BOOKING TERMS & CONDITIONS
THE COMMISSION IS SUBJECT TO ALL PHOTOGRAPHER’S TERMS & CONDITIONS,
NO USE MAY BE MADE OF THE PHOTOGRAPHS UNTIL THE INVOICE IS PAID IN FULL.
Estimate Terms and Conditions:
AGREEMENT – This agreement between Kinsmen Photography (Hereafter “Photographer”) and the undersigned client, (hereafter “Client”) governs the assignment described in the accompanying cost estimate, and along with the Terms & Conditions, constitutes the entire agreement between the parties concerning that assignment.
ESTIMATES – The fees quoted by the Photographer are for the original job description as presented by the Client. Any subsequent changes, whether made orally or in writing, may result in additional charges. The expenses are estimated in good faith. Actual expenses, which may be greater or less, will be invoiced.
PAYMENT - Client shall make payment within 30 days of invoice, thereafter an 8.5% late payment fee will be added. After the 30 day expiry, subsequent days overdue will incur a 0.5% late payment fee per day. A flat fee of £70.00/month handling fee will also be added. This is in accordance with the Late Payment of Commercial Debts Regulations Act 2013. 50% Advance payment required to initiate production. Applicable sales tax is not included in the estimate but will be applied to invoice.
USAGE - The Photographer provides to the Client, a standard, worldwide, digital, Press & PR usage only, from all photography and videography commissions.
ADDITIONAL USAGE - If the Client wishes to make any additional uses of the photographs not covered in the initial agreement, or beyond the Press & PR usage as stated above, the Client shall obtain permission from the Photographer and pay an additional fee to be agreed upon.
CLIENT REPRESENTATION - The Client is responsible for the presence of an authorised representative at the shoot to approve the Photographer’s interpretation of the assignment. If a Client representative is not present, the Photographer’s interpretation shall be deemed acceptable.
INDEMNIFICATION - Client hereby indemnifies and holds the Photographer harmless against any and all liabilities, claims, and expenses, including reasonable attorney’s fees, arising from Client's use of Photographer's work. The Photographer similarly indemnifies and holds Client
harmless against any and all liabilities, claims, and expenses, including reasonable attorney’s fees, arising from Photographer’s negligence.
TEAR SHEETS - The Client will provide Photographer with a printed copy or PDF of any publication where the Photographs appear.
TURN AROUND TIME – Shoot processing for client review, select(s) processed for reproduction and all retouched files will be delivered in a timely fashion, within a mutually agreed upon schedule, unless otherwise agreed in writing prior to shoot commencement. Rush requirements are subject to additional charges at the Photographers discretion.
RETOUCHING – Any additional retouching requested by the Client will be quoted on a case-by-case basis.
EXPIRATION – Estimates are valid for 15 days unless signed by both parties.
Booking Terms and Conditions
1. The Photographer(s) appointed by Kinsmen Photography will document the events in a candid manner and take formal portraits as necessary. The client should provide a full list of formal photographs required including names and relationship to the client.
2. Prior to or during the event, the Client may inform the Photographer of subjects which they would like photographed, but the final content of the images is at the discretion of the Photographer.
3. The Client will ensure that the guests at the event do not interfere with the Photographer’s work.
4. When using digital photography, the Photographer(s) will be under no obligation to display the images while the event is still underway unless agreed prior to the event.
5. The Photographer and Kinsmen Photography retains the copyright to the images worldwide.
6. If the Photographer is unable to perform due to fire or other casualty, strike, or other causes beyond the control of either parties, or due to the Photographer’s illness or injury, then Kinsmen Photography shall endeavour to replace the original photographer. If another photographer cannot be sourced to replace the original photographer then Kinsmen Photography shall return the deposit, if a deposit was paid, to the Client but shall have no further liability with respect to this agreement. This limitation on liability shall also apply in the event that images are lost through equipment malfunction, lost in the mail or otherwise lost or damaged without fault on the part of the Photographer. In the event that the Photographer fails to perform for any other reason, the Photographer or Kinsmen Photography shall not be liable for any amount in excess of the Photographer’s fee.
7. If the client selects less than the recommended number of photographers per guests attending (recommendation is 1 photographer per 150 guests, subject to clause 4.) then Kinsmen Photography and the Photographer shall endeavour to capture the event to the best of their ability. Kinsmen Photography or the Photographer will not be held liable nor can any compensation be sought after by the Client for any omissions of photographs of guests, details, staff members, group shots, landscapes, vehicles, key moments or any other details listed on a shots list provided by the Client. The final content submitted is at the discretion of the photographer.
8. Additional items such as image retouching, albums, duplicates, USB/CD’s, re-print and enlargement orders should be paid for in full at time of ordering and will be detailed on a final invoice upon completion.
If the Client(s) should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation. A booking is considered firm as from the date of confirmation.
Cancellation within 4 weeks or more before date of booking is subject to a 10% cancellation charge.
Cancellation within 2 weeks before date of booking is subject to a 20% cancellation charge.
Cancellation within 5 days before date of booking is subject to a 50% cancellation charge.
Cancellation within 48 hours before date of booking is subject to a 100% cancellation charge.
10. Press and Stock Agency Submissions
Kinsmen Photography provides press and stock agency submissions, if instructed by the Client, either before or after job completion, and is subject to a charge at the discretion of Kinsmen Photography. Kinsmen Photography will guarantee the submission of up to 15 selected images to the press or stock agency, if instructed by the Client, but Kinsmen Photography does not guarantee that the press or stock agency will accept or choose to run with the submission. Kinsmen Photography will accept no responsibility, in whole or in part, if the images submitted are not accepted or provided to the media or public for the Clients intended use. It is the sole responsibility of the Client to ensure that the titles, captions and information for the submission is correct. Kinsmen Photography will accept no responsibility, in whole or in part, if there is an error in the submission due to Client negligence or mis-information. The Client is not entitled to any commission, payment, recompense or compensation from the sale of the submitted images through press or stock agencies or in the event that the press or stock agencies use the images
for whatever purposes that are born as a result of the submission. Kinsmen Photography reserve the right to submit images to press and stock agencies even if not instructed by the client, and the client will not be entitled to any commission, payment, recompense or compensation from the sale of the submitted images through press or stock agencies. Kinsmen Photography reserve the right not to submit the selected images to press and stock
agencies, if Kinsmen Photography believe that the selected images are not of an appropriate nature, or could cause damage to Kinsmen Photography in anyway whatsoever.
11. Proofs/Images will be made available approximately 4-5 days following the event unless the 24hr express edit has been selected. If the 24hr express edit has been selected then Kinsmen Photography and the Photographer shall ensure proofs/images are delivered within 24hrs from departure from the event. If the client requests for a faster completion of the photographs after the event has been photographed, but before the earliest delivery possible as stated above, then Kinsmen Photography have the right to charge the 24hr express edit charge currently set at 20% of the initial booking estimate.
12. The Photographer and Kinsmen Photography will maintain backup copies of the images in their archive for a period of no less than 1 year.
13. Video Editing Conditions. Whereby a client has commissioned Kinsmen Photography to capture and create any moving image projects, Kinsmen photography will, at their discretion, supply/commission camera operator and video editor at an agreed rate. All videos requested by the client have, included, 1 round of changes per video. Any changes requested outside of the permitted inclusive round is chargeable.