Bryn Gerard Photography Terms & Conditions
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Terms & Conditions
1. Definitions
a) “Bryn Gerard Photography” means Bryn Gerard as an individual Sole
Trader
b) “The Client” means the party purchasing the goods or services from
Bryn Gerard Photography.
c) “Goods and services” means any photographic services and/or goods
(including electronic digital data images) supplied by Bryn Gerard
Photography.
d) “Contract” means any contract between The Client and Bryn Gerard
Photography for the supply of goods and services
2. Formation of Contract; exclusion of other terms
a) The client’s written or verbal confirmation that it wishes Bryn
Gerard Photography to supply the goods and services will result in the
formation of a binding contract on these terms.
b) Unless otherwise agreed in writing by Bryn Gerard Photography, all
Contracts will be on these terms to the exclusion of all other terms,
including those proposed by The Client.
3. Fees, Expenses and Cancellations
a) All fees quoted by Bryn Gerard Photography are exclusive of Value
Added Tax. Value Added Tax is not applicable to any goods or services
supplied by Bryn Gerard Photography.
b) Unless otherwise stated at the time of quotation, any fee quoted by
Bryn Gerard Photography is exclusive of Bryn Gerard Photography’s
charge for expenses incurred in Supplying the Goods and Services. The
client will pay such charge in addition to the fee. Such expenses may
include, but will not be limited to, travelling, raw materials,
post-production, delivery, accommodation and subsistence.
c) Bryn Gerard Photography may quote fees as an hourly, daily or half
daily rate or as a rate specific to the contract in question. Any fees
quoted by Bryn Gerard Photography as a daily rate is on the basis of an
eight hour day.
d) Bryn Gerard Photography reserves the right to exceed any fee quoted
if either:
i. Bryn Gerard Photography agrees to supply the goods and
services on a different date or at a different time than originally
agreed with the client.; or
ii. Any additional goods and services or variations to the services are
required by the client of which Bryn Gerard Photography was not aware
at the time of quotation.
iii. If, as a result of any unforeseen circumstances outwith the
control of Bryn Gerard Photography, the contract takes longer to
perform than originally anticipated at the date of quotation, Bryn
Gerard Photography reserves the right to charge an additional rate in
line with the 50% of the standard hourly rate until the contract has
been completed. Bryn Gerard Photography will be reasonable and flexible
with regard to overtime but does reserve the right to charge at it’s
discretion in line with the above. (Hourly and daily rates available on
website http://www.bryngerard/photography.html)
e) If the client cancels the contract:
i. More than four weeks before Bryn Gerard Photography was due to begin
supplying the goods and services, the client will, at the discretion of
Bryn Gerard Photography, pay twenty five percent (25%) of the fee
quoted.
ii. Less than four weeks, but more than one week before Bryn Gerard
Photography was due to begin supplying the goods and services, the
client will, at the discretion of Bryn Gerard Photography, pay fifty
percent (50%) of the fee quoted.
iii. Less than one week before Bryn Gerard Photography was due to begin
supplying the goods and services, the client will, at the discretion of
Bryn Gerard Photography pay one hundred percent (100%) of the fee
quoted.
In each case, the client will also pay Bryn Gerard Photography’s charge
for any expenses relating to the contract incurred before the date of
cancellation.
4. Deadlines
Bryn Gerard Photography will use their reasonable endeavours to meet
any deadlines agreed with the client for the supply of the goods and
services, but time shall not be of the essence. Consequently, the
client will not be entitled to terminate the contract or treat it as
discharged if Bryn Gerard Photography fails to meet a deadline agreed
with the client.
5. Payment; Acceptance
a) Unless otherwise stated, the client will settle Bryn Gerard
Photography’s invoices within 30 days of the date of the invoice. Once
settled all payments are non-refundable.
b) If payment is not received by Bryn Gerard Photography in full by the
date due, Bryn Gerard Photography may, without prejudice to any other
rights Bryn Gerard Photography may have:
i. Charge interest on the outstanding amount at the rate of three
percent above the base rate (both before and after judgement); and/or
ii. Suspend their work under any Contract.
c) The client will be deemed to have accepted the goods and services
and the related invoice, unless The Client notifies Bryn Gerard
Photography in writing within seven days of the date of the invoice.
