Our services are covered by the following Terms and Conditions.
Definitions
This agreement represents the complete understanding between “The Photographer,” Alex Wong,
trading as Images360 Limited, and the CLIENT. The term “Images” refers to any visual content provided by the Photographer,
including but not limited to photographs, prints, or any other physical or digital material.
Copyright and Ownership of Materials
The Photographer retains full copyright, ownership, and intellectual property rights to all images at all times, worldwide.
Right to Credit
The Photographer asserts his moral right to be credited as the creator of his work,
in accordance with Sections 77–79 of the Copyright, Designs and Patents Act 1988,
or any subsequent amendments. Please provide credit as ‘Images360’ wherever possible.
Use
The use of images is limited to the terms agreed upon at the time of booking and fee agreement.
The licence to use the images is restricted to the specific purpose and duration outlined in the Photographer’s booking form.
Any additional use of the images beyond this agreement requires the Photographer’s express permission.
Any changes to the intended use, including manipulation or partial use of the images, must be approved by the Photographer.
Once the licence to use has expired, any extended usage will require a new agreement and may incur additional charges,
which must be agreed upon with the Photographer.
Exclusivity
The usage rights granted are exclusive to the CLIENT and cannot be assigned, loaned, or transferred to third parties,
except for purposes directly related to the CLIENT’s work (e.g., reproduction, usage rights, or PR activities).
The Photographer reserves the right to refuse the supply of images or the granting of reproduction licenses to third parties,
even upon the CLIENT’s request.
The Photographer retains the right to use any images covered by this agreement at any time
and in any location globally for the purpose of advertising or promoting their work.
Client Confidentiality
The Photographer will maintain strict confidentiality and will not disclose any material or information shared by the CLIENT to third parties,
except as reasonably necessary to fulfill the obligations related to the work.
Booking
The CLIENT is required to sign the quote or complete a booking form (via email or hard copy).
Upon receipt of the signed quote or completed booking form, the Photographer will confirm the booking via email.
Once confirmed, the booking is considered final.
After a booking for a specific date and time is confirmed, the Photographer will not accept any other work for that period.
Cancellation or Postponement by the Client
Once a booking is confirmed, cancellation fees will apply based on the following schedule:
(i) If the CLIENT cancels within 7 business days of the confirmed date, a fee of 20% of the booked time rate will be charged.
(ii) If the CLIENT cancels within 24 hours of the confirmed date/time, a fee of 50% of the booked time rate will be charged.
(iii) If the CLIENT cancels on the day of the confirmed date, the full fee will be charged.
In the event of a postponement, the Photographer may, at their discretion, charge a postponement fee.
Additionally, any expenses incurred by the Photographer due to cancellation or postponement may also be charged to the CLIENT.
Cancellation by the Photographer
In the event that the Photographer is unable to attend a booked date due to unforeseen circumstances beyond their control
(e.g., sudden illness, injury, crime, natural disasters, etc.),
they will make every effort to connect the CLIENT with an alternative photographer.
If such cancellation occurs, or in the rare case of complete photographic failure,
the Photographer’s liability will be limited to a full refund of any fees paid by the CLIENT up to that point.
Rejection
Unless a rejection fee is agreed upon in advance,
the CLIENT has no right to reject the images based on style or composition.
Charges and Timings
Once a quote is provided and accepted, the agreed fee will apply.
The Photographer typically requests a brief from the CLIENT at the time of booking, which may be provided via email, instant message, or verbally.
Should any additional expenses or time be required due to alterations made by the CLIENT to the original brief,
or any other requests, the Photographer reserves the right to charge for these extra expenses and any additional time incurred.
If the CLIENT changes the length of the job, the fee will be adjusted based on the pre-agreed hourly rate.
Similarly, if the CLIENT is delayed or running late, causing the shoot to extend beyond the scheduled time,
the Photographer will charge for the additional time at the same hourly rate.
The Photographer will keep the CLIENT informed about the job’s progress and notify them if additional time is required,
along with any associated costs. Both parties understand and agree that punctuality is critical and should be respected.
Should the job prove to be significantly larger or different from the agreed-upon brief once it begins,
the Photographer will notify the CLIENT that the fee may increase.
If the Photographer is unable to reach the CLIENT to discuss these changes, work will pause until contact is made.
In cases where incorrect information is provided by the CLIENT (e.g., wrong location, time, etc.)
or if the CLIENT fails to arrive at the scheduled time and place, the full agreed fee will still be charged.
If unforeseen issues arise at the shoot location (e.g., poor lighting or location restrictions)
that are beyond the control of both the CLIENT and the Photographer, a fee may be applied to cover the Photographer’s time.
Quoted fees include mileage up to 80 miles round trip. Any additional mileage will be charged at 45 pence per mile.
Additionally, any congestion charges, tolls, or parking fees incurred by the Photographer will be billed to the CLIENT as expenses and added to the final invoice.
Payment Terms & Schedule
To confirm the booking, a 50% deposit and a signed quote are required.
This deposit secures the Photographer’s services for a specific date,
recognizing that reserving this date prevents the Photographer from accepting other clients,
leading to potential economic loss. Bookings operate on a strictly first-come, first-served basis,
and shooting dates will ONLY be confirmed upon receipt of both the deposit and the signed quote.
The balance payment terms are outlined clearly in the quote,
with the standard payment due within 30 days from the date of the relevant invoice (“Due Date”),
unless alternative arrangements have been agreed upon in advance and in writing.
The Photographer reserves the right to apply interest charges at the rate prescribed by the
Late Payment of Commercial Debts (Interest) Act 1998 from the Due Date until full payment is received.
If any invoice remains unpaid by the Due Date, all outstanding invoices issued to the CLIENT will become immediately due,
regardless of whether they are within the standard 28-day period from their issue date.
The Photographer reserves the right to consider these invoices overdue and take legal action to recover any unpaid debts.
Preferred payment method is via BACS, with bank details provided on the invoice. Cheques are also accepted, made payable to “Images360 Limited.”
Liability and Indemnity
It is the CLIENT’s responsibility to ensure that all necessary rights, model releases,
or consents required for reproduction are obtained. The Photographer makes no warranty or guarantee that such rights,
releases, or consents have been, or will be, secured for any names, individuals, trademarks, registered designs, copyrighted materials,
or works of art depicted in any images.
In the event that the CLIENT uses or authorizes the use of any image without obtaining the necessary rights,
releases, or consents, the CLIENT agrees to indemnify and hold the Photographer harmless from any and all expenses, damages, claims, or legal costs arising from such failure.
Digital Files
Upon receipt of payment and completion of post-production, proofs will be made available on the Images360 site for the CLIENT to review.
Once the CLIENT selects their desired images or outputs, and in accordance with the agreed contract,
the CLIENT will receive the digital files either via Digital Download or on a USB drive.
The CLIENT is solely responsible for the safekeeping, storage, and backup of their digital files.
The Photographer does not guarantee future storage or retrieval of archived files once the digital files have been delivered.
Requests for duplicate USBs will incur additional charges.
Retrieval of archive files older than 6 months will be subject to a £100 administration fee.
Applicable Law
This agreement shall be governed by the laws of England and Wales
Variation
No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.