Conditions of Business
Jean-Luc Benazet Photography
These Conditions of Business set out the terms the Photographer contracts with the Customer. The Customer should read these conditions carefully.
- Definition: The following words or expressions shall have the meanings stated:
“Booking” means any request, booking, order, commission or instruction by or on behalf of the Customer to create the Material by the Photographer.
“Booking Confirmation” means a document containing the Booking information.
“Customer” means the person identified as the customer on a Booking Confirmation.
“Photographer” means Jean-Luc Benazet trading as Jean-Luc Benazet Photography or ZZZ Media Ltd, his business partner or agents.
“Material” means all photographs, proofs, prints, images, negatives, digital scans, digital files, design, artwork, montages, drawings, engravings and any other photographic product or other product comprising or containing a reproduction of any form of photographic material, and which has been created by the Photographer.
“Fee” means the fee for the Booking as set out in the Booking Confirmation.
- Copyright: Copyright in all Material is retained worldwide by the Photographer at all times under the Copyright, Designs and Patents Act 1988 and additionally and further by the Universal Copyright Convention for the rest of the world. Nothing shall be deemed a release, transfer, assignment or other disposals of the Photographer’s rights in the Material, save as explicitly set out in these Conditions of Business or as otherwise agreed by the Photographer in writing.
- Payment:
3.1 In consideration of the Fee, the Photographer will undertake such work as is necessary to fulfil the requirements of a Booking. In consideration of the Booking, the Customer will pay the Fee by the provisions set out in Clause 4 below.
3.2 The Customer understands that the Fee balance is payable in advance up to 15 days before or on the event date, failing which the Photographer has the sole discretion to start editing the captured images only after receiving the Event Fee from the Customer.
3.3 The Fee does not include any albums which may be purchased at an extra cost. Such albums must be ordered within one year of the event date.
- A Booking shall be subject to the following provisions:
4.1 Deposit: The Customer shall pay the sum of TBD [depending on the job] (the “Deposit”) upon receiving the Booking Confirmation. The Deposit, which shall be applied towards the Fee, is refundable for 30 days from the date of this Booking Confirmation. For some jobs, no Deposit is required (unless specifically requested), and the Fee needs to be paid in full.
4.2 Refunds: In the event of cancellation or change of date of a Booking by the Customer after 30 days from the date of this Booking Confirmation or cancellation by the Photographer under Clause 4.7 below, in addition to any entitlement to claim damages for losses arising from such cancellation the Photographer shall, in any event, be entitled to retain the Deposit. The Photographer agrees to refund all additional monies paid (less any costs and expenses incurred by the Photographer in preparation for the Booking for which receipts and invoices will be provided) to the Customer in case of any such cancellation, as mentioned earlier.
4.3 Licence:
4.3.1 [Subject to full payment of the Fee, the Photographer grants full copyright ownership to the Customer to utilise the Material produced as a result of the Booking to the extent that:
a. the Material is the property of the Customer for professional use and the reproduction and distribution of photographs to employees and uses in collaterals,
b. the Customer does not need to obtain prior written permission from and compensate the Photographer before an event where the Customer publishes or sells the Material for profit. The Customer does not need to notify the Photographer if it has actual knowledge of persons publishing or selling the Material or photographs for profit; and
c. the Customer does not need to obtain prior written permission from the Photographer before digitally altering, processing or making any other amendments to the Material produced by the Photographer;
4.3.2 Save as otherwise agreed between the Customer and the Photographer, the Photographer shall be entitled to use his judgement regarding the style and artistic input in the production of Material; and
4.3.3 The Customer hereby assigns and grants the Photographer and his legal representatives the irrevocable and unrestricted right to use and publish the Material or in which the Customer may be included for editorial, trade, display, advertising, marketing, in photography books, photography instructional books, storefronts, window or studio display, and promotion of the Photographer’s business and for any other purpose deemed fit by the Photographer in any manner or medium; to alter the Material without restriction, and to copyright the material without liability or compensation to the Customer. The Customer hereby releases the Photographer and his legal representatives and assigns from all claims and liability relating to the Material.
