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 “Vishal Sharma – Unit Stills Photographer” website at https://www.vishalsharma.co.uk and the “Unit Stills Gallery” website at 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 or other file transfer or at my “Unit Stills Gallery” – https://gallery.vishalsharma.co.uk – please note this website has its own Terms and Conditions and Privacy Policy which you agree you are subject to if you choose to view, download and 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 photographic services and liability
Photographic services must be booked for a specific date (or dates where applicable) and it is recommended you supply a written brief which specify the particulars you require. I will endeavour to interpret your written brief to the best of my professional ability but reserve the right to creative and artistic license and this shall be deemed to be final and correct.
2B. Delivery of photographic services
Photographic material will be delivered electronically to view, share and download as appropriate via my “Unit Stills Gallery” website. Where applicable I endeavour to provide photographic material on appropriate physical media (such as, but not limited to, a hard drive, DVD or USB pen drive) but cannot be held responsible for any corruption, anomaly or compromise which may arise from your use of the aforementioned physical media.
3. Archiving
I will retain photographic material produced from photographic services for you for twelve months from the date of contract. I reserve the right to then delete or maintain selective photographic material where appropriate.
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 by e-mail, to my Unit Stills Gallery website or to an external FTP/upload site). Requests for photographic material on physical media will incur additional charges if the supply of physical media is required in addition to postage where applicable.
4. Force majeure or Act of God
The contract made between you and I may be subject to alteration or cancellation by either party owing to any exceptional cause which is beyond either party’s control.
4A. Cancellation fee
When photographic services are cancelled on the day or twenty four hours before a confirmed date, if term 4 does or does not apply, I reserve the right to charge my full day rate and travelling expenses where applicable.
5. Indemnity and Insurance
I hold professional indemnity insurance and public liability insurance.
6. Right to use
You agree that I may reasonably use any photographic material produced from our contract for portfolio, promotional or social media use.
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.
8. Modification to Terms and Conditions
I reserve the right to modify the Terms and Conditions outlined from time to time as required.