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Terms & Conditions

1. Definitions
“The Photographer” means eyeSam.co.uk Photography Services. “The Client”
means any person, body of persons, firm or Company with whom the
Photographer enters into a contract for the sale of goods or provision
of services by the Photographer.

2. Acceptance of Terms and Conditions
All contracts and transactions between the Photographer and the Client
whether made orally or in writing are subject to these terms and
conditions which shall be deemed to be incorporated into any contract
between the Photographer and all or any of its Clients.
A. All use of images must be tagged with @eyeSam2 and credited to
eyeSam.co.uk. All Publications location URL, Social Media and Printed
publications must be sent to info@eyeSam.co.uk.

3. Copyright and Ownership
In accordance with the Copyright, Designs & Patents Act 1988, the
copyright of all images created by the Photographer is owned by the
Photographer. Unless the Photographer gives written authorisation, the
Client is forbidden by law to copy any images created by the
photographer and agrees that all photographic reprints, digital
duplications or copies of any type made from images created by the
Photographer shall only be carried out by the Photographer. The licence
to reproduce such images is granted to the Client on the understanding
that all invoices are paid within the Photographer’s stated payment
terms.

Reproduction rights (if and when granted) are strictly limited to the
use specified on the Photographer’s invoice and/or quotation. An
agreement must be reached with the Photographer before the pictures are
used for a different purpose or after the licence to use has expired.
The Photographer reserves the right to charge an additional fee if the
photographs are used for purposes other than what is shown on the
Photographers invoice and/or quotation.

If the Client wishes to own the copyright of images created by the
Photographer, an additional fee will be paid by the Client to the
Photographer for transferring the copyright. This fee will be mutually
agreed by both parties. The transfer of copyright will only become
applicable after this payment has been made in full.

On instances where the Client requests copies from media that they have
supplied, all work is undertaken on the assumption that the Client has
obtained written permission from the legal copyright holder for copies
to be made. The Photographer may contact the copyright holder of the
said image to confirm that authorisation to copy the image has been
given. The Client agrees to fully indemnify the Photographer in respect
of any claims or damages or any costs arising in respect of claims for
copyright violation made by a third party.

All original negatives, transparencies and digital files created by the
Photographer remain the property of the Photographer. The Photographer
will ensure that all such materials are stored safely for the Client and
make them available for future reproduction in return for the relevant
fee.

The Photographer reserves the right to make reproductions of images
created during assignments for marketing, promotional, competition and
editorial purposes.

4. Exclusivity
If a booking is made where the Photographer is to be paid solely by
monies recieved at an event from the sale of photographs, or where the
Client is to be paid a commission/pitch fee/stand fee, the Photographer
reserves the right to have exclusive photography rights for the
assignment. This includes photographs either being offered for sale or
free of charge, by any other photography company both at the event or
via a website afterwards. This also includes press and other media
photographers.

If any other photography company is present without prior agreement with
the Photographer, the Photographer reserves the right to invoice the
Client for any loss of earnings incurred.

5. Commission Payments
Any commission/pitch fee/stand fee agreed in advance is based upon
numbers provided by the client. The Photographer reserves the right to
reduce payment on a pro rata basis if the numbers attending the event
are reduced. Any payment will not be due until after the event has taken
place.

6. Cancellation Fees / Overruns
If a booking is cancelled by the Client within one working day of the
starting time, the Photographer reserves the right to charge his full
fee for the assignment. If a booking is cancelled within ten working
days of the starting time, the Photographer may charge 50% of his fee.

For cancellations/postponements due to weather conditions, the
Photographer reserves the right to charge his full fee and expenses due
to weather conditions on location. In such instances, the Photographer
may charge in full for his expenses (e.g. including but not limited to;
hire of specialist equipment, vehicles etc), that he may have incurred
prior or during the assignment taking place.

If the client is not paying an Attendance Fee to the photographer, the
photographer reserves the right to cancel the booking at any time.  When
the client is paying an Attendance Fee the photographer will make all
reasonable efforts to make alternative arrangements with the client with
regards to the booking.

7. Damage to Supplied Equipment
When the photographer is required to supply equipment with regards to
any commission then the client is responsible for the behaviour of their
guests using said equipment. This applies whether the photographer is
present or not.

Any damage to provided equipment is to be repaired at the clients
expense, and the client will also be responsible for any loss of
earnings whilst repairs are undertaken.