4.4 Coverage:
4.4.1 Photographs taken during a Booking will be at the discretion of the Photographer, although the Photographer will endeavour to comply with the Customer’s requirements and requests;
4.4.2 The Photographer does not guarantee that all individuals involved in the event will be photographed;
4.4.3 The quality of the footage inside the event venue depends on where the Photographer is allowed to set up. The Photographer is very much restricted as to where he can and is allowed to stand. The interior design of the event venue can also significantly affect the quality of the photographs. The Photographer is not responsible for any problems with the Material that arise as a result of the layout of the event venue, obstructions at the event venue, or restrictions on his positions and movements at the event venue;
4.4.4 The Photographer shall endeavour to take all the photographs agreed with the Customer and to produce the best photographs possible for the Customer. Due to the nature of the event being live and non-staged, the Photographer makes no guarantee, whether express or implied, regarding the number or quality of the photographs that are subjective and influenced by factors beyond his reasonable control. The Photographer shall not be responsible for any factors that are beyond his reasonable control, including, but not limited to
a. any unforeseen moments which may not be recorded;
b. adverse weather conditions resulting in the Photographer being unable to conduct an outdoor shoot or
c. alterations in timings and schedules of the Customer made without prior notification to the Photographer;
4.4.5 The Customer is responsible for the conduct of its guests. The Photographer will not tolerate verbally or physically abusive behaviour nor share his time or compete with guest photographers for the subjects’ attention. Unchecked guest conduct that interferes with photography may seriously affect the photographs’ quality. If the Customer cannot control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the Photographer, the Photographer shall have the right to leave the event immediately. The Customer understands that in such an event, notwithstanding Clause 4.2, no refunds will be granted;
4.4.6 Due to various lighting conditions and the limitations of digital capture, some colours may alter slightly throughout the Material. The Customer accepts that specific colours do not reproduce exactly.
4.4.7 Where digital photographs have been shot, upon the customer’s prior request, the Photographer may produce a selection of digital images within two weeks of the event date on an online gallery for the viewing and free download purchase of additional photos by the customer’s friends and relatives. Prints are no longer provided.
4.5 Sub-contracting: In the event Jean-Luc Benazet is unable to attend the Booking, the Photographer shall be entitled to subcontract his obligations, including, but not limited to, the right to engage a backup professional photographer for the Booking, or offer his business partner when possible.
4.6 Limit of Liability:
4.6.1 The Photographer shall use reasonable endeavours concerning exposure, transportation and processing of the Material. In the unlikely event of the Customer’s Material being lost, stolen or destroyed for reasons beyond the Photographer’s control, save as a result of any fraud or wilful default of the Photographer, the Photographer shall refund the Fee (less the Deposit) within 15 days of such an event. The limit of liability for a partial loss of the original Material shall be a pro-rated amount of the Material lost based on the percentage of the total number of the original Material.
4.6.2 The maximum aggregate liability of the Photographer for all claims under or in connection with the Booking shall be limited to the Fee.
4.7 Force Majeure: The Photographer shall not be liable to the Customer for any failure, in whole or in part, to fulfil his obligations under a Booking where such failure arises as a result of an event or circumstances beyond the Photographer’s control, which may include (but are not limited to) equipment failure, inclement weather, acts of God such as flood, fire, warfare, adverse changes to government laws or regulations prohibiting photography, electrical failure, strikes by suppliers, illness or injury.
- Governing law: The contractual relationship between the Photographer and the Customer shall be governed by the laws of England and Wales.
- Entire Agreement: A Booking, as evidenced by information on the Booking Confirmation and governed by and with these Conditions of Business, shall form the entire agreement between the Photographer and the Customer, save as otherwise agreed in writing.