TERMS & CONDITIONS
1. Definitions
“The Photographer” means any photographer or videographer working for or on behalf of Fennell Photography Ltd.
“The Client” means any person, body of persons, firm or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.
“Images” and/or “Photographs” means all photographic material including but not limited to photographs, prints, digital scans, video files, digital files, digital image, artwork, montages and other type of physical or electronic material and/or any other photographic product or other product comprising or containing reproduction of any form of photographic material and which may be offered for the purpose of reproduction and which has been created by the Photographer.
“Reproduction” includes any form of publication or copying of the whole or part of any photograph whether altered or not and whether by printing, photography, projection (whether to an audience or not), electronic or mechanical reproduction or storage, electronic transmission or for any use as an artist’s reference or illustration, or in a layout or presentation to include non-commercial image sharing internet resources.
2. Acceptance of Terms and Conditions
All contracts and transactions between the Photographer and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Photographer and all or any of its Clients.
3. Copyright and Ownership and Delivery
In accordance with the Irish Copyright and Related Rights Act 2001 all images created by the Photographer are owned by the Photographer. Unless otherwise stated, the client will receive an edited selection of high-resolution JPEG digital images or video files. The entire copyright of the images is retained by the Photographer at all times throughout the world.
Reproduction rights (if and when granted) are strictly limited to the use specified on the Photographer’s invoice and/or quotation. If photo use is not specifically stated, the client shall assume the right to use any delivered photos internally for one year. An agreement must be reached with the Photographer before the pictures are used for a different purpose or after the licence to use has expired. The Photographer reserves the right to charge an additional fee if the photographs are used for purposes other than what is shown on the Photographers invoice and/or quotation.
If the Client wishes to own the copyright of images created by the Photographer, an additional fee will be paid by the Client to the Fennell Photography for transferring the copyright. This fee will be mutually agreed by both parties. The transfer of copyright will only become applicable after this payment has been made in full.
On instances where the Client requests copies from media that the Client has supplied, all work is undertaken on the assumption that the Client has obtained written permission from the legal copyright holder for copies to be made. The Photographer may contact the copyright holder of the said image to confirm that authorisation to copy the image has been given. The Client agrees to fully indemnify the Photographer in respect of any claims or damages or any costs arising in respect of claims for copyright violation made by a third party.
All original negatives, transparencies and digital files created by the Photographer remain the property of the Photographer. Should the Client request copies of images after initial delivery, the Photographer will, where possible, make them available for future reproduction in return for the relevant fee.
The Photographer reserves the right to make reproductions of images created during any and all assignments, commissions or employment terms for marketing, promotional, competition and editorial purposes.
Images are available to the Client through our online portal for a period of 12 months which may be extended if required. Only person or persons nominated by a company or organisation will be granted access to the Images after the event. Once the Client downloads the Images they will be responsible for the protection of that data under their own company Data Protection Policy.
The Photographer will retain the original files for a period of 3 years after which it is deemed his obligations to the Client have been fulfilled.
4. Service Time and Overruns
Any and all photography fees are calculated on a minimum hourly basis by Fennell Photography.
A half day consists no more than four hours spent on site by the photographer.
A full day is calculated on a basis of no more than 8 hours spent on site by the photographer. A 30minute break should be provided to the Photographer during a full day shoot with comfort breaks as needed.
The Photographer reserves the right to charge an additional fee per started hour beyond the agreed time. This fee does not include license to use images beyond personal and/or internal use for the duration of one year.
5. Cancellation
If a booking is cancelled by the Client within one working day of the starting time, the Photographer reserves the right to charge 50% for the assignment. If a booking is cancelled within 48 hours of the starting time, the Photographer may charge 25% of their fee.
For cancellations/postponements due to weather conditions, the Photographer reserves the right to charge his full fee and expenses due to weather conditions on location. In such instances, the Photographer may charge in full for his expenses (e.g. including but not limited to; hire of specialist equipment, vehicles etc), that he may have incurred prior or during the assignment taking place.
For portrait sessions booked through our website the Client must pay the agreed fee at the time of booking. Portrait sessions booked through our website are for one person ONLY - any additional people added will be charged at the same session rate per person. The Client may cancel/reschedule their shoot once and have a refund of any sitting fees paid, providing they give Fennell Photography Ltd a minimum of 3 days notice in writing. If The Client gives less than 3 days notice, all fees paid are non-refundable. All dates/times are subject to availability.
On instances where The Client arrives late or fails to attend their shoot at the agreed time, the photographer reserves the right to shorten or cancel the shoot without the refunding of any fees paid. The rescheduling of such shoots will be subject to The Photographer’s standard fees.
Portrait shoots purchased through a voucher or promotion are non-refundable.
In the event of The Client cancelling or rescheduling their shoot, The Client agrees to pay in full all cancellation fees for any additional services they requested such as (but not limited to) hair/make up artists, prop/location hire etc contracted in for specifically their shoot.
In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. Fennell Photography will make every effort to secure a replacement photographer of the same professional standing and ability able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received.
