October 4, 2014

Legal

 
Legal – Terms & Conditions
The terms listed below shall be deemed as a contract between you (“The Client”) and Wilcox Photography and no variation or modification of this contract shall be effective, unless agreed by both parties in writing.
 
 
Service & orders
 
Photography
Wilcox Photography will carry out all Photography in accordance with agreed instructions from “The Client” using professional photographic equipment. A brief for each assignment will be agreed at the time of commission. Details regarding site access, property position, model release forms and other factors which may have a bearing on Photography should also be provided at this time.
“The Client” understands and accepts that the photographic coverage will be as the photographer’s professional expertise determines and that no one photograph will be deemed more important than another. Special requests are not binding instruction although every effort will be made to comply with “the Client’s” wishes. Any special requests not notified on this booking form must be made by “the Client” to Wilcox Photography in writing.
Please note, failure to provide information, which results in an abortive trip to the site, may result in a charge being made by Wilcox Photography to cover time & associated travel costs.
 
The Photographer
On occasions and without notice it may be necessary for the photographer originally specified to be substituted by another photographer, (e.g. due to ill health).
 
 
Images
 
Delivery of completed images
All goods will be delivered, in the format agreed at the time of ordering, as soon as possible after completion of the photography. Where possible all deadlines agreed at the time of order will be met, unless notified otherwise (see note below regarding weather conditions).
Please note delivery of panoramic images or other special requests, e.g. photo manipulation, will take longer and a delivery timescale will be agreed at the time of ordering.
 
Digital Manipulation of images
All digital images usually require some standard alteration in relation to toning, colouring & sharpening, prior to printing, similar to the processes previously carried out in the darkroom. This work is carried out within the costing of Wilcox Photography’s agreed fees.
Wilcox Photography is able to offer additional digital manipulation services over and above this where required. Examples of this include removal of background objects/people, altering the colour of the sky/grass, etc. If such work is required this will be subject to an additional charge to be agreed prior to the work commencing.
Please note that photographs which will be used to sell or market property, or be representative of the state of works at a given time, should not be altered in any way which may misrepresent the property/works concerned, i.e. power lines or background/adjoining buildings removed. If digital manipulation of images is requested Wilcox Photography cannot be held liable for any misrepresentation that may occur if these photographs are subsequently used for such purposes.
 
Copyright
Any images produced under the terms of this contract by Wilcox Photography are protected by the Copyright and Design Act 1988 and remain the property of Wilcox Photography, whether stored digitally or otherwise. It is contrary to the Act to copy or allow to be copied photographically/electronically or by any other means an image created as part of this contract unless agreed otherwise with Wilcox Photography (see below for reproduction rights).
In all cases, unless specifically negotiated otherwise, copyright of all images taken as part of a commission will remain with Wilcox Photography. Commissioned images will be supplied with either personal or corporate reproduction rights.
 
Personal reproduction rights allow copying of images by “the Client” for personal purposes only. Personal reproduction rights do not allow the use of images for corporate advertising, marketing or publicity in any way, including their use on websites or other electronic media. Should “the Client” subsequently wish to use the images for this purpose, written permission must be sought from Wilcox Photography.
 
Corporate reproduction rights allow photographs to be reproduced by” the Client” that has commissioned the images. These images may be used by the Client in their own promotional material, for marketing purposes, advertising, internet/intranet sites, on retail goods etc. In instances where photography is commissioned through a third party, e.g. Design Agencies, the Corporate Reproduction Rights extend to the end user of the images. Unless agreed otherwise in writing, the Agency may only use the images for the purposes of supplying the original end user.
In all cases, images (in whole or part) may not be sold or passed to a third party (even without charge) without the express written permission being granted by Wilcox Photography. If such a request is made, Wilcox Photography reserves the right to charge a fee for use of the images by the third party. The level of this fee will be based on the proposed usage of the photograph.
Please note that unauthorised copying of a copyright image (in whole or part) is an infringement of law and as such can be subject to criminal sanctions such as a fine or imprisonment or civil sanctions such as claims for damages, accounts, delivery up or injunctions precluding one’s use of the images.
Wilcox Photography reserves the moral right to be credited as the author of any published photographs.
 
Weather conditions
In order to operate safely and within the limits of the equipment, from time to time weather conditions (high winds, lightning & rain) may preclude photography from taking place. In such circumstances Wilcox Photography will contact you and arrange to take the photographs as soon as possible after the originally agreed time.
Wilcox Photography cannot be held responsible for any missed deadlines in respect of you not having received your order by the agreed deadline due to the prevailing weather conditions. Should work be interrupted by a change in weather conditions, Wilcox Photography will arrange for a further site visit to carry out the completion of the work. Please note there may be an additional charge for re-visiting the site which will depend upon the location and initial client briefing.
Please note if you have specific requirements regarding weather conditions for your images (e.g. sunshine) this must be agreed at the time of order. Wilcox Photography will make every effort to comply with these wishes however it may not be possible to achieve the requested images within a limited timescale.