It is agreed that the following Terms and Conditions set out the agreement made between the parties “Vishal Sharma – Unit Stills Photographer” and “you”, defined in Term 1, and that no variation or modification of these Terms and Conditions shall come into effect unless agreed by both parties in writing.
1. Definitions
“Vishal Sharma – Unit Stills Photographer” (also “I”, “me” and “my”) refers to photographer Vishal Sharma, who owns and operates the websites https://www.vishalsharma.co.uk and https://gallery.vishalsharma.co.uk.
“You” refers to the company, individual or individuals who engage me for photographic services and/or photographic material.
“Photographic services” refers to attendance of an agreed duration for photographic purposes on a named basis and on condition of an agreed fee.
“Photographic material” refers to images produced from photographic services and provided either on physical media (such as, but not limited to, a hard drive, DVD or USB pen drive) or in a digital format by email, FTP, file-transfer service or via my Unit Stills Gallery website.
Please note: the Gallery website has its own Terms and Conditions and Privacy Policy which you agree you are subject to if you choose to view, download or share photographic material.
“The contract” refers to an agreement between me and you on completion of a contract or otherwise as agreed in writing.
2. Photographic Services as Standard
The total fee for photographic services is agreed at the time of booking and confirmed by the contract or written agreement.
2A. Booking and Liability
Photographic services must be booked for a specific date (or dates where applicable) and it is recommended you supply a written brief specifying your requirements.
I will interpret your written brief to the best of my professional ability but reserve the right to creative and artistic licence, which shall be deemed final and correct.
2B. Delivery of Photographic Material
Photographic material will ordinarily be delivered electronically via my Unit Stills Gallery website.
Where applicable, I may also supply physical media (such as a hard drive, DVD or USB pen drive) but cannot be held responsible for any corruption, anomaly or compromise arising from your use of such media.
3. Archiving
I will retain photographic material produced from photographic services for twelve (12) months from the date of contract. I reserve the right thereafter to delete or selectively maintain photographic material at my discretion.
3A. Retrieval and Transfer Fee
Where selective photographic material is available beyond twelve months and is requested, a retrieval and transfer fee of £300.00 will apply for electronic delivery.
Requests for supply on physical media will incur additional charges for the media itself and postage where applicable.
3B. Data Security
I will take reasonable steps to protect photographic material against loss or unauthorised access during the storage period. However, I do not guarantee indefinite retention or backup beyond the twelve-month period specified.
4. Force Majeure / Act of God
The contract may be altered or cancelled by either party owing to any exceptional cause beyond either party’s control, including but not limited to illness, accident, extreme weather, fire, or industrial action.
4A. Cancellation Fee
If photographic services are cancelled on the day or within twenty-four (24) hours of a confirmed date, whether or not Term 4 applies, I reserve the right to charge my full day rate and any agreed travel expenses.
5. Indemnity and Insurance
I hold professional indemnity and public liability insurance.
6. Right to Use
You agree that I may reasonably use selected photographic material from our engagement for portfolio, promotional or social-media purposes, provided such use does not disclose confidential information or reveal unreleased material prior to the official public release of the production.
7. Copyright
The copyright of all photographic material produced and supplied to you is retained by me at all times throughout the world unless agreed otherwise in writing.
8. Payment Terms
Payment is due within fifteen (15) days of receipt of invoice unless otherwise agreed in writing.
Ownership or licence to use the photographic material is not granted until full payment has been received. Late payments may incur interest under the Late Payment of Commercial Debts (Interest) Act 1998 at 8% above the Bank of England base rate, plus reasonable debt-recovery costs.
9. Limitation of Liability
Except in cases of death or personal injury caused by my negligence, my liability for any claim, loss or damage shall be limited to the total fee paid for the photographic services.
10. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales, and any disputes shall be subject to the exclusive jurisdiction of the English courts.
11. Precedence of Terms
In the event of any conflict between these Terms and Conditions and any other agreement, these Terms shall prevail unless expressly varied in writing and signed by both parties.
12. Modification of Terms
I reserve the right to modify these Terms and Conditions from time to time as required. It is agreed that the following Terms and Conditions set out the agreement made between the parties “Vishal Sharma – Unit Stills Photographer” and “you”, defined in term 1, and that no variation or modification of these Terms and Conditions shall come into effect unless agreed by both parties in writing.