TERMS & CONDITIONS
COMMERCIAL PHOTOGRAPHY
1. TERMS AND DEFINITIONS
These terms and conditions represent the entirety of the Agreement between the Photographer (Claudia Moyseos) - hereafter referred to as "Photographer" - and the Client(s) - hereafter referred to as "Client" . Both Photographer and Client together will be referred to as "Parties".
The Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party).
"Event", "Shoot" and "Photography Shoot" refer to the dates and times agreed by both Parties when Photos are taken by Photographer.
“Photographs”, “Images”, “Pictures”, "Work" and “Material” means all photographic material furnished by Photographer, whether transparencies, negatives, prints, digital files or any other type of physical or electronic material in existence now or yet to be developed.
Reproduction includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means.
Where time is of the essence, Photographer entirely at its own discretion may accept an instruction given orally, in this event Photographer shall accept no liability for any error in executing the order.
Unless Photographer is given prior written notice by Client, the person placing or signing the order on behalf of Client is deemed to be authorised to do so.
When a Client’s policy is not to rely on email confirmations, hardcopy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law.
The agreement between Photographer and Client is made the moment when Client signs or submits online the Booking Form/Contract and the booking is confirmed by Photographer or Client accepts an Estimate/Quotation provided by Photographer. The Booking Form/Contract and/or Estimation/Quotation is part of this Agreement.
The scope of work and number of photos granted to Client are shown on the Booking Form/Contract and/or Estimation/Quotation.
2. SERVICES AND WORK PRODUCT
Photographer agrees to supply photography services to Client in accordance with the Booking Form/Contract. The Agreement incorporates all the terms agreed between Client and Photographer.
Client must ensure that anything relevant and important about Client's Photography Shoot is written on the Booking Form/Contract.
Photographer will discuss with Client their general requirements and wishes in relation to the taking of the Photographs. Photographer will aim to accommodate any reasonable requests made by the Client but cannot guarantee to be able to do so. Client should be aware that it may not be possible for all requests to be followed due to factors such as weather conditions, lighting conditions, the subjects being photographed, time constraints, etc. Client, therefore, grants Photographer full and unfettered artistic licence in relation to the content of the Photographs, their arrangement, composition, location and the number of Photographs taken.
Photographer will perform basic post-processing or digital image-editing services on the Photos where artistically necessary. Photographer may agree but is not obliged to perform additional editing requests for an additional per-image fee to be paid in advance.
If Client orders products other than those mentioned in the Booking Form/Contract, such as prints, calendars or any other products, this must be done in writing within one month of the date of the Photography Shoot. After this time, any offer or obligation by Photographer will cease to be valid.
Photographer will work in the best way with all his abilities to satisfy her Clients. In the event that Clients do not cooperate with Photographer or exhibit annoying and/or threatening behaviour by any person attending the Event/Photography Shoot that will affect Photographer's health and/or property security, Photographer reserves the right to terminate her cooperation even if the timetable of cooperation has not been met.
It is agreed between the Parties that the number of photos which is shown in the Booking Form/Contract are included in the price for photography services and will constitute the entirety of Photos to be delivered to Client.
Client has no right to reject the provided Work on the basis of style, composition or editing of the images.
In addition, a Client representative should be present at the Shoot in order to approve the content being created in real time.
Photographs will be taken in the available settings and against the available backgrounds. Client is aware that moving objects or performing other cosmetic duties on location is not part of Photographer's service.
3. DELIVERY OF WORK PRODUCT
Photographer will deliver proofs of Photos to Client no more than ten business days after the date of the Event/Photography Shoot. Client understands and agrees that proofs are the exclusive property of Photographer and Client has no right to these photos except for a licence to view them but not store the proofs in any form.
Photographer will deliver the final Images to Client no later than the time frame stated in the Booking Form/Contract and/or Estimation/Quotation after the said Photography Shoot in any form agreed between the Parties in the Booking Form/Contract and/or Estimation/Quotation.
The Images will be delivered in low resolution for web and social media use and/or high resolution suitable for printing.
In the event of Clients' failure to cooperate well with Photographer and as a result Photographer may not be able to deliver part of the material or other goods required under this Agreement, he is not obliged to deliver material or other goods to Client and Client agrees that Photographer will have no obligation to Clients such as to store non-delivered material or other goods beyond one month from the date of the Photography Shoot and the material will be permanently deleted.
If 100% of the total agreed fee is not received, Photographer will not deliver the agreed products or services to Client and will have the right to permanently delete the Material.
4. PAYMENT
Client and Photographer agree that the fee for Photographer is the amount shown in the Booking Form/Contract/Estimate/Quotation plus VAT. A separate invoice or invoices may be issued by Photographer for services and products delivered to Client.
Payments can be made in cash or by bank transfer. Bank details will be provided on the Booking Form/Contract/Estimate/Quotation and/or Invoice.
