Terms and conditions

HKPhotographs / Heather Frances Kelly

Terms and conditions for commissioning and reproduction of any photo taken by HKPhotographs / Heather Frances Kelly

Last updated and in effect from 1st of November 2023. Heather Frances Kelly trading as HKPhotographs.

1. In this Agreement the terms:

(a) “Picture” includes a photograph, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction.

(b) “Reproduction” includes any form of publication or copying of the whole or part of any picture and whether altered by printing, photography, slide projection (whether to an audience or not) xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means

(c) “The Client” is the person or organisation to whom the invoice is addressed (whether the Client is acting for a third party or not).

(d) “The photographer” is the Sole Trader whose work is used by the client. From herein, they may be referred to as HKPhotographs or Heather Frances Kelly

(a) The entire copyright in the pictures taken during any session is always retained by HKPhotographs throughout the world. HKPhotographs keeps the rights to use any photograph for her own promotion at any time.

(b) HKPhotographs supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or on HKPhotographs grant of reproduction rights in respect thereof. Screenshotting images and resharing them is strictly prohibited.

(c) HKPhotographs asserts both her moral right to be identified as the author of her work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988.

(d) Unless otherwise agreed in writing, if any picture reproduced by the Client omits the copyright notice or credit line specified by HKPhotographs , any fee payable by the Client shall be subject to an increase specified by HKPhotographs, and in any event an increase of not less than 25%.

(e) The photographer will carry out any shortlisting and editing necessary to prepare the portraits for the client’s viewing and selection. The photographer’s choice of image selection is final. Additional editing can be requested but is delivered at the photographer’s discretion and may incur additional charges.

(a) Reproduction rights are not issued exclusively to the Client except when specified on the invoice.

(b) Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights

(c) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.

(d) HKPhotographs reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.

4. (a) The following terms are used when describing the reproduction rights granted by HKPhotographs to the Client:

i. Headshot / Creative portrait usage: self-promotional use by agent and actor/model in his/her/their capacity as a performer including web, print, Spotlight, Many, ActorsAccess and other casting directories, agent mail outs and front of house by employers. Extends to personal social media profiles like LinkedIn/Twitter/Facebook/Instagram etc… if they support the acting/modelling career. Does not include paid-for advertising, i.e. endorsements. All use subject to accreditation.

ii. Please note: any editorial placement must be cleared with HKPhotographs, e.g. If a newspaper, theatre or magazine or billboard wishes to use the photos of you, you must ask them to contact me to arrange a license and fee for usage in writing. Cast and creative announcements are allowed.

(b) The Client shall be entitled to select an agreed number of photos from the session to be retouched and used on the terms agreed in 3.(a), according to the following schedule: ‘Package One’: 4 photos. ‘Package Two’: 2 photos. ‘Package 3’ : 1photo. ‘Or any other creative shoot package agreed via DM or email. Additional photos can be ordered for a fee outlined in the client’s original booking confirmation. Prices for which are subject to change.

(c) The Client is not entitled to receive RAW, unedited photos from HKPhotographs. Any additional photos are to be paid for and edited as outlined above.

(a) HKPhotographs will edit every take and deliver what it considered to be the best selection of every situation covered to be delivered in the online photo gallery.

(b) No addition to, deletion from or alteration to or adaptation of a picture may be made without the written permission of HKPhotographs.

i. Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.

(a) While HKPhotographs takes all reasonable care in the performance of this agreement generally, it shall not be liable for any loss or damage suffered by the Client of by any third party arising from use or reproduction of any picture or its caption.

(b) The Client agrees to indemnify HKPhotographs in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by HKPhotographs.

7. PAYMENT

(a) Payment should be made by bank transfer (made payable to HKPhotographs”), via the details supplied in the booking confirmation email by HKPhotographs. All fees are due on the date of the session by the end of the session.

(b) The deposit fee outlined when booking the client’s session is deducted from the total cost of the session, leaving a remaining fee.

(c) Making changes to any of the packages within 72 hours of the session date and time means the deposit is lost and will not be refunded.

(d) Changes made to any appointment dates or times more than 72 hours in advance of the session means the deposit is transferrable to a new session date and time but cannot be refunded. The Client understands this when booking this package.

(e) For all appointments, any no shows will result in any and all fees paid being lost and non refundable.

(h) The remaining fee of any package is to be paid on the day of the session by the end of the session.

(i) HKPhotographs reserves the right to rearrange, cancel or postpone a session; in such circumstances, the deposit is fully repayable or transferrable.

(j) An invoice will be sent out at the time of booking outlining the date and time that final payment is due by. If changes to the appointment are made more than 72 hours in advance of the session, a new invoice will be sent with a new due date.

(k) If payment has not been received 2 working days after the due date, HKPhotographs will send out a reminder via email. If payment is overdue by 3 working days and no communication has been made between the client and photographer in writing to organise an alternative way to make payment (i.e. in instalments or ammended due date), HKPhotographs reserves the right to charge an additional £40 to the session as a late fee as set by the late payment legislation, even if it is less than 30 days from the issue date. A new invoice will be sent for this.

(l) If payment is then not received 4 working days after the original due date, the client will be subject to an additional daily 8% statutory interest rate from HKPhotographs for each working day that payment remains overdue. HKPhotographs reserves the right to charge an additional 8% statutory interest for each day that payment is overdue on top of the late fee previously outlined. New invoices with additional statutory interest rates will be sent for this daily until payment is received, even if they are less than 30 days from the original issue date.

(m) These terms also apply to any new due date which is agreed in writing between the client and the photographer via invoice.

(n) HKPhotographs reserves these rights to collect debt and charge a late payment fee according to the Late Payment of Commercial Debts (interest) act of 1998. HKPhotographs may consider these invoices as overdue when pursuing legal action for the recovery of said debts.

8. TERMS FOR EACH PACKAGE…

(a) The Photographer will carry out any shortlisting and editing necessary to prepare the portraits for the clients viewing and selection- to ensure that all photos the client receives to choose from meet the photographer’s high standards of quality.

(b) Backgrounds are subject to editing and so can/will often appear different to the gallery images. The client is advised to choose photos based on expression and physical form and not on colours which will be colour corrected in the editing process. The photographer reserves the right to deliver edited images back in their creative style.

(c) Additional editing can be requested but is delivered at the photographer’s discretion and must not interfere with the photographer’s standard of quality.

9. LIABILITY

HKPhotographs The Client agrees to take responsibility for their own safety throughout the session, recognising that there are additional hazards to watch out for in a home photography studio setting, including, but not limited to, lights and light stands, background sheets and background stands, electrical equipment, trip hazards, fall hazards etc. The client agrees to remain vigilant at all times and understands that HKPhotographs is not responsible for any damages or injuries to the client or their belongings.

10. (a) All terms and conditions shall be subject to and constructed according to English Law and the parties agree to accept the exclusive direction of the Courts of England.

(b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.