6. Copyright; ownership
a) All copyright arising in any photographic works produced by Bryn
Gerard Photography, including copyright in any photographic works
comprised of digital data images, will always be owned by Bryn Gerard
Photography. Subject to The Client paying Bryn Gerard Photography's
fees and any other charges and complying fully with the terms of the
Contract, ownership of all prints and Digital Files (but not ownership
of the copyright in the photographic works or of any negatives or
transparencies) will pass to The Client on delivery and Bryn Gerard
Photography will grant The Client a licence to use, reproduce and
publish copyright works produced by Bryn Gerard Photography for The
Client under the Contract in such a manner and for such purposes as The
Client and Bryn Gerard Photography have agreed. In the absence of such
agreement, The Client shall not use, reproduce or publish the copyright
works, copies of the prints or any Digital Files without the prior
written permission of Bryn Gerard Photography, neither shall The Client
send or transfer the copyright works, copies of the prints or any
Digital Files to others or permit others to use, reproduce or publish
them. Ownership of all negatives and transparencies will always remain
with Bryn Gerard Photography
b) The Client acknowledges Bryn Gerard Photography's right (as the
owner of the copyright in all copyright works produced by Bryn Gerard
Photography for The Client under the Contract) to use, reproduce, sell
and publish all such copyright works for the purposes of their own
portfolio or for other promotional or commercial purposes.
7. Limitation of liability
a) Bryn Gerard Photography will use all reasonable skill and care in
supplying the Goods and Services.
b) In respect of Goods and Services provided to The Client
electronically, Bryn Gerard Photography shall have no liability arising
out of:
i. the colour accuracy of electronic digital data images downloaded or
reproduced from digital files; The Client shall be responsible for
checking and approving of the quality of all digital data images/
photographs provided by Bryn Gerard Photography prior to printing;
ii. corruption, distortion, partial or total loss of electronic digital
data images from digital files provided by Bryn Gerard Photography; The
Client recognises and understands that according to the current status
of technological development, error-free use of hardware, software and
other user interfaces cannot be guaranteed;
iii. degeneration of stored electronic digital data image quality,
partial loss of stored electronic digital data image quality or total
loss of electronic digital data images stored on digital files;
iv. electronic computer viruses introduced to The Client's hardware,
software or other user interfaces by digital files provided by Bryn
Gerard Photography; The Client shall be responsible for ensuring that
no electronic computer virus is transmitted to any computer, hardware,
software, website, network or other user interface and Bryn Gerard
Photography shall have no liability whatsoever.
c) Subject to 7(e) below, Bryn Gerard Photography will not be liable
for any consequential, indirect or economic loss (including, without
limitation, loss of profits, opportunity or bargain), whether arising
from breach of the Contract, any tortuous act or omission (including,
without limitation, negligence) or breach of any statutory duty.
d) Subject to 7 (e) below, the liability of Bryn Gerard Photography for
any direct loss. whether arising from breach of the Contract, any
tortuous act or omission (including, without limitation, negligence) or
breach of any statutory duty shall be limited to Bryn Gerard
Photography's fee for the Services and Goods in relation to which such
loss arises; Bryn Gerard Photography shall have no liability to
re-shoot or otherwise provide any further Services and Goods.
e) Nothing in these terms shall exclude, limit or be deemed to exclude
or limit Bryn Gerard Photography's liability for death or personal
injury caused by their negligence or the negligence of those for whom
Bryn Gerard Photography is responsible.
f) All warranties, conditions or other terms implied by statute
or common law are excluded to the fullest extent permitted by law.
