TERMS AND CONDITIONS FOR THE SUPPLY OF PHOTOGRAPHY, VIDEOGRAPHY AND ASSOCIATED PRODUCTS AND SERVICES
1. Definitions
A P Photography refers to A P Photography.
Registered correspondence address:
1 Ullswater Drive, Cheadle, Staffordshire, ST10 1SU
The Photographer/Videographer refers to any employee, contractor or representative acting on behalf of A P Photography.
The Client means any individual, partnership, organisation, company, theatre, school, dance academy or other entity entering into a verbal or written agreement with A P Photography for the provision of services or products.
2. Acceptance of Terms and Conditions
All contracts and transactions between A P Photography and the Client, whether made verbally, electronically or in writing, shall be subject to these Terms and Conditions. By booking services or purchasing products from A P Photography, the Client is deemed to have accepted these Terms and Conditions in full.
3. Copyright and Ownership
In accordance with the Copyright, Designs and Patents Act 1988, copyright of all photographs, video footage, cinematic productions, digital media and associated content created by A P Photography remains the property of A P Photography unless otherwise agreed in writing.
Usage rights should be agreed prior to commencement of any assignment. Where no written agreement exists, the Client shall receive a non-exclusive licence to use the supplied media for a period of one year from the date of delivery.
Such licence shall only become valid once all invoices have been paid in full.
Should the Client wish to purchase full copyright ownership, a separate written agreement and additional fee shall apply.
A P Photography reserves the right to use photographs, video footage and other media created during assignments for portfolio display, website content, social media promotion, marketing, competitions, editorial publication and advertising purposes unless otherwise agreed in writing.
4. Cancellation, Postponement and Overtime Charges
If a booking is cancelled within 30 days of the scheduled start time, A P Photography reserves the right to charge the full assignment fee.
Where a booking is postponed or cancelled due to weather conditions or circumstances beyond the Client's control, A P Photography may charge a reduced fee together with any expenses already incurred.
Expenses may include, but are not limited to:
Specialist equipment hire
Venue fees
Travel expenses
Accommodation
Model or performer fees
Third-party contractor costs
Should an assignment exceed the agreed duration through no fault of A P Photography, additional charges may apply.
5. Payment Terms
For private, family and non-corporate clients, payment is due immediately upon completion of the assignment unless otherwise agreed in writing.
For corporate clients, payment must be made within 14 days of the invoice date.
A P Photography reserves the right to charge:
Interest at 10% per month on overdue invoices.
Statutory late payment fees where applicable.
Reasonable debt recovery costs incurred in pursuing unpaid accounts.
Delivery of products or digital media may be withheld until payment has been received in full.
6. Retention of Title
All photographs, videos, prints, USB media, digital downloads and other supplied products remain the property of A P Photography until full payment has been received.
A P Photography reserves the right to revoke any licence granted to the Client until all outstanding balances have been settled.
7. Fees and Expenses
All quotations are based on the information provided by the Client at the time of booking.
Should the assignment requirements change before or during the booking, A P Photography reserves the right to amend fees accordingly.
Where possible, notification of any additional charges will be provided in advance.
8. Representation
The Client should ensure that an authorised representative is available during the assignment where appropriate.
In the absence of such representation, the Photographer's or Videographer's interpretation of the brief shall be deemed acceptable.
9. Colour Accuracy
Whilst every effort is made to ensure colour accuracy, exact colour matching cannot be guaranteed due to variations in cameras, monitors, printers, projectors and display devices.
A P Photography shall endeavour to provide the closest possible match throughout the production process.
10. Delivery Shortages, Loss and Damage in Transit
Claims relating to shortages, damage or non-delivery must be made in writing within seven days of receipt.
A P Photography shall take reasonable care when packaging products for delivery but accepts no responsibility for loss or damage caused by third-party couriers or postal services.
Clients are advised to arrange suitable insurance cover for high-value items where required.
11. Confidentiality
Any information designated by the Client as confidential shall be treated as such and will not be disclosed to third parties unless required by law.
12. Conduct
The Client is responsible for the conduct of any person attending an assignment on their behalf.
A P Photography reserves the right to terminate services immediately where behaviour is considered threatening, abusive, unsafe or likely to cause damage to equipment or personnel.
In such circumstances, all fees and expenses remain payable in full.
The Client shall be responsible for any loss or damage caused to equipment or property by themselves or their guests.
13. Liability
A P Photography maintains Public Liability Insurance with a limit of indemnity of £10,000,000.
To the fullest extent permitted by law, liability shall be limited to the value of the services supplied.
A P Photography shall not be liable for consequential losses, indirect losses, loss of profits, business interruption or reputational damage.
14. Delivery of Products and Services
All products and services are supplied on a best endeavours basis.
Whilst every effort is made to meet agreed deadlines, A P Photography shall not be liable for delays resulting from circumstances beyond reasonable control including but not limited to:
Postal delays
Courier delays
Adverse weather
Equipment failure
Illness
Government restrictions
Industrial action
Acts of God
Fire
Flood
Terrorism
Civil unrest
15. Prices and Terms
All prices are subject to change without notice.
A P Photography reserves the right to amend these Terms and Conditions at any time.
16. Rush Services
Expedited editing, production or delivery services may be available at the discretion of A P Photography and may incur additional charges.
Availability cannot be guaranteed.
17. Digital Files and Electronic Media
A P Photography takes reasonable precautions to ensure all supplied digital files are free from corruption and malicious software at the point of delivery.
However, A P Photography accepts no liability for any damage, disruption, data loss or system failure resulting from the use of supplied media.
Clients are similarly responsible for ensuring files supplied to A P Photography are virus-free and safe to access.
18. Video Services, USB Media, DVD Quality and Playback Compatibility
A P Photography provides videography services including theatrical productions, dance performances, promotional films, marketing content, event coverage, cinematic productions and associated video products.
18.1 USB Media Quality
Video supplied on USB media may be delivered in HD, Full HD or Ultra HD (4K) formats, depending on the original recording specification.
USB delivery offers significantly higher image quality, audio quality and storage capacity than DVD media and is the recommended delivery format.
18.2 DVD Quality Limitations
DVD technology is limited to Standard Definition (SD) resolution and therefore cannot reproduce the image quality, detail, colour depth or sharpness available from HD or 4K video files supplied via USB or digital download.
The Client acknowledges and accepts that any reduction in quality associated with DVD media is an inherent limitation of the format and not a defect in the services provided by A P Photography.
18.3 Playback Compatibility
Although all reasonable steps are taken to test media prior to dispatch, A P Photography cannot guarantee compatibility with all televisions, DVD players, computers, media players, games consoles or other playback devices.
The Client is responsible for ensuring that their equipment supports the supplied media format.
18.4 Limitation of Liability
A P Photography accepts no responsibility for playback issues, compatibility problems, equipment limitations, software restrictions or perceived differences in quality between DVD media and USB or digital delivery formats.
No refunds, replacements or compensation shall be provided where issues arise due to the limitations of DVD technology or the Client's playback equipment.
By selecting DVD delivery, the Client acknowledges that DVD quality will be substantially lower than HD or 4K video delivered on USB media or via digital download.
19. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.
Both parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales.