Our Term's and Condition's
Area of application
For the purpose of these Terms and Conditions the following definitions will apply:
When you commission FotoGraffi Agency to photograph an assignment for you (for example by booking and paying the pro-forma invoice), you are agreeing by default to the following basic terms of business. Additional clauses may be included in your own contract, subject to the requirements of your photo shoot. Photographer – With reference to these terms and condition is solely FotoGraffi Agency Limited.
Client or Customer - is the person/s or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party).
Photographs means all photographic material supplied by FotoGraffi Agency, this includes transparencies, negatives, prints, digital files, digital scan, digital image, design, artwork, montage or any other item which may be supplied for the purposes of reproduction.
1) These General Terms and Conditions are applicable for all orders, quotes, deliveries and services provided by the photographer and/or his/her agent. They are applicable for each stage of creative development and in particular for digitally produced photographs.
2) They are considered as agreed to by the customer’s acceptance of the photographer’s quote, payment of invoice and/or by the customer’s acceptance of the photographer’s delivery or service.
3) Within the context of an ongoing business relationship, the General Terms and Conditions are applicable, even without explicit approval, to all future orders, quotes, deliveries or services of FotoGraffi Agency Limited. Services rendered by the photographer, customer’s rights and duties.
4) Without other agreement between the parties, the creative presentation of the photographic works is at the discretion of FotoGraffi Agency Limited.
5) The photographer is responsible for supplying cameras and other equipment necessary for carrying out the assignment.
6) To carry out the photographic works, FotoGraffi Agency Limited and/or his/her agent may appoint auxiliary staff of his/her choice (assistants, make-up artists, stylists, etc.). The cost of such auxiliary staff will be passed to the client.
7) The customer acknowledges that the photographic images supplied by FotoGraffi Agency Limited constitute copyright material. FotoGraffi Agency Limited retains the entire copyright in the photographs at all times throughout the world. By placing an order with FotoGraffi Agency, Client gives their approval for FotoGraffi Agency to use any/all images and Client name/logo, in the promotion (electronic and otherwise) of FotoGraffi Agency on condition images are not resold. In the UK, copyright exists automatically in all original works and are protected by the 'Copyright, Design & Patents Act, 1988'.
8) Design suggestions or concepts ordered by the customer are independent services, which must be remunerated separately.
9) Analogically and digitally produced photographs, in particular RAW files remain the property of the photographer. The customer has no right of retention of supplied photographic images.
10) The customer shall treat photographic images made available to him/her with utmost care.
11) Complaints concerning the content, quality, or condition of the photographic images are to be communicated by notice of defects within 24 hours of upload of images to DropBox or delivery by email. Otherwise, the photographic images are considered approved. If Client does not 'approve', FotoGraffi Agency will have no less than 3 (three) opportunities to re-shoot or re-process the order to meet Client approval. If the Client is still not satisfield, upon receiving a detailed explanantion (in writing) of the reason each image is not acceptable and proof that none of the supplied images have been used (on the web, social media, email, promotion or print), FotoGraffi Agency will (at its discretion) issue a full or part refund, depending on circumstances. If a model studio shoot, after 3 opportunities to re-shoot and/or re-touch is still deemed unacceptable by Client, refund will be limited to the total invoice cost minus overhead costs of studio, model and stylists only.
12) The customer is responsible for ensuring that persons, objects and locations necessary for carrying out the order are available and/or accessible.
13) The customer will be held liable for costs incurred and third party costs if the customer does not fulfill the obligations (as stated in point 12) or postpones a photo shoot less than one working day prior to the appointment. In addition, the photographer has the right to claim compensation of 100% of the fee agreed on for the photo shoot.
14) It is not the responsibility of the photographer to obtain the approval (model release) of persons to be photographed nor of legitimate persons on location (location release) concerning the planned usage of the photographic images, if the customer has designated the persons or locations that are to be photographed.
15) The customer agrees, upon placing a booking, they are authorising FotoGraffi Agency Limited to use their name and/or logo on marketing collateral and/or the FotoGraffi Agency Limited website under the 'Clients' section, regardless of if/when the actual shoot takes place. The photographer may also name the customer as a reference in written or electronic (Internet) form.
16) With delivery and payment of the works, the customer acquires a license for use of the photographic works within the agreed scope. Not included herein is a sub-licensing to third parties by the customer.
17) Provided the brief has been supplied and fulfilled there is no right to reject on the basis of style or composition.
18) Cancellation and Postponement. A booking is considered firm as from the date of confirmation of shoot slot. FotoGraffi Agency Limited will, at their discretion, charge a fee for cancellation or postponement if given more than 48 hours notice. If <48 hours notice is given, the pre-payment of the booking will be non-refundable, as this time has already been allocated to the client and there isn't sufficient time to re-allocate for another clients' shoot. If the client gives <48 hours written notice for postponement or cancellation, they will also lose their shoot booking.
19) The photographer can use the photographic images for his/her own advertising.
20) Modifications to the photographic images by analogue or digital composing and/or montage for the production of a new copyright product are only authorised with FotoGraffi Agency Limited’s prior written consent. If images are altered in any way, no reference to FotoGraffi Agency Limited should be made
21) The photographic images may not be copied or photographed as a replicate or used as a motif in a picture.
22) If the work is used, the customer shall, as far as customary, ensure appropriate names are given.