The payment will be granted to Photographer as follows:
a. A non-refundable Booking Fee of 50% of the total fee stated in the Booking Form/Contract/Estimate/Quotation is payable by Client immediately upon accepting the Quotation/Estimate and/or when a date for the above shooting has been agreed. This will be set against the total fees payable by Client and will not be refunded to Client if Client cancels or changes the engagement. With this deposit, Client books the date and the time agreed with Photographer.
b. The rest of the payment shall be granted to Photographer as follows:
The remaining balance is due as soon as Client has communicated to Photographer their selection of the images to be finalised. The balance of the payment for photography services as stated in the Invoice must be paid in full by Client before the delivery of the final Images. No Material will be given unless the full amount is paid.
If the 50% Booking Fee is not received prior to the Photography Shoot, Photographer will not attend the said Photography Shoot.
4. Additional custom orders (e.g. additional photos, prints or other products) must be paid and paid in full at the time of ordering.
5. In case of payments not being made according to (a) and (c), Photographer reserves the right to take legal action. In addition, an annual 13% (thirteen per cent) interest and a fee of €25 (twenty-five Euros)(excluding VAT) will be charged for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuance of unsettled invoice balances. This fee is to reimburse Photographer for the additional time spent pursuing overdue fees/invoices and is non-refundable.
5. EXPENSES
Any extra expenses or times that are incurred by Photographer as a result of alterations to the original brief by Client or otherwise, Client shall give approval to and be liable to pay such extra expenses or fees, in addition to the fees and expenses shown on the Estimate/Quotation as having been agreed or estimated.
6. BOOKING, CHANGES AND CANCELLATION
Once Client has made a booking for a specific time and date and the booking has been confirmed, Photographer agrees to not accept bookings for this same time-slot by any other client.
Once Client accepts an Estimate/Quotation provided by the Photographer, the Client understands and agrees to the Terms and Conditions included and that any additional changes to the project that impact any fees (licenses and accompanying fees, photography fees, expenses) will require a a written notice.
Client must notify Photographer of any changes regarding the Photography Shoot(s) by telephone, along with a written notice sent by email for documentation. If an email is sent, a confirmation receipt must be sent by Photographer in writing or by email.
In the event of cancellation of the Photography Shoot for any reason without the fault of Photographer, Photographer shall not be liable to Client and Client is obliged to pay over and above any real expenses made by Photographer because of said Photography Shoot.
If the Photography Shoot is cancelled by Client for any reason, Photographer is not obliged to provide the agreed work on a new date and is not obliged to refund any advance payments. However, if a reasonable agreement between Client and Photographer can be made to postpone the Photography Shoot, an additional fee of 25 per cent of the original booking rate may be charged.
The booking must be cancelled in writing even if Photographer has been called to inform Photographer of the cancellation. Otherwise, Client shall pay all of the agreed fee to Photographer.
If Photographer cancels a Photography Shoot due to illness or any other reason beyond Photographer’s control or Photographer is unable to perform the services in this contract due to any cause outside her control, the Client agrees to indemnify the Photographer for any loss, damage or liability. However, the Photographer will return any payments for those services that remain unfulfilled which were made by the Client in advance to this Shoot if no reasonable agreement between Client and Photographer can be made to postpone the Photography Shoot.
7. COPYRIGHT AND OWNERSHIP OF MATERIALS
Client acknowledges that Photographer owns the entire Intellectual Property Rights of the Material produced and that they are the property of Photographer. The entire copyright in the Images is retained and administered by Photographer, Claudia Moyseos, at all times throughout the world.
Title to all Photographs remains the property of Photographer.
Images may be licensed for use for a specified period. When the License to Use has expired, the Images should be returned to Photographer and/or a written undertaking given that all digital files have been destroyed.
Photographer sells the right to use and/or reproduce the licensed Pictures in a given context. No property or copyright in any Image shall pass to Client unless otherwise agreed in writing between both Parties.
8. USE of Images/Licensing
The License to Use the Images comes into effect from the date of payment of the relevant Invoice(s).
Permission in writing may be granted for Image use before payment, however this permission will be immediately revoked if payment of the Invoice is not made by the timescale stated in Section 4 of these Terms & Conditions.
Use and reproduction rights (if and when granted) are strictly limited to the use and period of time specified on Photographer’s Invoice. A written agreement must be reached with Claudia Moyseos before the pictures are used for a different purpose or after the Licence to Use has expired.
Manipulation of the Images or use of only a portion of the Image may only take place with the written permission of Photographer.
The Licence to Use the Images and reproduction rights are not issued exclusively to Client except when specified on the Invoice.
Usage and reproduction rights granted are personal to Client and may not be assigned, nor may any Picture submitted to Client be loaned or transferred to third parties save for the purpose of the exercise of such reproduction rights by Client.
Any use and reproduction rights granted are by way of Licence and no partial or other assignment of copyright shall be implied.
