These Terms and Conditions govern the provision of the Photographer’s services and form the basis of the Agreement between the Client(s) and the Photographer. Under this Agreement, the Photographer will deliver the agreed photographic services and the Client(s) will remunerate the Photographer in accordance with the terms set forth herein. It is essential that you read these Terms and Conditions carefully before booking the Photographer’s services, as they establish the legal framework and obligations of both parties.

 

Terms and Conditions

  1. Application of Terms:

    • These terms and conditions ("Terms") shall apply to all contracts between Robby Dee Photography ("the Photographer") and the client ("the Client"), to the exclusion of any other terms proposed by the Client unless explicitly agreed in writing by the Photographer.
  2. Management:

    • Robby Dee Photography is managed by Me and You Event Group ("the Management").
  3. Copyright and Attribution:

    • The Photographer retains full and exclusive copyright in all images captured, in accordance with the Copyright, Designs and Patents Act 1988. The Photographer asserts the right to be identified as the author of all images, which should be attributed with the statement: "Photographs by Robby Dee Photography."
  4. Usage Rights and Exclusivity:

    • The Client is granted an exclusive period to publish the photographs, as agreed in the commission. However, the Photographer reserves the right to use the images for advertising, promotional purposes, or portfolio display at any time. Following the exclusivity period, the Photographer may license the images for any purpose unless otherwise agreed in writing. Editorial works may be offered to third parties post the initial publication, subject to prior agreement.
  5. Licensing and Reproduction:

    • Unless specified in a separate license agreement: (a) The Client is licensed to use commissioned photographs for marketing, PR, and editorial purposes (excluding advertising unless specified) indefinitely, on behalf of the original commissioning entity. (b) Publication of photographs for publicity by entities other than the original commissioning entity will incur a reproduction fee payable to the Photographer. (c) The Photographer retains full copyright in all images at all times worldwide.
  6. Confidentiality:

    • The Photographer shall maintain the confidentiality of all information communicated in confidence and will not disclose such information to third parties, except as necessary to fulfill the commission or as required by law.
  7. Data Protection:

    • The Photographer complies with the Data Protection Act and GDPR principles as outlined on the ICO (Information Commissioner’s Office) website. Personal data is handled in accordance with these regulations, ensuring confidentiality and security.
  8. Client Responsibilities:

    • The Client is responsible for obtaining all necessary permissions and clearances for the photographs, including parental consent for subjects under 16 years of age. The Client must ensure all legal requirements regarding trademarks and copyrights are met. The Photographer is not liable for any legal issues arising from the Client's failure to obtain such permissions.
  9. Payment Terms:

    • Payment Due Date: Payment for the commissioned work is due within 30 days of the invoice date unless a different period is specified on the invoice or in the agreement contract.

    • Late Payment: If payment is not received by the due date, interest will be charged at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998, calculated from the due date until payment is made in full. In addition, a further charge of 5% above the prevailing HSBC bank rate will be added to the invoice starting from the first day after the payment due date.
    • Debt Recovery: Additional charges may apply for any statements, letters (including emails, faxes, etc.) issued in relation to the recovery of the outstanding debt, with a minimum fee of £15.50 plus VAT per communication. All costs incurred in recovering the debt, including bank charges, will also be the responsibility of the client. If the client is a company, the individual directors will be held personally responsible for all outstanding fees and costs, even if the company enters liquidation.

    • Legal and beneficial ownership of all photographs shall remain with Robby Dee Photography until full payment of all amounts due, including any applicable late fees and interest, has been received by the Photographer. The Photographer reserves the right to withhold delivery of any images until payment has been fully cleared.
    • Photographs will be accessible only through the client's secure access account until full payment has been received, unless otherwise agreed in the client's contract.
  10. Alterations and Extra Expenses:

    • Any additional expenses or time incurred due to changes to the original brief by the Client will require prior approval and will be charged at the Photographer’s standard rates, in addition to the agreed fees.
  11. Image Availability:

    • A minimum of 300 fully edited high-resolution images will be supplied to be viewed in a password-protected gallery. Images will be available for viewing or download from this secure client gallery for 6 months from the commission date. Extensions can be arranged by agreement.
  12. Rejection Policy:

    • Unless a rejection fee has been agreed upon in advance, the Client does not have the right to reject images based on style or composition.
  13. Force Majeure (Covid-19 Clause):

    • The Photographer is not liable for cancellations or postponements due to regional or national lockdowns, or self-isolation requirements related to Covid-19.
  14. Cancellation and Postponement Fees:

    • A booking is considered firm upon confirmation. The Photographer reserves the right to charge cancellation or postponement fees as follows:
      • 10 working days: 25% of the fee
      • 5 working days: 50% of the fee
      • 48 hours: 75% of the fee
      • 24 hours or less: 100% of the fee
  15. Governing Law:

    • This agreement is governed by the laws of England and Wales.
  16. Amendments:

    • These Terms may only be varied by mutual written agreement between the Photographer and the Client.