Terms and conditions
Matteo Bonotto Photography Terms and Conditions
Terms and Conditions for Photography Commissions
1. These general terms & conditions apply to all private and commercial commissions performed by Matteo Bonotto. Not all the points here will be relevant to all types of commission.
2. Product definition: Prints are exhibition-quality prints using archival quality materials, unless otherwise defined. Services and products included with commissions as per price list current at the time of booking or as per individual quotation. Full resolution digital files are 8-bit RGB files in TIFF or JPEG format at 300ppi x required print size (mm). Client is responsible for checking files for colour accuracy before use. Internet resolution digital files are 8-bit RGB files in JPEG (maximum quality) format, 800px (long side).
3. Travel expenses: If the photo session is to take place on location outside of stated conditions, appropriate travel expenses will be charged. The client will be advised of the amount of travel expenses before commissioning, unless otherwise agreed.
4. Deposit and Payment: A deposit/booking fee is required to retain the photographer to perform the services agreed. The deposit/booking fee will be deducted from the total cost of the service. The balance will be due on receipt of digital contact sheet/online gallery. Extras and options are payable when ordered.
5. Cancellation and re-scheduling: Deposits/booking fee paid for photo sessions are not refundable. Third-party services are subject to the cancellation policies of the respective providers. Pre-agreed and ‘no cancellation’ special equipment, props, location, etc., hire or purchase is payable in full in case of re-scheduling or cancellation.
6. Extras and Options: Prices for additional prints, options and extras as per price list current at the date of ordering or per quote supplied.
7. Late payments and non-payments: If the client refuses delivery of the order or refuses to pay within the period stated, the client is in default and shall pay interest charges of 8% per annum of the outstanding amount plus an administrative fee of £10.00 per month, calculated from the original due date until payment is made in full. Expenses to recover money owed, e.g. court fees and debt collection agency fees, etc., will be added to the outstanding amount.
8. Selection of images: Unless otherwise agreed or offered, the client will select photographs for printing/digital format from an online gallery.
9. Timeliness and Mode of Delivery: It is the client’s responsibility to advise the photographer of the selected images in a timely fashion in line with the photographer’s ‘lead times’. Prints are delivered by Royal Mail or courier service. The client will need to allow for delivery times.
10. Copyright and Reproductions: The photographer owns and retains the
copyright for all images created, work released is covered by a creative
commons licenses which allow the client to copy, reproduce and print
the supplied images for non commercial use.
11. Photographic Materials: All photographic materials, including but not limited to digital files, contact sheets, proofs and previews are the exclusive property of the photographer.
12. Client’s Usage: For private commissions, photographs may be used for private, non-commercial purposes and for the client’s own self-promotion. Digital files, except digital contact sheets, may be used on the clients private, personal website, blog, employer’s website and on social and professional networking sites, subject to Authorship Credit. For all other commissions, usage as per agreement. The photographs from a commercial (non-private client) assignment may be used for a period of one year for the agreed purpose in the agreed media and the agreed locale, unless otherwise agreed.
13. Authorship Credit: Authorship Credit shall accompany the photographs when they are reproduced, unless otherwise specified. If the required Authorship Credit is omitted, the parties agree that liquidated damages for the omission shall be three times the invoiced amount.
14. Specimen copies and samples: Client shall provide the photographer with 2 copies of any usage or advise page URLs of Internet usage.
15. Additional Usage: If the client wishes to make additional uses, permission from the photographer is required and the payment of an additional fee may be requested.
16. Unauthorized Usage: Any usage which is not expressly permitted is considered unauthorized. A fee will be charged.
17. Re-shoots: If the photographer is required by the client to re-shoot the assignment, additional fees and expenses are charged in full. The photographer shall be given first refusal to perform any re-shoot.
18. Assignment: Neither this agreement nor any rights or obligations hereunder shall be assigned by either of the parties, except that the photographer shall have the right to assign money due hereunder. Both client and any party, on whose behalf the client has entered into this agreement, shall be bound by this agreement and shall be jointly and severally liable for full performance hereunder, including but not limited to payments due to the photographer.
19. Photographer’s Usage: Unless otherwise specified in the agreement, the photographer may use the photographs for his own self promotion, including his portfolio, website gallery, printed marketing materials, articles written about the photographer,
the photographer’s own book
projects, exhibitions or photographic competitions, including print
sales resulting from exhibition. For private commissions, all work is
processed in-house, except ‘photo books’. Under no circumstances will
photographs from a private commission be sold to anybody but the client.
If the of an editorial or other commercial commission is a person, the
photographer may offer to sell prints and digital files to that person
after the client’s first publication date.
20. Failure to perform: If the photographer cannot perform this agreement due to a casualty, accident, illness, fire, act of God, terrorism, equipment malfunction or other cause beyond the photographer’s control, the photographer will offer to re-schedule at no extra cost to the client or return the deposit to the client but shall have no further liability with respect to the agreement. In the that the photographer fails to perform for any other reason, the photographer is not liable for nay amount in excess of money already received from the client. The photographer shall have no further liability for losses, including consequential losses, incurred by the client.
21. Loss and damage of materials: In the event that photographic materials are damaged in processing, lost through equipment malfunction, lost in the mail, or otherwise lost or damaged, the photographer will offer to re-shoot at no extra cost to the client, but shall have no further liability of losses, including consequential losses, incurred by the client.
22. Travel & Transport: It is agreed that the photographer is not liable for any expenses, losses, damages, or consequential damages and losses as a result of delays, cancellations, strike action, accidents, breakdowns or Acts of God or terrorism in travel or transport that prevent him from getting to the agreed location.
23. Releases: The client shall indemnify and hold harmless the photographer against and all claims, costs and expenses, including legal fees, due to uses for which no release was requested, uses which exceed the uses allowed pursuant to a a release, unauthorized uses, and all other uses by the client. It is understood that the client obtains any necessary releases unless otherwise agreed, and that the release also covers photographer’s usage as outlined above.
24. Miscellaneous: This agreement incorporates the entire understanding of the parties. Any modifications of this agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this agreement. This agreement shall be governed by the laws of the United Kingdom.