8. Payment Terms
For all non-account Clients, payment for all products and services
provided by the Photographer must be made 7 (seven) days before the
assignment.

For authorised account holders, payment of the Photographer’s invoice
must be made within 28 days of the date of that invoice. The
Photographer reserves the right to withdraw account facilities and
services without notice should the Client fail to pay the Photographer’s
invoice(s) within 28 days.

9. Retention of Title
The Photographer reserves the right to retain all of the Clients
materials in his possession until all monies owed to the Photographer
have been paid in full. Furthermore, the licence to reproduce images
created by the Photographer will also be revoked until payment has been
made.

10. Fees and Expenses
All prices quoted to the Client apply only to the original job
description and specifications given to the Photographer by the Client.
The Photographer reserves the right to make additional charges for fees
and expenses should these descriptions or specifications differ or
change before or during the assignment. Wherever possible, the
Photographer shall endeavour to provide an indication of what these
additional charges will be.

11. Representation
The Client shall ensure that there is an authorised representative
present at the assignment to ensure the correctness of the
Photographer’s interpretation of the Clients brief. In the event of no
Client representation, the Photographer’s interpretation of the brief
shall be deemed as correct.

12. Delivery Shortages / Loss and Damage in Transit
Claims for damage, non-delivery or shortages will not be considered
unless notified in writing within seven days of delivery.

The Photographer will make reasonable endeavours to ensure that items
delivered by a third party are suitably packaged for transit. The
Photographer cannot accept liability for loss or damage caused by a
third party. For valuable items, the Client should take out suitable
insurance cover. Upon written request, the Photographer will provide
suitable loss/damage cover for an additional charge.

Clients who choose to have items returned to them without loss/damage
cover do so at their own risk.

13. Confidentiality
The Photographer acknowledges that in the performances of the services,
he may receive information from the Client which is designated by the
Client as confidential. Upon request from the Client, the Photographer
agrees to keep this information secret and not to disclose such
information to other parties except as required by law.

14. Conduct
The Client shall be responsible for the behaviour of any persons
accompanying them to an assignment. The Photographer reserves the right
to terminate any assignment without notice if he deems the Clients
behaviour to be unruly or unsafe. In such instances, the Photographer
reserves the right to charge his full fees and expenses as described in
clause 4 of these Terms and Conditions. The Client will fully reimburse
the Photographer or his agents for any loss/damage they cause to
property or equipment.

15. Liability
The Client agrees that in all dealings with the Photographer, the
Photographer’s liability will be limited to the following sums:

Public Liability: Limit of indemnity – £1,000.000
Professional Indemnity: Limit of indemnity – £25,000

When the photographer is required to supply specialist equipment with
regards to any commission then the Client is responsible for the
provision of suitable insurance cover for any third party person or
persons using that equipment. This applies whether the Photographer is
present or not.

16. Delivery of Products and Services
The supply of products and services are provided by the Photographer on
a best endeavours basis. The Photographer will not be liable for delays
that are beyond his reasonable control. The Photographer shall use
reasonable endeavours to meet agreed deadlines where applicable. The
Photographer shall not be liable for any delays in meeting any of his
obligations which were due to causes beyond his reasonable control
including but not limited to; postage/courier/lab delays, war/acts of
terrorism, riots, government legislation, industrial action, adverse
weather conditions, acts of God, floods, fire, loss or damage in transit
etc.

17. Prices & Terms
The Photographer reserves the right to amend both Prices and these Terms
and Conditions without prior notice.

18. Rush Services
The Photographer reserves the right make an additional charge should the
Client request a rush service. This service is subject to availability
and cannot be guaranteed.

19. Images/Data Supplied in Electronic Format
For all images/data supplied to the Client in electronic format
(including but not limited to electronic mail, CD’s/DVD’s etc), The
Photographer will endeavour to ensure that the data sent is not corrupt
and is virus-free by scanning the data with Norton Antivirus software
before despatch. The Photographer cannot be held responsible for any
damage, disruption and/or loss of any kind that the said media may cause
to the Clients computer or data. The Client agrees to take similar steps
to ensure that data sent to the Photographer is not corrupt and/or
virus-free.

20.Tickets
eyeSam Tickets is a ticket facilitator only and will not accept any responsibility for Events, any refund will be with the organisation you paid your money too.

21. Law
This Agreement shall be subject to and constructed according to English
Law and the parties agree to accept the exclusive direction of the
Courts of England.

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