Photographer reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by Client.
In the case of printed publications, two copies of the relevant pages containing any Picture supplied are to be furnished to Photographer free of charge within two weeks of the publication date. In other media, evidence of use must be made available if requested.
On Client’s death or bankruptcy or (if the Client is a company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, Photographer may at any time thereafter inspect any records, accounts and books relating to the reproduction of its Pictures to ensure that the Pictures are being used only in accordance with the reproduction rights granted to Client.
A written agreement must be reached with Photographer before the Images may be used for any other purposes than stated on the Invoice. Where uses of an Image are made which breach the Licence to Use, further charges will be made.
9. RIGHT TO A CREDIT
The Licence to Use requires that a Credit/Acknowledgement of the Photographer in the form of her name “Photo ©ClaudiaMoyseos" must be given on or in reasonable proximity to all photographs when the Images are published (printed, online and/or in any other form), either with a picture credit, caption or other acknowledgement in the publication, and Photographer must be correctly tagged in social-media publications (e.g. @claudia.moyseos.photography for Facebook and Instagram).
10. EXCLUSIVITY
Unless agreed to in writing on the License to Use and the Invoice, no exclusivity is given or implied to Client.
Photographer retains the right in all cases to use or sell the Photographs.
Exclusivity will not be unreasonably withheld but granted only only against an additional fee and on written agreement with Photographer before work commenced.
11. CLIENT CONFIDENTIALITY/USE OF DATA
It is acknowledged that Client's Personal Data submitted to Photographer will be used solely for organisational purposes and will be processed solely for communication with Client and for the delivery of photographic material to Client.
Photographer will keep confidential and will not disclose to any third parties or make use of Client's Personal Data or other Client Information communicated to her in confidence for the purposes of the Photography, save as may be reasonably necessary to enable Photographer to carry out her obligations in relation to this Agreement.
Client's Personal Data or other Client Information may be required on request for the following reasons:
whether an action must be taken for reasons of compliance with the law, legal procedure or regulations
the procedure of law enforcement authorities or other government authorities or other third parties, by summons, court order or other legal proceeding
if Photographer considers, at its sole discretion, that disclosure of Personal Information is necessary or appropriate to prevent personal injury or financial harm or in connection with an investigation of suspected or actual unlawful activity
to protect a person's vital interests
to protect Photographer's property and legal rights
12. INDEMNITY AND LIABILITY
It is Client's obligation to obtain all necessary rights, releases, clearances, consents or permissions which may be required for executing the photographic coverage of the Event/the Photography Shoot and the reproduction of people, places or items depicted within any of the Works.
It is acknowledged that the Photographer gives no warranty or undertaking that any such rights, releases or consents are or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or Works of art depicted in any picture.
Therefore, Client shall indemnify Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
Client agrees to hold harmless Photographer for any injury and/or damage which may occur during the Photography Shoot.
The Photographer will not be liable for any loss or damage, for any consequential loss of profit or income however caused including negligence by the Photographer, and it is the Client’s responsibility to insure against such loss or damage.
The Client agrees to indemnify and hold harmless the Photographer for any liability, damage, or loss related to technological failure, including data loss.
In the event of cancellation and/or postponement and/or interruption of the Event/Photography Shoot due to a force majeure event and/or of indicative cases of illness, technical failure (including data loss), injury, extreme weather conditions, cancellation of flights & boats, theft or loss of photographic material or equipment, equipment malfunction or any other circumstances beyond Photographer's control that prevent her from performing the services in this contract, Client agrees to indemnify and hold harmless Photographer for any loss, damage or liability.
In addition, Client expressly declares and commits herein that in the event of any lawsuit, claim, or other legal claim or administrative proceeding arising out of any infringement of any kind by a third party, Client is obliged to intervene in the proceedings or administrative procedure and, on the other hand, fully indemnify Photographer in the event of the latter being obliged to pay compensation or any other expenses.
13. DATA STORAGE/ARCHIVING
Digital Data is stored by Photographer on the understanding that Photographer is not responsible for the future integrity or loss of that data, or of any failure to retrieve data from Photographer’s archive.
Client understands and agrees that Photographer is not required to maintain original files or copies of Photographs for more than 30 (sixty) days after the Images have been delivered to Client.
Client is responsible for the creation of back-up copies of the delivered Images.
14. GENERAL TERMS
This Agreement shall be governed by the laws of the Republic of Cyprus and any applicable Cypriot legislation.
This Agreement is in accordance with the provisions of the Copyright and Related Rights Act of 1976 (Law 59/1976) and by the Law on the Protection of Individuals with regard to the Processing of Personal Data and the Free Movement of such Data Act of 2018 (Law 125 (I) / 2018).
These Terms and Conditions shall not be varied except by mutual consent of both Parties in writing.
If a clause is considered to be void, it does not affect the rest of the clauses of the Agreement.