PHOTOGRAPHY AND/OR VIDEOGRAPHY BOOKING AGREEMENT
Purpose of the Agreement
Client wishes to hire Lel Burnett, hereafter referred to as “Photographer” to provide photography and editing services relating to Client’s booking as detailed in this Agreement. Photographer has agreed to provide such services according to the terms of this Agreement.
Booking reservation: An initial payment of 50% total fee is required to reserve the dates and times of the Photoshoot, with the remaining 50% to be made at latest before shooting commences on the day of shooting. This payment is a confirmation that all terms and conditions listed on this page have been read and agreed to by The Client.
A print contract is available upon request but must be requested before initial payment is made. This is a general agreement, if any specifics are required they should be made known to photographer before booking so they may be included in a custom contract, noted on invoice, or both.
Services
Photographer shall provide Client with the following services and/or products ("Services", ‘’Products’’): photographing and/or videography, editing, and delivery.
Cost, fees and payments schedule
Total cost. The total cost for all Services is found only on your personal invoice and it’s due in full by date of shoot, before shooting commences. Total cost contains a deposit already paid by The Client at the time of booking and/or signing this Agreement. Invoice is always provided via the established Communication Method containing the Services cost breakdown, such as cost of services, props, agreed travel cost, etc.
Deposit. The first payment is a non-refundable deposit of 50% total shoot cost that is required to book Photographer’s Service stated in this Agreement. At a minimum, Client agrees that this fee fairly compensates Photographer for committing to provide the Services and turning down other potential projects/clients.
Payment method. Client shall pay the total cost to Photographer via bank transfer: details attached in invoice.
Delayed Payment.
For any delay in full payment a late payment fee will be applied as 10% of the total cost of the booking for every unpaid delay day. An additional Invoice will be sent and has to be compensated within 7 days.
Additional Fees. When applicable, The Client is responsible for all travel, accommodation, meal and transport costs unless provided by The Client and it is subject to additional written communication and agreement.
Additional responsibilities. The Client agrees to provide a meal and 30 minutes break for the Photographer if the shooting time at the event is or exceeds four hours.
Cooperation
The Clients and the Photographer consent to happily cooperating and communicating with each other to achieve the best possible result within the understanding of this Agreement. The Client also agrees to give the Photographer sufficient warning of key events to give the Photographer time to prepare e.g. cutting the cake, speeches, special performances, special lighting conditions, etc.
Intellectual Property / Copyright Ownership.
Any copyrighted work(s) are created as a result of the Services provided by Photographer in accordance with this Agreement, such as images or video work (‘’Product(s)’’), Photographer owns all copyrights in any and all Product(s) it creates or produces pursuant according to the United Kingdom’s Copyright, Designs and Patents Act 1988 (with any later changes) whether registered or unregistered. Any and all Products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Photographer and may be used in the course of Photographer business.
Licence for the Copyright Work for the Client
Upon signing this Agreement via print contract or via fulfilling the final payment by the Client, the Client is granted limited license to use and or display resulting Product(s) as outlined in the Permitted Uses of Product(s) below in this Agreement. Said images may not be altered or used in any manner outside what is prescribed in this Agreement without prior written permission of the Photographer. The Client or any other Third Party must obtain written permission from and compensate the Photographer prior to the Client, its associates, friends or relatives re-distributing or selling the photographs for any reason not prescribed here.
Permitted Uses of Product(s).
Photographer grants to the Client a non-exclusive, non-transferable, perpetual, commercial use licence to reproduce Product(s) for commercial and non-commercial use stated below:
Commercial use includes, but is not limited to, use within the following contexts:
As a part of the Client’s branding and visual identity and all related organic and promotional materials that may be used by the Client to gain profit off their services;
As content on Client’s business website, online shop and social media pages or profiles; including incorporating it into different types of work, such as graphic designing, video work, collage, etc.
In advertising creations, such as paid advertising or marketing materials as a part of Client’s promotional work designed to promote Client’s business and services.
In business communications, such as newsletters or emails or portfolios to showcase Client’s best assets.
Images therefore can be altered in such ways as: re-cropping, resizing and adding other visuals elements on top of the image in a form of graphic design.
Personal use (non commercial) includes but is not limited to, use within the following contexts:
As content on Client’s personal social media pages or profiles; also to use as organic content on social media;
In personal creations, such as a scrapbooks or personal gifts, where no kind of trade is happening; or
In personal communications, such as a family newsletter or email or holiday card.
Product(s) therefore can be altered only as: re-cropping and resizing.
Prohibited use of Product(s) includes and is not limited to:
Resell, relicense, sub-license, redistribute without express written permission from the Photographer to any Third Parties not mentioned in this Agreement;
In a Personal Use: altering the Product(s) by putting additional filters on it or changing its colour structure;
Using the Product(s) for promoting a Third Party business and its services/products as its harmful to The Client, especially in association with competitors logos or trademarks.
Model release. Any hired or portrayed person on the photograph or video work is named a Subject. The Client is responsible for obtaining the permission from the Subject(s) to be photographed and the Photographer assumes that The Client did so while providing its Service. The Client’s & Subject(s) hereby grant to the Photographer, the irrevocable and unrestricted right to use and publish photographs of the Client or in which the Client may be included for the promotion of its business and services, including editorial, trade, advertising and any other purpose and in any manner and medium.
