Terms & Conditions
Any product/service purchased between the COMPANY and the CLIENT is held under these terms & conditions. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
A deposit is required to reserve the dates and times of the EVENT(S). If the EVENT(S) are rescheduled, postponed, or cancelled; or if there is a breach of the booking agreement by the CLIENT, the deposit is non-refundable and shall be liquidated damages to The COMPANY. The CLIENT shall also be responsible for payment for any of the COMPANY’s materials charges incurred up to time of cancellation. The deposit reserves the dates, times & service of the EVENT as well as confirms agreement to the terms & conditions.
The client agreed to conﬁrm the schedule at least one month prior to the EVENT(S). Notiﬁcation of any changes in schedule or location must be made in a timely manner and conﬁrmation of receipt must be obtained from the COMPANY by the CLIENT.
The COMPANY reserves the right to terminate coverage and leave the location of the EVENT(S) if the photographer from the COMPANY experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT(S); or in the event that the safety of the photographer from the COMPANY is in question.
SHOOTING TIME / ADDITIONS
The CLIENT and the COMPANY agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time.
The COMPANY is not responsible for compromised coverage due to causes beyond the control of the COMPANY including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the COMPANY, rendering of decorations, or restrictions of the locations. The COMPANY is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The COMPANY is not held liable for missed coverage of any part of the EVENT(S). The COMPANY will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT(S).
VENUE AND LOCATION LIMITATIONS
The COMPANY is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the COMPANY. Negotiation with the ofﬁcials for moderation of guidelines is the CLlENT’s responsibility; the COMPANY will offer technical recommendations only.
The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the COMPANY will be performing services.
LIMIT OF LIABILITY
In the unlikely event that the assigned photographer from the COMPANY is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the COMPANY, the COMPANY will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the EVENT(S).
In the unlikely event that digital ﬁles have been lost, stolen, or destroyed for reasons beyond the COMPANY’s control, including but not limited to camera, hard drive, or equipment malfunction, the COMPANY liability is limited to the return of all payments received for the EVENT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. The COMPANY is not liable for the loss of image beyond the lesser of the ﬁnal delivery of all products included in the package or one year.
PERMITS LOCATION FEES AND EXPENSES
Clients will be responsible for obtaining any and all permits and/or paying any fees or commissions required by any venue, person or location being utilized for the wedding or any sessions included here in this contract. This will include, but not limited to houses of worship, parks, reception venues or event coordinators. Any additional expenses beyond what is outlined in the previous paragraphs and speciﬁc of this contract, including, but not limited to, travel, lodging, admittance and parking fees, will be the responsibility of the Clients.
The aforementioned non-refundable deposit is due at the time of booking. The remaining balance is payable in full at least a month prior to the day of the EVENT(S). In the event the CLIENT fails to remit payment as speciﬁed, the COMPANY shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the EVENT(S).
Under law, the Copyright, Designs and Patents Act 1988 provides that the author of a photograph is the person who creates it. The author will be the first holder of the copyright in the photograph. This means that as the CLIENT you are unable to sell or duplicate our work as a third party. We provide the CLIENT with the right to print & allow our CLIENTS to distribute our images online provided they do reference us in the photos. We do not watermark your final images & provide all the final images digitally in high-res print ready forms. In the case we wish to use the images on our online media & sales resources we will seek the consent of the CLIENT. If the CLIENT prior to EVENT(S) day does not want any redistribution of there images they can seek a NON-DISCLOSURE agreement with us.
At Indiego Photography we aim to provide all our clients with their purchased products within these timeframes below.
Photography – Photos edited & delivered via private online gallery up to 6 weeks after the Date of the Event.
Videography – Videos edited & delivered via online video player up to 10 weeks after the Date of the Event.
Albums – From the date we receive your selection we take up to 2 weeks to create & design your layout before sending them off to print. Printing can take up to 4 weeks to complete.
USB/DVD/Harddrive – Up to 4 weeks from the delivery of the Photos and/or Videos online.
Any bespoke add-on may change the delivery time such as Premium 2-week delivery. Delivery times can stretch in high season between May-September.
Commercial license agreement
Every file bought with a commercial license from COMPANY comes with a standard license. An extended license gives you additional rights in exchange for an additional license fee. Unless you purchase an extended license, your use of content is subject to the standard license terms.
You may use content in any way that is not restricted (see Restricted Uses below). Subject to those restrictions and the rest of the terms of this agreement, the rights granted to you by COMPANY are:
- Perpetual, meaning there is no expiration or end date on your rights to use the content. The only exception to perpetual rights is for content downloaded on a subscription and not used within 30 days after the end of your subscription. Please see Section8 for more information.
- Non-exclusive, meaning that you do not have exclusive rights to use the content. COMPANY can license the same content to other customers.
- Unlimited, meaning you can use the content in an unlimited number of projects and in any media.
For purposes of this agreement, “use” means to copy, reproduce, modify, edit, synchronize, perform, display, broadcast, publish, or otherwise make use of.
- Examples of how you can use licensed content include:websites; blog posts; social media; advertisements; marketing campaigns; corporate presentations; newspapers; magazines; books; film and television productions; web and mobile applications; product packaging.
Please make sure you read the Restricted Uses section below for exceptions.