23) If the photographic images are used by the photographer for his/her own purposes or for licensing to third parties, the photographer guarantees that the depiction of persons, objects or locations does not infringe any rights of third parties.
24) FotoGraffi Agency Limited is only liable for intentional and/or grossly negligent behaviour. This also applies to liability for defects.
25) The limitation of liability (according to point 24) also applies to the behaviour of employees and auxiliary staff of FotoGraffi Agency Limited.
26) In case of dispute, the customer bears the court costs and assumes claims for damages against FotoGraffi Agency Limited by third parties who (in accordance with point 14) have authorised the customer to use the photographic images.
27) The photographic images may not be used in a distorting manner. The customer also bears the responsibility for the correct labelling of the photographic images.
28) The remuneration agreed on between the parties, plus VAT, is owed and payable prior to work commencing. If the invoice is not paid in full, within 7 days unless stated otherwise in the initial invoice, FotoGraffi Agency Limited reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 & Late Payment of Commercial Debts Regulations 2002 from the date payment was due until the date payment is made. If the invoice is not paid in full within 14 days, FotoGraffi Agency Limited reserve the right to take any/all necessary steps to recover the invoice total, including VAT, as compensation for the cancelled photo shoot. FotoGraffi Agency reserve the right to sell on debt for outstanding invoices to a third party at any time.
29) Costs and expenses for the execution of the job, such as for example remuneration for auxiliary staffs and models as well as rental fees for equipment, rental costs for studios, photo shoot locations, props, travel expenses, allowances, etc, are not included in the remuneration and will be charged to the customer.
30) FotoGraffi Agency Limited reserve the right, on non/outstanding payment of customer invoice, to cancel the agreed photo shoot and retain any/all goods supplied for the photo shoot until the invoice is paid in full. FotoGraffi Agency Limited reserve the right to revoke image rights from any/ all current or historical orders, should a client have any invoice outstanding on their account.
31) Images delivered to the client, after full payment has been received, will carry full, unlimited usage rights assigned to the client. The client receives no image usage rights until such invoices are paid in full. After payment, the client is authorised to use the images in any manner seemed fit, without limitation.
32) For digital productions, a flat-rate camera fee is payable. This is not identical to the costs for image processing and is calculated according to the size and scope of the equipment used.
33) The remuneration (according to point 28) must be paid in full even if the ordered and delivered photographic images are not used.
34) For delivery of photographic images from the photographer’s archive, an archive utilisation fee of £25 maybe applicable.
35) The sole place of jurisdiction and place of performance is the photographer’s place of residence and/or place of business, even for deliveries abroad. Substantive UK law is applicable to this contractual relationship. Imperative jurisdictions remain reserved.
36) Client images will be uploaded to a client folder within DropBox. The client has 30 days from the day the invitation is accepted, to COPY their images out of their DropBox folder to their local PC. Please DO NOT 'MOVE' THEM as these are the only copies of the finished images. If a client requires access to their images AFTER the initial 30 day period, there is an administration charge of £25+VAT payable in advance. This cost covers the time required to pull your images from our remote data archiving facility and re-upload them to a DropBox folder.
37) When Client orders an 'existing images' clipping service, FotoGraffi Agency Limited will not be held responsible for image quality, as images were not photographed by us. This includes out of focus, incorrectly exposed, etc type issues. This service (unless otherwise stated) includes 'basic retouching', which means basic levels and colour adjustments, removal of large imperfections (such as stray hairs, etc). Basic retouch does not include removal and retouching of piece/product imperfections, such as scratches, tarnishes, etc. Level 2 retouch does include the retouching of these elements and is available at an additional cost as per our pricing page.
38) When a photoshoot is booked, we work to a set time scale for the client. This includes feedback and approval of uploaded contact sheet(s). If we do not receive this feedback within 48 hours (<50 images) or 72 hours (>50 images) of uploading the contact sheet(s), it may be the case that you have missed your deadline for the scheduled turn around of images with retouching. In such a case, your retouching will be allocated the next available slot.
39) Shipping of items back to the client will be chargeable. An invoice will be raised for either Royal Mail Special Delivery, or Courier 'signed for' delivery. Our usual shipping method is by RM Special Delivery (pre 1pm). If return shipping is required by any other method, the client must state this during booking. We will not ship on a Friday (over weekend transit).
40) If a (new) client books two (2) separate photoshoots / existing image slots but does not pay / complete them, we will no longer accept bookings from that client.
41) FotoGraffi Agency Limited will not be held responsible / liable for any loss during transit by Royal Mail (or courier). We return by Royal Mail Special Delivery with insurance cover of £500 total, unless otherwise stated (due to size or weight or destination or timing of shipment)
42) Final image delivery will always be 72 hours (for exsiting image orders) or 5 working days from the day after contact sheet approval (for product photoshoots). If images are required sooner, this must be stipulated on booking and agreed in writing by FotoGraffi Agency Limited.
43) FotoGraffi Agency Limited require a shoot / retouch brief for every booking. If none is supplied, the client unconditionally accepts FotoGraffi Agency will deliver such images in our standard methods / angles. No refunds / reshoots will be given when the client does not supply a brief.
44) FotoGraffi Agency Limited will not, under any circumstances, supply RAW/NEF files from a product / model photoshoot
45) By placing a paid booking, the client is deemed to have read and agrees to all the above terms and conditions.