1 - Introduction
When using any service or products that 'JYG Elevated
Photography' supply, you are legally bound to the
following terms and conditions of business unless
otherwise specifically agreed in writing. These terms
and conditions may vary from time to time and 'JYG
Elevated Photography' reserves the right to amend this
agreement which will be re-posted on 'JYG Elevated
Photography' web site when required.
2 - Photographic Brief and Quotation
Before any photographic commission takes place, 'JYG
Elevated Photography' shall be in possession of a
clear brief and shall have agreed the price of the
commission by way of a written quotation (normally
supplied by email). The brief is essential in order to
establish the exact objectives of the photographic
session and to ensure that the site or subject to be
photographed is with full permission and has been
fully prepared in accordance with section 4 of these
terms and conditions. If a site survey is required,
the cost shall be agreed and paid prior to the
commission taking place. Unless otherwise stated, the
quotation shall only include the photographs being
supplied in digital JPEG format via e-mail or sent on
CD-ROM. Photographic prints can be supplied at an
additional cost to be agreed. 'JYG Elevated
Photography' shall use the equipment and methods it
sees fit to take the photographs in accordance with
your proposed use of the images in the brief. The
client retains personal reproduction rights for the
photographs as stated in section 6. 'JYG Elevated
Photography' reserves the right to reject any
commission.
3 - Payment
'JYG Elevated Photography' will carry out a commission
based upon a written order and submit an invoice upon
completion of the commission. The invoice must be
settled prior to any photographic material being sent
to the you unless a prior payment arrangement has been
agreed in writing. If a payment is not settled within
14 days of invoice date, 'JYG Elevated Photography'
reserves the right to charge interest at 10% per
month. 'JYG Elevated Photography' reserves the right
to retain all material supplied until payment is
received in full.
4 - Photographic Permission
The client shall be responsible for obtaining all
relevant permission from landowners, local authorities
and other individuals, corporate bodies, or government
authorities that may take issue with trespass,
photographic reproduction, and all other aspects of
legitimacy. Permissions must be obtained prior to 'JYG
Elevated Photography' arriving on site to carry out
the commission. This permission shall include legal
access, authority to take the commission from the
owner and the police or local authority authorization
where required. In some public places or when taking
aerial photographs, a licence or police authority may
be required which, shall be the responsibility of the
client. If all relevant permission and access is not
obtained when 'JYG Elevated Photography' arrives on
site, the client shall be liable for the full cost of
the commission. 'JYG Elevated Photography' retains the
right to make the final judgment on whether the site
is suitable and safe for the photographic commission.
5 - The Commission
Once 'JYG Elevated Photography' has received a written
order, the commission will take place at the agreed
place, date, time and for the quoted price unless
instructed in writing by either party. Any notice of
cancellation less than 24hrs prior to the agreed time
shall be charged at 80% of the invoice value. All
cancellations shall be in writing. The client shall be
responsible for obtaining all permission and preparing
the site or subject for photography prior to 'JYG
Elevated Photography' arriving on site, unless
otherwise agreed in writing. If the client or 'JYG
Elevated Photography' are unsure about the feasibility
of photographing at the location, a site survey can be
arranged at an agreed fee. Once on site, 'JYG Elevated
Photography' reserves the right to invoice the client
at the full rate whether or not the commission is
completed, unless a prior arrangement has been reached
in writing. The client will also be invoiced for the
full amount if 'JYG Elevated Photography' arrives at
the location but cannot obtain access to the site.
6 - Copyright
At all times, 'JYG Elevated Photography' exclusively
owns all copyright and intellectual property rights of
all photographic material and resulting images from a
commission. Personal reproduction rights of the
photographic material and resulting images from the
commission shall remain with the client once the
invoice has been settled. The client is prohibited
from altering any material supplied by 'JYG Elevated
Photography' without first receiving written
permission from 'JYG Elevated Photography'. Use of the
commissioned material by a third party will require
written permission from 'JYG Elevated Photography'
along with an extra fee. 'JYG Elevated Photography'
has exclusive copyright of the photographic images
supplied and this allows 'JYG Elevated Photography' to
use any of the images for any advertising or marketing
purpose unless otherwise agreed in writing. The
material produced by 'JYG Elevated Photography' cannot
be used by a third party for marketing a business
similar to that undertaken by 'JYG Elevated
Photography'.
7 - Liabilities
'JYG Elevated Photography' endeavours to carry out the
commission as stated in the agreed brief. Whether the
commission is or is not completed, 'JYG Elevated
Photography' shall be limited to the fees agreed in
the quotation for the specific commission, not any
resulting losses or damages. Weather plays a major
part in any photographic commission and is a factor
that is difficult to forecast accurately. 'JYG
Elevated Photography' will liaise with the client a
day or 2 before the commission to establish the
overall forecast for the agreed date. The commission
can be cancelled due to weather forecasts up to 24
hours before the agreed time, however if both parties
agree to go ahead with the commission with under 24
hours to go, the client must pay 80% of the invoice
value despite the weather conditions at the time of
the commission. In any circumstances where the client
is not satisfied with the photographic quality or
services provided, 'JYG Elevated Photography' will
have the the final say in the arrangement of a
satisfactory outcome. 'JYG Elevated Photography' will
not be liable for any financial refund but will, at
its discretion redo the commission.
