Terms and Conditions - Bertie Victor

Covid-19 Information

We are open and taking studio and outdoor bookings

Please note that we are continuing to sanitise our equipment regularly, taking preventative measures to enforce reasonable social distancing.

Masks are worn during studio sessions where necessary and safe to do so. We want to make sure that both our own, and all client's safety is paramount. We will not take any chances with the pandemic still ongoing until notified by government advice. 
We have now opened our large studio for headshot and modelling or acting sessions, and are taking every precaution necessary to ensure your safety throughout.

Take care and wash your hands regularly.
Thank you, from Bertie Victor.

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1. DEFINITIONS

For the purpose of this agreement “the Client” and “the Advertiser” shall where the context so admits include their respective assignees, sub-licensees and successors in title. In cases where the Photographer’s client is a direct client (i.e. with no Client or intermediary), all references in this agreement to both “the Client” and “the Advertiser” shall be interpreted as references to the Photographer’s client. “Photographs” means all photographic material created and presented by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material including digital files in multiple formats. This document may be altered at any time.

 

2. COPYRIGHT

The entire copyright in the Photographs is retained by the Photographer at all times. This applies worldwide in all jurisdictions.

 

3. OWNERSHIP OF MATERIALS

Title to all Photographs remains the property of the Photographer unless otherwise agreed in contract.

 

4. USE

The Licence to use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the particular invoice(s) without the Photographer’s express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Client is put into receivership or liquidation. The Licence only applies to the advertiser and product as stated on the front of the form and its benefit shall not be assigned to any third party without the Photographer’s permission. Accordingly, even where any form of ‘all media’ Licence is granted, the photographer’s permission must be obtained before any use of the Photographs for other purposes eg use in relation to another product or sub-licensing through a photo-library. Permission to use the Photographs for purposes outside the terms of the Licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use. Unless otherwise agreed in writing, all further Licences in respect of the Photographs will be subject to these terms and conditions.

 

5. PROMOTIONAL USE

The Photographer retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his/her work. After the exclusivity period indicated in the Licence to Use the Photographer shall be entitled to use the Photographs for any purposes.

 

6. INDEMNITY

The Photographer shall only be responsible for obtaining clearances for third party copyright works, trade marks, designs or other intellectual property if this has been expressly agreed before the shoot. In all other cases the Client shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.

 

7. PAYMENT

Payment by the Client will be expected for the commissioned work within 30 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days. The Photographer reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.

 

8. EXPENSES

Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Client, Agency or Advertiser, or otherwise at their request, the Client shall be liable to pay such extra expenses or fees at the Photographer’s normal rate to the Photographer in addition to the expenses shown overleaf as having been agreed or estimated.

 

9. REJECTION

Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.

 

10. CANCELLATION & POSTPONEMENT

A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a 50% cancellation fee of the final agreed amount for cancellation or postponement.

 

11. STORAGE OF PHOTOGRAPHS

Upon receipt of Photographs, the Client accepts all responsibility for archiving and protecting the photographs. Photographer does not permanently archive image files. The Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read files provided. It is the responsibility of the Client to make sure that digital files are copied to new media as required.

 

12. RIGHT TO A CREDIT

The Photographer asserts the right to be credited as the author of the Photos in accordance with sections 77 and 79 of Copyright, Designs and Patents Act 1988. Any unauthorised reproduction of any Photos will constitute a breach of copyright.

 

13. LIABILITY

Our entire liability for any breach of this Agreement or any representation, act or omission (including negligence) shall be limited to our fee in relation to the Photo Services and we shall not be responsible for any special, indirect or consequential or pure economic loss, costs, damages, charges or expenses. The limitation on liability shall also apply in the event that Photos are lost through equipment malfunction, are lost in the mail or otherwise lost or damaged where the Photographer is not liable.

 

14. APPLICABLE LAW

This agreement shall be governed by the laws of England & Wales.

 

15. VARIATION

If these Terms and Conditions change we will make that clear on our wesbite. Please read these periodically to be up-to-date on how we operate. Thank you.

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We would love to capture you at your best!


WE ARE OPEN - taking studio and outdoor bookings!

Please note that we are continuing to sanitise our equipment regularly, taking preventative measures to enforce reasonable social distancing. Masks are worn during studio sessions where necessary and safe to do so.

We want to make sure that both our own, and all client's safety is paramount. We will not take any chances with the pandemic still ongoing until notified by government advice. We want you to feel totally safe and comfortable during our sessions.
We have now opened our large studio for headshot and modelling or acting sessions, and are taking every precaution necessary to ensure your safety throughout.


Take care and wash your hands regularly.
Thank you.

Clean and sanitised equipment and premises by Bertie Victor