Terms and Conditions
Terms and Conditions, Luke Cartledge Photography
All images on this website are subject to copyright.
This part of the document sets out the full terms and conditions of this agreement (“this Agreement”) made between Luke Cartledge Photography, Luke Cartledge (“Photographer”) and the Client (“the Client”) for the provision of the services set out in this proposal (“the Services”).
1. The Fee does not include the costs of hire of models, props, studios, locations, studios, specialist equipment, additional meetings in excess of the shoot itself or anything not specified in the quote.
2. In the event of the Client terminating this Agreement it shall pay the photographers fees for all work undertaken including the balance of the fee not yet invoiced.
1. The Photographer shall be entitled to sub-contract his obligations under a shoot at his discretion.
2. Save as otherwise agreed between the Client and the Photographer, the Photographer shall be entitled to use his judgement regarding the style and artistic input in the production of Material.
3. The Photographer shall not be liable to the Client for any failure, in whole or in part, to fulfil his obligations under an Order where failure arises as a result of an event or circumstances beyond his control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury.
4. The Photographer shall be entitled to require a deposit payment, if requested, on account of the price in such sum as may be agreed between the Photographer and the Client prior to the taking of any shots.
5. The fees shall be paid within 30 days of the date of the relevant invoice. If the Client fails to pay on the due date or dates interest shall be charged and paid by the Client at the rate of 4% above Barclays Bank base rate from time to time from the date of invoice to the date of actual payment.
6. If the Client fails to pay a fee on the due date for payment the Photographer shall be entitled to suspend or cancel further provision of Services and the Client shall forthwith pay the Photographers reasonable expenses relating thereto.
7. The Photographer reserves the right to instruct a debt collection agency in respect of any unpaid invoices seven days after the due date for payment and all fees incurred with the said agent shall be charged to and paid by the Client forthwith.
8. The liability of the Photographer for any claim or claims arising out of or in connection with pollution and contamination is excluded and for all other claims shall not exceed £250,000 or the total sum of the fees paid by the Client whichever is the lower.
9. The period of the Photographers liability to the Client is three years from the date of completion of the Services.
10. The Photographers shall not and the Client acknowledges they are not entitled to the issue of warranties in favour of third parties or the novation of this Agreement and duties to an alternative Client. In the event the Photographers is requested to provide warranties or agree a novation the Client shall pay the Photographers legal and other professional expenses incurred in negotiating the terms of the said warranties or novation and reserves the right to charge additional fees at the standard day rate. The Photographers shall also be entitled to renegotiate the level of fees referred to herein to reflect the liabilities attaching thereto.
11. The Client shall not be entitled to assign the benefit or the burden of this Agreement without the prior written consent of the Photographers and the parties hereby confirm that notwithstanding any other provisions of this Agreement nothing in this Agreement is intended to confer on any person any right to enforce any term of this Agreement which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999. The Photographers shall be entitled to assign the benefit of this Agreement.
12. Unless specifically otherwise agreed in writing between the Photographer and the Client, the Photographer is entitled to utilise photographs or other material ordered by the Client for the advertising, marketing and promotion of the Photographer’s business.
13. The Client acknowledges and agrees that the Photographers shall be paid all fees under this Agreement where those services are undertaken on a no approval no fee basis where concept approval is achieved but the Client or its customer does not proceed with the project to which the Services relate.
14. All postponements and cancellations must be made to the photographer in writing. In the event of a cancellation of a shoot by the Client, in addition to any entitlement to claim damages for losses arising from such cancellation the Photographer shall, in any event, be entitled to retain the deposit paid and/or agreed. Cancellation of photographic shoot at less than 48 hours is charged at 100% of day rate (including all subcontractors booked). Cancellation at less than 72 hours is charged at 50% of day rate. In all cases a 25% cancellation fee is payable.
15. A postponement fee of 25% is payable if postponement is made within 7 days.
16. The Photographer shall be entitled to agree to regard any booking that is not evidenced in writing as invalid. The photographer is also entitled to agree that any order made by telephone, email or any other means of communication as valid and in agreement with Luke Cartledge Photography Terms and Conditions.
17. The fees under this Agreement exclude the following but this list is not exhaustive
a. Studio hire/resourcing
b. Preparation model hire/resourcing
c. Location hire/resourcing
d. Additional equipment hire outside of those offered by the Photographer, ie Camera only
e. Additional assistant, stylist, or other team support.
f. Printing and or framing.
g. Post-shoot meetings.
h. Additional shoots or retouching not outlined in the quote.
i. Additional work following the issue of our fire strategy not identified in the Services
j. Commenting on Additional copies either hard or soft copies of the imagery/documentation.
18. These conditions supersede all previous conditions and no person or employer of the Photographers shall be entitled to vary alter amend or waive any of these conditions unless approved in writing by a director.
19. The Client may not withhold payment of any invoice or other amount due to the Photographers by reason of any right of set off or counter-claim which the Client may have or allege to have or for any other reason whatsoever.
20. If any part of these conditions and definitions is deemed to be invalid or unenforceable they shall not affect the validity or balance of the conditions.
21. These conditions and all orders and contracts as regards validity performance and construction thereof shall be governed by the Laws of England.
22. The Photographers duty to the Client is limited to the exercise of reasonable skill, care and diligence of a competent Photographers experienced in the provisions of like services.
23. Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition
24. All willing participants of any photoshoot will be automatically assumed to be in agreement with a standard model release, whether a release is physically signed or not. No customer can revoke their model release at anytime based upon their changed preferences.
25. Luke Cartledge Photography does not distribute unedited or raw images unless negotiated in advance in writing, where applicable a full day rate and an additional fee of 500% of the original fee will be payable to own the raw file and include a 25 year copyright buy out.
26. Any third party publication including all print and online uses of any Luke Cartledge Photography Copyrighted image must be requested in writing to the photographer prior to publication. Any image used without permission from Luke Cartledge Photography will carry a minimum charge of 100GBP per image. Charges will vary depending upon the nature of the copyright breach, the number of images used and the scale of the breach. Any publication of images without Luke Cartledge Photography permission which also breached client exclusivity clauses will involve legal proceedings.
27. An Order, as evidenced by information in writing and as governed by and together with these Terms and Conditions shall form the entire agreement between the Photographer and the Client, save as otherwise agreed in writing.
28. All quotes and estimates are exclusive of 20% VAT
29. The contractual relationship between the Photographer and the Client shall be governed by the laws of England.
30. Luke Cartledge Photography will supply High resolution Jpegs edited down at 300dpi (A4 isze), Low resolution (72dpi) imagery for online purposes and a folder of full-size TIFF files on DVD.
Please also read this if you do not understand about copyright law and how it may effect you if you decide to use me as your photographer…