision of services by Ram Shergill Photography or with any of Ram Shergill’s agents.
Acceptance of Terms and Conditions
All contracts and transactions between Ram Shergill Photography and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between Ram Shergill Photography and all or any of its Clients.
Copyright, Usage, Ownership & Licence
Photographs are the exclusive property of Ram Shergill trading as Ram Shergill Photography and are protected under international Copyright, Designs & Patents Act 1988. The copyright of all photography taken by a Ram Shergill Photography is retained by Ram Shergill Photography and cannot be used by a third-party organisation unless pre-agreed with Ram Shergill Photography. No use may be made of the images until payment is made in full. Once payment is made the license terms default to the terms outlined in the invoice.
Exclusivity
Ram Shergill Photography retain the right in all cases to use the photographs for the purposes of advertising or otherwise promoting their own work.
Client Confidentiality
Ram Shergill Photography will keep confidential and will not disclose to any third parties or make use of material or information communicated to them in confidence for the purposes of the photography.
Expenses
Expenses are estimated at the time of commission and charged at cost. Where extra expenses or time are incurred by Ram Shergill Photography as a result of alterations to the original brief by the client or otherwise at their request, the client shall give approval to and be liable to pay such extra expenses or fees at Ram Shergill Photography’s normal rate in addition to the expenses agreed or estimated.
Rejection
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
Cancellation & Postponement
A booking is considered firm as from the date of confirmation. Accordingly, Ram Shergill Photography will charge a fee for cancellation or postponement.
When a booking is cancelled, the percentage of the booking fee charged as a cancellation fee will depend on the amount of time still to elapse before the photography date.
Cancellation Rates
0 to 1 days – 100 % of booking fee
2 to 4 days – 75 % of booking fee
5 to 7 days – 50 % of booking fee
7 days + No charge
At the time of cancellation any expenses related to the shoot will be claimable by Ram Shergill Photography from the cancelling client and invoiced at cost at the time of cancellation, with receipts provided. This is including but not limited to; Assistant’s cancellation charges, Models, flights and all transport, accommodation and kit hire charges etc.
Cancellations/postponements due to Weather Conditions
Ram Shergill Photography cannot be held responsible for cancellation due to inclement weather conditions.
Payment Terms
Invoice must be paid within 7 days. No use may be made of the images before payment is made in full, any such use is a breach of copyright. Late fees apply beyond 30 days and are charged at 10% of the invoice total every 7 days until payment is made.
All quotes are ex VAT.
Representation
The Client shall ensure that there is an authorised representative present (whom is at a considerable level within the organisation) at the assignment to ensure the correctness of the Photographer’s interpretation of the Clients brief. The Client shall be responsible for the behaviour of any persons accompanying the photographer on the assignment. Onsite the Photographer reserves the right to terminate any assignment without notice if she deems the Clients behaviour to be unruly or unsafe.
Short Notice or Rush Services
Ram Shergill Photography reserves the right make an additional charge should the Client request a Short Notice or Rush service. This service is subject to availability and cannot be guaranteed.
Day Rates
Day rates vary for each project. A full day shooting is 8 hours including set up and pack down. Half day is 4 hours including set up and pack down. Working beyond this time frame is classed as over time and is charged at the rate representative of the commission per hour unless otherwise negotiated.
Travel Rates
Travel Days are charged at half the day rate of Ram Shergill’s fee.
Select Processing Rates
Images, including RAW file delivery, undergo basic processing which can involve but is not limited to, colour correction, exposure adjustments and charged at a rate of £75.00 per image. Retouching is outsourced and charged at cost.
Rights and Usage Fees
Rights and usage fees vary for each project.
Images/Data Supplied in Electronic Format
For all images/data supplied to the Client in electronic format (including but not limited to electronic mail, CD’s/DVD’s etc.), Ram Shergill Photography will endeavour to ensure that the data sent is not corrupt and is virus-free before despatch.
Ram Shergill Photography cannot be held responsible for any damage, disruption and/or loss of any kind that the said media may cause to the Clients computer or data. The Client agrees to take similar steps to ensure that data sent to the Ram Shergill Photography is not corrupt and/or virus-free.
Applicable Law
This agreement shall be governed by the laws of England, Wales and Scotland and International law.
Variation
These Terms and Conditions shall not be varied except by agreement in writing.