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Elevated Photography in the Algarve  

 

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Commission 'Terms & Conditions'

This page contains details of what 'JYG Elevated Photography' intend to do once employed by you (hereafter referred to as 'the client') to undertake a Commission, and the 'Terms & Conditions' the client must agree to before the Commission is undertaken:

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.

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