Third party licensing. Licence provided in this Agreement by a Photographer is only for Client’s business itself, therefore any Third Party that wishes to use Photographer’s work created upon this Agreement to directly profit of Photographer’s work, but has not been granted a licence upon this Agreement, is subjected to purchase an additional licence from the Photographer directly. Failure in doing so may result in further copyright legal claim to the Third Party by the Photographer, the Copyright Owner.
Additional licence. Additional licence is a subject of each individual arrangement made by Photographer and a Third Party that is not stated as a Party of this Agreement.
Artistic Release
Style. Client has spent a satisfactory amount of time reviewing Photographer’s work and has a reasonable expectation that Photographer will perform the Services in a similar manner and style unless otherwise specified in this Agreement.
Consistency. Photographer will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Photographer current portfolio and Photographer will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:
Every Client and Services provided by a Photographer are different, with different tastes, budgets, and needs;
The Photographer is limited by the guidelines of the location, event or venue or reception site management; in addition every venue and every studio provides different lighting conditions, therefore Photographer’s will use its best judgment and experience photographing under each conditions to provide best results;
Photography services are often a subjective art and Photographer has a unique vision, with an ever-evolving style and technique;
Photographer will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;
Although Photographer will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Photographer shall have final say regarding the aesthetic judgment and artistic quality of the Services;
Dissatisfaction with Photographer’s aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned. However, Photographer will take any action to provide the best outcome of the Product(s) produced.
Limit of Liability
Maximum Damages. Client agrees that the maximum amount of damages they are entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the total cost of Services provided by Photographer.
Loss of Product. In the event that any or all Product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Photographer shall refund Client a pro-rated portion of the total cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.
Indemnification. Client agrees to indemnify, defend and hold harmless Photographer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Photographer provides to Client.
Cancellation, rescheduling and No-Shows
Cancellation, Rescheduling of Services or No-Show Client. If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Photographer to render Services due to the fault of the Client or parties related to Client, such as failure of one or more essential parties to show up in a timely manner, Client shall provide notice to Photographer as soon as possible via communication method agreed detailed in this Agreement. Photographer has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for Photographer to provide the Services due to the fault of Client (or parties related to Client), and Photographer will not be obligated to refund any monies Client has previously paid towards the total cost. Client is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to show up for the event(s), or should it become impossible for Photographer to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing. For instance, if Photographer is able to secure another, unrelated client for the time of this photoshoot, then Photographer may choose, at its sole discretion, to excuse all (or a portion of) Client's outstanding balance of the total cost.
Impossibility
Force Majeure. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s control, including, but not limited to, the following force majeure events: (a) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (b) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (c) government order or law; (d) actions, embargoes or blockades in effect on or after the date of this Agreement; (e) action by any governmental authority; (f) national or regional emergency; (g) strikes, labour stoppages or slowdowns or other industrial disturbances; and (h) shortage of adequate power or transportation facilities.
Failure to Perform Services. In the event Photographer cannot or will not perform their obligations in any or all parts of this Agreement, they (or a responsible party) will:
Immediately give notice to Client via the communication method detailed in this Agreement; and
Attempt to find another competent professional to take its place with the mutual agreement of Client(s);
If another competent professional is not available or Client(s) do not agree to transfer of obligations to said alternate professional, Photographer will issue a partial refund or credit based on a reasonably accurate percentage of services rendered; and
Excuse Client(s) of any further performance and/or payment obligations in this Agreement.
Appropriate Conduct, Safe Working Environment
Health & Safety. The Client(s) expressly agree(s) to take best efforts to provide Photographer and any Photographer’s third parties assisting with safe and appropriate working conditions. In the event of circumstances deemed by either Photographer or a bystander to present a threat or implied threat of injury or harm to Photographer or its assistants or equipment, the Photographer reserves the right to cancel all services remaining under this Agreement and leave the photoshoot.
Client(s) further understand that Photographer complies with all health and safety laws, directives, and rules and regulations. Client(s) expressly agree(s) that during providing a Service, the Client(s) and Client(s)’ staff, etc. shall not carry weapons or firearms, be exposed to severe illness, or request the Photographer to do anything illegal or unsafe. Further, Photographer will not provide services in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. Under any of these circumstances, Photographer reserves the right to end service coverage immediately and/or leave the photoshoot. Photographer shall be entitled to retain all monies paid and Client(s) agree to relieve and hold Photographer harmless as a result of incomplete event coverage, or for a lapse in the quality of the Photographer work.
Governing provisions
Governing Law. This Agreement is governed by the laws in the United Kingdom.
Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.
Agreed Method of Communication. Parties shall provide effective communication and notice to each other via the following method: by email and telephone in Contact details stated in Parties section above in this Agreement.
Merger. This Agreement constitutes the final, exclusive agreement between the parties relating to the Photographer’s Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.
Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice
Confidentiality agreement. Photographer agrees that the Confidential Information is to be considered confidential and proprietary to Client and shall not use the Confidential Information other than for the purposes of its business with the Client, and shall disclose it only to its employees or assistants that are involved with producing the images/videos for the Client with a specific need to know.
By signing this Agreement and/or making and receiving payment, both the Photographer and the Client agree with all the policies stated above.