REBECCA CRESTA PHOTOGRAPHY - TERMS & CONDITIONS
·"The Photographer" - Rebecca Cresta, trading as Rebecca Cresta Photography.
·"The Client" - any person, body of persons, firm or company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.
·“Images” - any images created and supplied by the Photographer, whether they’re photographs, prints, artwork or graphics in either physical or digital format.
FEES AND EXPENSES
All prices quoted to the Client apply only to the original brief for the job in question, given to the Photographer by the Client. The Photographer reserves the right to make additional charges for fees and expenses should the brief differ or change before or during the assignment. Wherever possible, the Photographer shall endeavour to provide an indication of what these additional charges will be.
Confirmation of booking, either verbal or written, confirms the Client’s acceptance of these terms and conditions. As a result, if a booking is subsequently cancelled or postponed, the Photographer reserves the right to charge the Client a cancellation fee.
In accordance with the Copyright, Designs & Patents Act 1988, the copyright of all Images created by the Photographer is owned by the Photographer at all times, throughout the world.
LICENCE TO USE
A Licence To Use will be granted by the Photographer to the Client and comes into effect from the date of payment of the relevant invoice. No use may be made of the Images before the invoice is settled in full without the express permission of the Photographer. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date. Manipulation of the Images or use of only a portion of Image may only take place with the permission of the Photographer. The Licence To Use covers promotional, editorial and personal use of the Images. For any other use (including the use of Images on t-shirts, album covers - unless already covered in the original agreement), the Client would need to send a written request to the Photographer.
The Photographer retains the right, in all cases, to use the Images in any manner, at any time and in any part of the world for the purposes of advertising or otherwise promoting her work.
The Photographer shall be entitled to use her judgement regarding the style and creative input in the production of Images. The editing process is a large part of the finished product and reflects the artistic style of Rebecca Cresta Photography. Final Images are fully edited before being delivered to the Client. Additional edits are carried out at the discretion of the Photographer, and she reserves the right to charge the Client for additional editing to cover time involved. Raw files are not available for purchase by the client. There is no guarantee that a particular number of proofs will be delivered to the Client. Proofs will be made available for the Client to view and to order the agreed number of images from.
LIABILITY AND INDEMNITY
It is the Client who must satisfy him/herself that all necessary rights or model releases which may be required for reproduction, are obtained and it is acknowledged that the Photographer gives no warranty or undertaking that any such rights or model releases have been or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any picture. In the event that the Image issued or reproduced by or with the authority of the Client does not have the necessary rights, releases or consents, then the Client shall indemnify the Photographer against all expenses, damages, claims, or legal costs arising out of any such failure.
REJECTION OF IMAGES
Unless a rejection fee is agreed in advance, there is no right to reject the Images on the basis of style or composition.
Payment terms are to be agreed at the time of booking. Payment by BACS (bank transfer) is preferred and bank details will be provided on the invoice.
RIGHT TO A PHOTO CREDIT
Terms of the Licence To Use requires that the Photographer’s name ‘Rebecca Cresta’ will be printed on, or in reasonable proximity to, all published reproductions of the Images. Where Images are used on social media the Photographer would need to be tagged as follows Twitter: @rebeccacresta / Instagram: @rebeccacrestaphotos or @rebeccacrestaphotography (for music clients), Facebook: @rebeccacrestaphotography. The Photographer also asserts her statutory and moral right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
ARCHIVING OF IMAGES
All final images will be stored and archived by the Photographer for 1 year. If archived Images are required after that time or additional storage time is required an administration fee may be charged. If the Photographer loses images stored in archive or they are stolen, The Photographer is not liable beyond 1 year of storage. Within 1 year, the Photographer is liable to the cost of the originals (a return of the original fee).
This agreement shall be governed by the laws of England and Wales.
No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.