Terms & Conditions - William Walsh Photography | Film Work | Studio

Terms and Conditions of Supply

INTRODUCTION - The following sections are intended as a base document to which specific or varied terms can be added or amended. They represent the basis under which I undertake commissions for all forms of directorial, photographic, moving image, musical, performance based, design based, and installation work, below referred to as ’The Work’.

At all times I remain an independent consultant, that is to say I am not employee, worker, agent, or partner, and no client should give the impression that I am.

There are, of course, many pieces of legislation that will have an effect on how my relationship with clients works, not the least of which are the the current EU laws including the copyright directive, UK Copyright, Designs and Patents Act 1988, and the Irish Copyright and Related Rights Act, 2000.

I’m always happy to discuss and explain how my terms and conditions apply to you and our projects together.

COPYRIGHT - Unless agreed in advance and in writing I do not assign copyright to any clients or third parties. Please be aware that buying the copyright is far more expensive than buying an extensive and wide-ranging licence. Across the project any RAW files, scripts, audio recordings, research documents, and associated articles remain in my copyright.

CREDITS - Where it is expected and appropriate, unless agreed in writing/the licence, I will be credited for my role in The Work. Please request the format how I wish to be credited. Any errors and omissions in this regard may be seen as a breach of contract.

Before you hear back from me as to my exact credits for a specific project you may use the following details as are appropriate:

Photography by William Walsh

Directed by William Walsh

http://www.williamwalshphotography.com/

@williamwalshphoto

https://www.instagram.com/williamwalshphoto/

PRODUCTION RESPONSIBILITIES - Unless otherwise detailed it is assumed that you as the Commissioner will take full responsibility for all budgetary, staffing, and production elements including but not limited to sourcing crew, talent, locations/venues, catering, music licences, and so forth. Where I have been consulted on budgetary, staffing, and production elements my response is to be considered advisory. This advice extends to elements which may be detailed in any estimates or invoices. In practical terms I will often take on the immediate practical roles of a producer but in this I am acting on your behalf.

LICENCES GRANTED - As a client, you would be granted a licence to reproduce and/or distribute the photographs or agreed edits of a work. All licences have geographical, time, media and usage restrictions. My policy is to negotiate a licence that meets your needs and represents the best value for money for you and/or your client. Use of the photographs outside the terms of the licence granted is likely to be a breach of copyright.

LICENCE EXTENSION OPTIONS - If, having agreed a set of licence conditions you subsequently realise that you need wider use of the work I am always happy to negotiate a licence extension.

DELIVERY, METHOD, AND DEADLINES - As part of the commission we will agree when The Work will be delivered. Media delivery may include web galleries, FTP, email, and on physical media. The Work will be supplied in the agreed format within the agreed deadline. Copies of all files presented in my first selection will be retained in line with industry best practice and any subsequent reissue of any or all of the image files will be subject to a charge equal to the actual cost of producing and delivering them plus a 20% service charge.

As detailed in the section 'Creative Control' when I am engaged for a project you are engaging me for my skills and discernment, thus when I deliver work, particularly when it is only a percentage of the media captured on the day, you can rest assured that I am delivering what I believe to be the best shots/content.

As detailed in 'Copyright' I do not release all images/media to the client unless that is specifically part of the contract. This is for a number of reasons:

-I will have edited/processed the delivery selection, my fees do not include editing of all the content, only that which I deem to be usable

-I have your best interests to the fore, I only wish for you to receive the best work, not all of my shots are great, be that for technical reasons, the demeanour of the subject, or I just got it wrong on my way to getting it right

-I wish to maintain the reputation I have built by only being associated with work that I believe is off the standard I am capable of producing

INVOICING AND PAYMENT - Fees and costs will be negotiated and agreed before the commission takes place. Should the details of the commission change then alterations to the costs will be agreed as soon as possible. Most commissions will require a 50% of Fees and/or 50-100% of costs before any work begins.

Payment of the balance of an invoice is due within 30 days of receipt of the invoice or within 30 days of receipt of the finished work as it was detailed in the initial agreement, whichever is later. Should you require additional materials or edits beyond the scope of the initial agreement a further instalment of 25% may be due, or an instalment of 50% should the additional materials incur an extra charge.

Payment of the initial amount will be taken as a confirmation of the commission, agreed fees and costs, as well as acceptance of my terms and conditions if a previous communication has not done so already. Once the commission has been agreed I will send an invoice to you with the agreed amounts and a cover letter detailing the amount owed up front. The grant of licence will only come into force once payment has been made in full. If the client postpones or cancels the commission within 72 hours of the start time I reserve the right to charge 70% of the agreed fees. Cancellations or postponements within 24 hours of the start time may be charged at 100% of the agreed fees.

As well as the statutory amount provided for in the Late Payment of Commercial Debts [Interest] Act 1998 late payment of fees will also incur penalties on the following scale after 30 days:

31-60 Days: £10 per day
60-90 Days: £50 per day plus the statutory interest, currently 8% plus the Bank of England base rate
90+ Days: £100 per day plus the statutory interest, currently 8% plus the Bank of England base rate

THE LIMIT OF MY LIABILITY - As a professional I take great care and pride in my work and in my relationship with clients and the subjects of The Work. I cannot, however, accept liability for unexpected events including: poor weather, industrial disputes, sickness or injury, equipment malfunction, model release disputes, property release disputes and other actions or accidents that are outside my control and that cannot be reasonably predicted. Please note that I carry £1 million of Public Liabilities insurance. Should you require any specialist insurance to be taken out for your project, the cost will be included in the fees. Back up copies of your images will be stored using reliable methods but I cannot accept liability for systems failures.

DISPUTE RESOLUTION - If, for any reason, you have any queries about the service that I have provided I will be happy to discuss your concerns. The Work is often a creative endeavour and I accept commissions on the basis that you are employing my specific skills & creative style and that you trust me to apply them in accordance with our discussions and verbal & written agreements. Written confirmation of commissions should always include any “must-have” requirements and, where technically and creatively possible, I will fulfil your requests. If I consider any of your requirements to be unfeasible or if any of them become so during the shoot itself I will point them out at the first possible opportunity and offer solutions.

Any breach of contract as detailed in this document may lead to a legal repercussions for you/and or your client so please confer with me early and often should you have any doubts at any stage.

CREATIVE CONTROL - I accept a commission on the basis that I am being employed for my creative abilities and powers of discernment as to how The Work can be best completed. Most creative work I undertake is collaborative in nature and often it is best to ensure all parties feel their sense of creative agency is protected. To ensure this level of protection exists it is essential that both you as the commissioner, and I as the creator, are engaged in a dialogue about The Work at all of the major stages of creation. It is often where differing views arise that creative solutions take shape that neither party could have envisioned from their own perspective. Any creative decisions taken without giving me the full opportunity of offering notes/guidance will be a breach of contract. This paragraph is here to ensure that you make best use of the skills and talents for which I have been employed.