"Photographer" means Chris Bulezuik, 4 Rowlands Road, Horsham, West Sussex.
"Client" means any person, firm, or company with whom the Photographer enters into a contract for the sale of goods or the provision of services by the Photographer.
2.1 All contracts and transactions between the Photographer and the Client (whether made orally or in writing) are subject to these Terms and Conditions. They shall be deemed incorporated into any contract between the Photographer and the Client.
3.1 In accordance with the Copyright, Designs & Patents Act 1988, the copyright of all images created by the Photographer is owned by the Photographer. Unless otherwise agreed in writing, the Client is prohibited from copying, reproducing, or duplicating any images created by the Photographer. All reprints, digital copies, or other reproductions must be made only by the Photographer.
3.2 The licence to reproduce images is granted to the Client only once all payments have been made in full. Reproduction rights are strictly limited to the use specified on the Photographer’s Licence to Use agreement, issued once payment has cleared. Any new or additional uses beyond that licence require prior written agreement with the Photographer.
3.3 The Photographer reserves the right to charge additional fees if images are used for purposes beyond those specified in the invoice, quotation, or Licence to Use.
3.4 Wherever the images are published, credit must be given to the Photographer (e.g., “© Chris Bulezuik”) in a reasonably prominent position. The Photographer asserts his statutory and moral right to be identified under Sections 77–79 of the Copyright, Designs and Patents Act 1988.
3.5 If the Client wishes to own the copyright (rather than merely license use of the images), an additional fee must be agreed upon and paid in full. Ownership will be transferred only once the agreed fee has been settled.
3.6 All original negatives, transparencies, and digital files created by the Photographer remain the property of the Photographer.
3.7 The Photographer reserves the right to use images created during an assignment for marketing, promotional, competition, and editorial purposes.
4.1 Unless a specific “rejection fee” has been agreed in advance, there is no right to reject images on the basis of style, composition, or post-production. The Photographer will use best endeavors to follow any reasonable guidelines provided by the Client in writing prior to the assignment.
5.1 A booking is considered firm from the date of confirmation. If a booking is cancelled by the Client within seven (7) days of the agreed start time, the Photographer reserves the right to charge the full fee for the assignment. If a booking is cancelled within fourteen (14) days of the start time, the Photographer may charge 50% of his fee.
5.2 For cancellations or postponements due to adverse weather conditions, the Photographer reserves the right to charge the full assignment fee and expenses.
5.3 In the event of any cancellation or postponement, the Photographer may charge the Client in full for expenses already incurred or committed (including, but not limited to, travel arrangements, location/studio fees, equipment hire, props, model fees, etc.).
5.4 Should an assignment overrun due to circumstances beyond the Photographer’s control (e.g., the Client requesting additional shots beyond the agreed brief), the Photographer may make additional charges for fees and expenses.
6.1 Payment for all products and services provided by the Photographer is due upon completion of the assignment (or as stated on the invoice, if different).
6.2 The Photographer reserves the right to charge interest on all overdue invoices at a rate of 3% per month above NatWest Bank’s unsecured overdraft rate until the invoices have been paid in full.
6.3 Any fees or expenses incurred by the Photographer in the pursuit of overdue payments shall be borne by the Client.
7.1 Prices quoted to the Client are based on the original job description and specifications provided by the Client. Should those specifications change before or during the assignment, the Photographer reserves the right to make additional charges for any extra fees or expenses. Where possible, the Photographer will provide an estimate of such charges in advance.
8.1 Client’s Responsibility: Unless otherwise agreed in writing, the Client is responsible for ensuring that all necessary model releases, property releases, or other clearances or permissions are obtained for the use of any models, locations, or property to be photographed.
8.2 Photographer’s Responsibility (If Agreed): If the parties have specifically agreed in writing that the Photographer will arrange for models or venues, the Photographer will use reasonable efforts to secure any required releases or permissions. Any fees or costs associated with obtaining such releases or permissions shall be borne by the Client unless otherwise agreed.
8.3 Indemnification: The Client agrees to indemnify and hold the Photographer harmless from any claims, costs, damages, or liabilities arising from the Client’s failure to obtain the necessary releases or permissions, or from the misuse of any images in violation of such releases.
9.1 The Client shall ensure that an authorized representative is present during the assignment to approve the Photographer’s interpretation of the brief. In the absence of such representation, the Photographer’s interpretation shall be deemed correct.
10.1 The Photographer acknowledges that in performing the services, he may receive information from the Client which is designated as confidential. Upon the Client’s written request, the Photographer agrees to keep such information confidential and not disclose it to third parties, except where required by law or where necessary to complete the assignment.
11.1 The supply of all products and services by the Photographer is on a best-endeavors basis. The Photographer shall not be liable for delays beyond his reasonable control.
11.2 The Photographer will use reasonable efforts to meet any agreed deadlines, but will not be liable for delays caused by factors outside his control (including but not limited to postage/courier/lab delays, acts of terrorism, riots, government legislation, industrial action, adverse weather, “acts of God,” floods, fire, or loss/damage in transit).
12.1 These Terms and Conditions shall be governed by the laws of England and Wales.
12.2 The Photographer reserves the right to amend these Terms and Conditions without prior notice. Any such amendments will apply to new contracts only, unless otherwise agreed in writing.