TERMS AND CONDITIONS:
PHOTOGRAPHY & FILM AGREEMENT
By making a booking with Spencer Cammayo Visuals, you automatically agree to the Terms and Conditions.
Definitions
SC Visuals: Spencer Cammayo Visuals.The Photographer and Filmmaker.
The Client: Any person, body of persons, form, or Company with whom SC Visuals enters into a contract for the sale of goods or provision of services.
Proof: Samples of all edited photos.
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Coverage
Coverage will be agreed in writing through message, email etc. or via phone call. The time, date and location will be noted for documentation and will continue for the number of hours agreed upon.
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Change of Date or Venue
SC Visuals must be notified immediately of any changes in schedule or location, at least 2 days prior to the shoot. Notification of any changes can be made by phone along with written notice sent via email for documentation. If an email is sent, a confirmation receipt must be sent back by SC Visuals in writing or via email. It is the client’s responsibility to confirm all arrangements at least 7 days prior to the event.
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Deposit and Payment
A deposit, which is 20% of the price for service, is required for all shoots (unless stated otherwise). This is a non-refundable deposit. It shall be liquidated for damages to SC Visuals in the event of a cancellation, or breach of contract by the Client. SC Visuals will not be expected to attend the event or reserve the date until a deposit is received. The deposit shall be applied to reduce the total cost and the Client shall pay the remaining balance on the date stated on the invoice. If final payment is not received for the service provided, the SC Visuals will not be expected to deliver the final images/video.
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Cancellation and Reschedule
There shall be no refund of the booking fee after signing the Agreement and the reservation of the shooting date. Clients are permitted one rescheduled session if the rescheduling request is made at least 48 hours before the session. After one permitted rescheduling, any further rescheduling will require an additional booking fee of 30% of the price for service to hold the Client’s spot.
Exclusive Photographer/Filmmaker
During the session(s), only SC Visuals and/or any photographers/filmmakers hired will be permitted to take photos/video, any other parties attending the session are not permitted to take photos/video on any DSLRs. Family and friends shall not interfere with SC Visuals’ duties.
Proofs and Archiving
An email or private message will be sent to the Client with a link to view and proof. Final edits of your images/video will
be available to download 1-2 weeks after the date of the session. These images/video will be held in a gallery to
download for 2 months before expiring. Clients may request to re-open the gallery after it has expired. An unarchiving
fee of £20 will be incurred. Once payment is received the gallery will be reopened for a period of 2 weeks.
Proofs are not permitted to be saved on storage devices or via screenshot. These images are for viewing purposes.
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Failure to Perform
The parties agree to cheerful cooperation and communication for the best possible result within the definition of this
assignment. Due to the limited and subjective nature of the event, SC Visuals cannot be held responsible for requested
photographs/video not taken or missed, lack of coverage resulting from weather conditions, or schedule complications
caused by but not limited to, anyone in or at the event, or by the church or location restrictions.SC Visuals is not
responsible for lost photo/video opportunities due to other cameras or flashes, the lateness of the clients or other
principles. SC Visuals is not responsible for the lack of coverage due to weather conditions, scheduling complications
due to lateness of individuals, rules and restrictions of venue, or the rendering of decorations of the location. It is
acknowledged that any lists submitted to the SC Visuals will be used for organisational purposes only and in no way
represent photography/video that will actually be produced. SC Visuals will do its best to fulfil all requests but can make
no guarantees all images will be delivered. SC Visuals recommends that the Client point out important individuals for
informal or candid photographs to the SC Visuals during portrait shooting that they wish to have photographed. SC
Visuals will not be held accountable for not photographing/filming desired people if there is no one to assist in identifying
people or gathering people for photographs/video. SC Visuals is not responsible if key individuals fail to appear or
cooperate during sessions or for missed opportunities due to details not revealed to SC Visuals. Clients are responsible
for all location fees and permits.
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Copyright
SC Visuals shall own the copyright on all images/videos created and shall have exclusive right to make reproductions
and edits of any kind. SC Visuals shall only make reproductions for the Client or for SC Visuals’ portfolio, samples, selfpromotion,
entry in creative contests, exhibitions, editorial use, website, or for display within SC Visuals’ studio.
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Expenses
Transportation costs will be calculated if outside of the Liverpool City Region. This extra cost will be added in the invoice.
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Garments
SC Visuals cannot be held responsible for damage to Garments due to environmental events. Client is responsible to
arrange personal assistance for garments.
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Creative License
Images/video are edited at SC Visuals’ discretion, and delivered prints may not include all images shot. SC Visuals
reserves the creative rights to edit and release only those images deemed creditable as professional in quality and
within SC Visuals’ artistic standards.
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Force Majeure
If SC Visuals or its assigns cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances, acts
of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the
parties, then SC Visuals shall return any moneys paid by the Client and expenses, but shall have no further liability with
respect to the Agreement.
This limitation of liability shall also apply in the event that photographic materials are damaged, lost
through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part
of SC Visuals. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based
on the percentage of total number of originals.
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Late Policy
The Client is responsible to make sure payment is made when the product is delivered. An invoice will be delivered to
the Client which will contain the date for final payment to be made.
Payment terms are 14 days. The Client must be aware that according to the Late Payment of Commercial Debts
(Interest) Act 1998, freelancers are entitled to claim a £40.00 late fee upon non-payment of debts after this time, at
which point a new invoice will be submitted with the addition of this fee. If payment of the revised invoice is not received
within a further 14 days, additional interest will be charged to the overdue account at a statutory rate of 8% plus Bank of
England base of 0.5%, totalling 8.5%. Parties cannot contract out of the Act’s provisions.
Client assumes responsibility for any and all collection costs and legal fees incurred by SC Visuals in the event that
enforcement of this contract becomes necessary.
All legal action shall be taken appropriately.