- Restricted Uses.
- No Unlawful Use.You may not use content in a pornographic, defamatory or other unlawful manner.
- No Commercial Use of “Editorial Use Only” Content.You may not use content marked “editorial use only” for any commercial, promotional, advertorial, endorsement, advertising or merchandising purpose. This type of content is not model or property released and is intended to be used only in connection with events that are newsworthy or of general interest (for example, in a blog, textbook, newspaper or magazine article).
- No Standalone File Use.You may not use content in any way that allows others to download, extract, or redistribute content as a standalone file (meaning just the content file itself, separate from the project or end use).
- No Use in Trademark or Logo.You may not use content as part of a trademark, design mark, tradename, business name, service mark, or logo.
- No Subscription Abuse.You may not stockpile, download or otherwise store content not used in a project or end use within 30 days after the end of your subscription for future use.
- Sensitive Use Disclaimer Required.If you use content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person (for example, sexually transmitted diseases), you must indicate: (1) that the content is being used for illustrative purposes only, and (2) any person depicted in the content is a model. For example, you could say: “Stock photo. Posed by model.” No disclaimer is required for “editorial use only” content that is used in an editorial manner.
- No False Representation of Authorship.You may not falsely represent that you are the original creator of a work that is made up largely of licensed content. For instance, you cannot create a painting based solely licensed content and claim that you are the author.
Restricted Uses – unless extended license purchased. Extended licenses are only available for purchase with credits on a file by file basis.
- No Products for Resale.Unless you purchase an extended license, you may not use content in connection with any goods or services intended for resale or distribution where the primary value lies in the content itself including, without limitation, cards, stationery items, paper products, calendars, apparel items, posters (printed on paper, canvas, or any other media), DVDs, mobile applications or other items for resale, license or other distribution for profit. This includes “on demand” products (meaning products in which content is selected by a third party for customization on such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, posters and other items (this includes the sale of products through custom designed websites, as well as sites such as zazzle.com and cafepress.com)
- No Electronic Templates.Unless you purchase an extended license, you may not use content in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, brochure design templates).
|Restriction||Products for resale/ Electronic templates|
|Standard License||Not permitted|
|Extended License||Up to 100,000 postcards, greeting cards or other cards, stationery, stickers and paper products;
Up to 10,000 posters, calendars or other similar publications, mugs or mousepads; or
Up to 2,000 t-shirts, sweatshirts, or other apparel, games, toys, entertainment goods like CDs or DVDs, framed or mounted artwork.
Unlimited for electronic products such as mobile applications and electronic templates.
- Limited print run. Unless you purchase an extended license, you may not reproduce the content more than 500,000 times in physical print form. This restriction does not apply to electronic reproduction.
- Who, besides me, can use the licensed content?
The rights granted to you are non-transferable and non-sublicensable, meaning that you cannot transfer or sublicense them to anyone else. There are two exceptions:
- Employer or client.If you are purchasing on behalf of your employer or client, then your employer or client can use the content. In that case, you represent and warrant that you have full legal authority to bind your employer or client to the terms of this agreement. If you do not have that authority, then your employer or client may not use the content.
- You may allow subcontractors (for example, your printer or mailing house) or distributors to use content in any production or distribution process related to your final project or end use. These subcontractors and distributors may not use the content for any other purpose.
4. Intellectual property rights.
- Who owns the content?
All of the licensed content is owned by either COMPANY or the artists who supply the content. All rights not expressly granted in this agreement are reserved by COMPANY and the content suppliers.
- Do I need to include a photo credit?You do not need to include a photo credit for commercial use, but if you are using content for editorial purposes, you must include the following credit adjacent to the content or in visual production credits: “COMPANY.com/Artist’s Member Name.”
- Do I need to include a video credit?Yes, if technically feasible, you must include the following credit in visual productions: “COMPANY.com/Artist’s Member Name.”
5. General Provisions.
- This agreement is personal to you and is not assignable by you without COMPANY’s prior written consent. COMPANY may assign this agreement, without notice or consent, to any corporate affiliate or to any successor in interest, provided that such entity agrees to be bound by these terms.
- Audit/Certificate of Compliance.Upon reasonable notice, you agree to provide to COMPANY sample copies of projects or end uses that contain licensed content, including by providing COMPANY with free of charge access to any pay-walled or otherwise restricted access website or platform where content is reproduced. In addition, upon reasonable notice, COMPANY may, at its discretion, either through its own employees or through a third party, audit your records directly related to this agreement and your use of licensed content in order to verify compliance with the terms of this agreement. If any audit reveals an underpayment by you to COMPANY of five percent (5%) or more of the amount you should have paid, then in addition to paying COMPANY the amount of the underpayment, you also agree to reimburse COMPANY for the costs of conducting the audit. Where COMPANY reasonably believes that content is being used outside of the scope of the license granted under this agreement, you agree, at COMPANY’s request, to provide a certificate of compliance signed by an officer of your company, in a form to be approved by COMPANY.
- Electronic storage.You agree to retain the copyright symbol, the name of COMPANY, the content’s identification number and any other information that may be embedded in the electronic file containing the original content, and to maintain appropriate security to protect the content from unauthorized use by third parties. You may make one (1) copy of the content for back-up purposes.