Except in the case of death or personal injury caused by Bryn Gerard
Photography's negligence, or the negligence of those for whom Bryn
Gerard Photography is responsible, Bryn Gerard Photography will not be
liable to the Customer by reason of any representation, implied
warranty, condition or other term, any duty or common law under the
express terms of the contract, for any consequential loss or damage
(whether for loss of profit or otherwise), costs, expenses or other
claims for consequential compensation whatsoever (whether caused by
Bryn Gerard Photography's negligence or otherwise) which arises out of,
or in connection with the Goods or Services.
The terms and provisions of their contract are in addition to all Bryn
Gerard Photography's rights of general law, none of which shall be
limited, in any way whatsoever. Failure, on Bryn Gerard Photography's
part, to exercise, or any delay in exercising, any of Bryn Gerard
Photography's rights shall not be deemed to be a variation of their or
any subsequent contract, nor shall they adversely affects those rights
in any way whatsoever.
If any provision of their agreement shall be found by any court or
administrative body of competent jurisdiction to be invalid or
unenforceable, the invalidity or unenforceability of such provisions
shall not affect the other provisions of their agreement and all
provisions not affected by such invalidity or unenforceability shall
remain in full force and effect. The parties thereby agree to attempt
to substitute for any invalid or unenforceable provision a valid or
enforceable provision which achieves. to the greatest extent possible,
the economic, legal and commercial objectives of the invalid or
unenforceable provision.
8. Permissions, consents and authorisations
a) The Client confirms and undertakes to Bryn Gerard Photography that
The Client has obtained all permissions, consents and authorisations
necessary for Bryn Gerard Photography to supply the Services and Goods,
including, without limitation:
i. consent to be photographed from all models, guests or other
individuals whom Bryn Gerard Photography may photograph:
ii. permission to take photographs of or at the relevant venue; and
iii. authorisation to photograph and reproduce any copyright works,
design right works and trademarks which Bryn Gerard Photography may
photograph.
b) The Client thereby undertakes to indemnify and keep indemnified Bryn
Gerard Photography against all claims. actions, losses, damages, costs
and expenses (including, without limitation, reasonable legal costs and
expenses) suffered or incurred by Bryn Gerard Photography as a result
of any breach by The Client of 8(a) above
9. Force Majeure
a) Bryn Gerard Photography will be released from their obligations
under the Contract to the extent that their performance thereof is
delayed, hindered or prevented by circumstances which are not within
their reasonable control. including, without limitation. acts or
restraints of governments or public authorities, riot or civil
commotion, strikes, failure of supplies of power, fuel, transport,
equipment or other goods or services, vandalism or criminal damage and
explosion, fire, flood or natural disaster, or their ability to
effectively attend at a shoot or process photographs by reason of
illness or mental or physical incapacity, whether of themselves or
their representatives.
b) Without limiting 9(a) above, Bryn Gerard Photography will use all
reasonable skill and care in selecting reputable photographic
laboratories to process and store negatives, transparencies and prints
and in storing negatives, transparencies and prints but Bryn Gerard
Photography shall not be liable for any damage or loss resulting from
circumstances which are not within their control, whether or not
referred to in Clause 9(a) above
c) Without limiting 9(a) above, Bryn Gerard Photography will use all
reasonable skill and care in selecting reputable digital storage
devices to store digital negatives but Bryn Gerard Photography shall
not be liable for any damage or loss resulting from circumstances which
are not within their control, whether or not referred to in Clause 9(a)
above.
10. Delivery
Bryn Gerard Photography will deliver the digital images, finished
pictures or negatives to such premises within the United Kingdom as The
Client specifies. Risk in the pictures passes on arrival at those
premises If The Client collects the Goods, risk passes on them
passing out of Bryn Gerard Photography's control Bryn Gerard
Photography selects the method of delivery.
11. Governing law
The Contract will be governed by the laws of England and Wales. The
Client and Bryn Gerard Photography irrevocably submit to the
jurisdiction of the Courts of England and Wales.