6. Damage to Supplied Equipment
When the photographer is required to supply equipment with regards to any commission then the Client is responsible for the behaviour of their colleagues around said equipment. This applies whether the photographer is present or not.
Any damage to provided equipment is to be repaired at the Client’s expense, and the client will also be responsible for any loss of earnings whilst repairs are undertaken.
7. Payment Terms
On completion of the assignment Fennell Photography Ltd shall deliver an invoice for the Price to the Client and the Client shall pay the Price (or any balance of it) within 30 days of the date of the invoice. Any sum outstanding after the expiry of 30 days may be subject to late payment interest.
The European Communities (Late Payment in Commercial Transactions) Regulations 2012 provide that “interest” shall be payable in respect of a late payment. With effect from 1 January 2021, the late payment interest rate is 8.00% per annum (that is based on the ECB rate as at 1 January 2021 of 0.00% plus the margin of 8%). This rate equates to a daily rate of 0.022%.
The issue of “late payment in commercial transactions” is governed by the European Communities (Late Payment in Commercial Transactions) Regulations 2012. The European Communities (Late Payment in Commercial Transactions) Regulations 2012 provide that where late payment interest falls due in respect of a payment, in addition to this amount, the Photographer is also automatically entitled to “compensation for recovery costs”, without the necessity of a reminder.
Portrait sessions booked through our website must be paid for in full at the time of booking.
8. Retention of Title
The Photographer reserves the right to retain all of the Clients materials in his possession until all monies owed to the Photographer have been paid in full. Furthermore, the licence to reproduce images created by the Photographer will also be revoked until payment has been made.
The Photographer’s name is to be printed on, or in reasonable proximity to all published reproductions of the Photographs.
10. Fees and Expenses
All prices quoted to the Client apply only to the original job description and specifications given to the Photographer by the Client. The Photographer reserves the right to make additional charges for fees and expenses should these descriptions or specifications differ or change before or during the assignment. Wherever possible, the Photographer shall endeavour to provide an indication of what these additional charges will be.
11. Representation
The Client shall ensure that there is an Authorised Representative present at the assignment to ensure the correctness of the Photographer’s interpretation of the Clients brief. In the event of no Client representation, the Photographer’s interpretation of the brief shall be deemed as correct.
The photographer is limited by the guidelines of site management. The Client agrees to accept the technical results of their imposition on the Photographer. Negotiation with the officials for moderation of guidelines is The Client’s responsibility; Fennell Photography will offer technical recommendations only.
12. Delivery Shortages / Loss and Damage in Transit
Claims for damage, non-delivery or shortages will not be considered unless notified in writing within seven days of delivery.
The Photographer will make reasonable endeavours to ensure that items delivered by a third party are suitably packaged for transit. The Photographer cannot accept liability for loss or damage caused by a third party. For valuable items, the Client should take out suitable insurance cover. Upon written request, the Photographer will provide suitable loss/damage cover for an additional charge.
Clients who choose to have items returned to them without loss/damage cover do so at their own risk.
13. Confidentiality
Fennell Photography acknowledges that in the performances of the services, they may receive information from the Client which is designated by the Client as confidential. The Photographer agrees to keep this information confidential and not to disclose such information to other parties except as requested by the client, required by law or as deemed reasonably necessary to enable Fennell Photography to carry out their obligations in relation to the commission.
14. Conduct
The Client shall be responsible for the behaviour of any persons accompanying them to an assignment. The Photographer reserves the right to terminate any assignment without notice if he deems the Clients behaviour to be unruly or unsafe. In such instances, the Photographer reserves the right to charge his full fees and expenses as described in clause 5 of these Terms and Conditions. The Client will fully reimburse the Photographer or his agents for any loss/damage they cause to property or equipment.
15. Liability
The Client agrees that in all dealings with the Photographer, the Photographer’s liability will be limited to the following sums:
Public Liability: Limit of indemnity – €6,500,000 any accident unlimited in the period of insurance.
Product Liability: €6500000 any one accident any one period of insurance.
Employers Liability: €13,000,000 any one accident any one period of insurance.
Professional Indemnity: Limit of indemnity – €250,000 any one accident any one period of insurance
16. Delivery of Products and Services
The supply of products and services are provided by the Photographer on a best endeavours basis.
The Photographer will not be liable for delays that are beyond his reasonable control. The Photographer shall use reasonable endeavours to meet agreed deadlines where applicable.
The Photographer shall not be liable for any delays in meeting any of his obligations which were due to causes beyond his reasonable control including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit etc.
17. Prices & Terms
The Photographer reserves the right to amend both Prices and these Terms and Conditions without prior notice.
18. Rush Services
The Photographer reserves the right make an additional charge should the Client request a rush service. This service is subject to availability and cannot be guaranteed.
19. Images/Data Supplied in Electronic Format
For all images/data supplied to the Client in electronic format (including but not limited to electronic mail, CD’s/DVD’s etc), The Photographer will endeavour to ensure that the data sent is not corrupt. The Photographer cannot be held responsible for any damage, disruption and/or loss of any kind that the said media may cause to the Clients computer or data.
20. Law
This Agreement shall be subject to and constructed according to the laws of the Republic of Ireland. If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.