Terms & Conditions

Updated March 2020

Unless otherwise stated, in a statement of work or contractual invoice, the below Terms and conditions apply to all work that you engage with Ed Kirwan on. 

1. Definitions

“The Photographer” means Ed Kirwan and is interchangeable with "The Videographer" depending on the work stated. “The Client” means any person, body of persons, firm or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.

2. Acceptance of Terms and Conditions

All contracts and transactions between the Photographer and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Photographer and all or any of its Clients.

3. Copyright and Ownership and Delivery

In accordance with the Copyright, Designs & Patents Act 1988, the copyright of all images created by the Photographer is owned by the Photographer. Unless otherwise stated, the client will receive an edited selection of high-resolution JPEG digital images (number confirmed within invoice). The entire copyright in the photographs is retained by the photographer at all times throughout the world.

Reproduction rights (if and when granted) are strictly limited to the use specified on the Photographer’s invoice and/or quotation. If photo use is not specifically stated, the client shall assume the right to use any delivered photos internally for one year. No commercial use whatsoever is granted unless otherwise stated. An agreement must be reached with the Photographer before the pictures are used for a different purpose or after the licence to use has expired. The Photographer reserves the right to charge an additional fee if the photographs are used for purposes other than what is shown on the Photographers invoice and/or quotation.

If the Client wishes to own the copyright of images created by the Photographer, an additional fee will be paid by the Client to the Photographer for transferring the copyright. This fee will be mutually agreed by both parties. The transfer of copyright will only become applicable after this payment has been made in full.

On instances where the Client requests copies from media that they have supplied, all work is undertaken on the assumption that the Client has obtained written permission from the legal copyright holder for copies to be made. The Photographer may contact the copyright holder of the said image to confirm that authorisation to copy the image has been given. The Client agrees to fully indemnify the Photographer in respect of any claims or damages or any costs arising in respect of claims for copyright violation made by a third party.

All original negatives, transparencies and digital files created by the Photographer remain the property of the Photographer. Should the client request copies of images after initial delivery, the Photographer will, where possible, make them available for future reproduction in return for the relevant fee.

The Photographer reserves the right to make reproductions of images created during any and all assignments, commissions or employment terms for marketing, promotional, competition and editorial purposes.

4. Service Time and Overruns

Any and all photography fees are calculated on a minimum half day basis by the photographer. A half day consists no more than four hours spent on site by the photographer. A full day is calculated on a basis of no more than 8 hours spent on site by the photographer. The Photographer reserves the right to charge an additional £100 per started hour beyond the agreed time. This fee does not include licence to use images beyond personal and/or internal use for the duration of one year.

5. Cancellation

If a booking is cancelled by the Client within one working day of the starting time, the Photographer reserves the right to charge his full fee for the assignment. If a booking is cancelled within 10 working days of the starting time, the Photographer may charge 50% of his fee. For bookings cancelled within 14 days of a booking, 25% of the fee is payable.

For cancellations/postponements due to weather conditions, the Photographer reserves the right to charge his full fee and expenses due to weather conditions on location. In such instances, the Photographer may charge in full for his expenses (e.g. including but not limited to; hire of specialist equipment, vehicles etc), that he may have incurred prior or during the assignment taking place.

In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. Ed Kirwan will make every effort to secure a replacement photographer of the same professional standing and ability able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received.

6. Damage to Supplied Equipment

When the photographer is required to supply equipment with regards to any commission then the client is responsible for the behaviour of their guests using said equipment. This applies whether the photographer is present or not.

Any damage to provided equipment is to be repaired at the client's expense, and the client will also be responsible for any loss of earnings whilst repairs are undertaken.

7. Payment Terms

For first-time clients, payment for all products and services provided by the Photographer must be made 7 (seven) days before the assignment or upon confirmation of assignment dates (whichever is less).

For returning clients, payment of the Photographer’s invoice must be made within 30 days of the date of that invoice. As per the Late Payment of Commercial Debts (Interest) Act 1998, the photographer reserves the right to charge an additional 8% + Bank of England Base rate % of the invoice total should the Client fail to pay the Photographer’s invoice(s) within 30 days. A monthly late payment recovery charge will be added to each invoice - The charges will be: £40 for invoices under £1000, £70 for invoices between 1,000 and 10,000, and a minimum of £150 for invoices of 10,000 or more.

(Videography) For first-time clients, 70% of payment must be made at least 14 days prior to the assignment or upon confirmation of assignment dates (whichever is less). This is due to hiring specialist equipment and other freelancers if needed. The remaining 30% is due before the handover of deliverables. 

For returning clients, 50% of payment must be made at least 14 days prior to the assignment or upon confirmation of assignment dates (whichever is less). The remaining 50% payment is due before the handover of deliverables.

8. Retention of Title

The Photographer reserves the right to retain all of the Clients materials in his possession until all monies owed to the Photographer have been paid in full. Furthermore, the licence to reproduce images created by the Photographer will also be revoked until payment has been made.

9. Fees and Expenses

All prices quoted to the Client apply only to the original job description and specifications given to the Photographer by the Client. The Photographer reserves the right to make additional charges for fees and expenses should these descriptions or specifications differ or change before or during the assignment. Wherever possible, the Photographer shall endeavour to provide an indication of what these additional charges will be.

All fees and expenses are relatable to the technicalities and specificities of the job. Hence, especially in videography, these fees may change between jobs.

10. Representation

The Client shall ensure that there is an authorised representative present at the assignment to ensure the correctness of the Photographer’s interpretation of the Clients brief. In the event of no Client representation, the Photographer’s interpretation of the brief shall be deemed as correct.

The photographer is limited by the guidelines of site management. The Client agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is The Client’s responsibility; 'Ed Kirwan' will offer technical recommendations only.

11. Delivery Shortages / Loss and Damage in Transit

Claims for damage, non-delivery or shortages will not be considered unless notified in writing within seven days of delivery.

The Photographer will make reasonable endeavours to ensure that items delivered by a third party are suitably packaged for transit. The Photographer cannot accept liability for loss or damage caused by a third party. For valuable items, the Client should take out suitable insurance cover. Upon written request, the Photographer will provide suitable loss/damage cover for an additional charge.

Clients who choose to have items returned to them without loss/damage cover do so at their own risk.

12. Confidentiality

The Photographer acknowledges that in the performances of the services, he may receive information from the Client which is designated by the Client as confidential. Upon request from the Client, the Photographer agrees to keep this information secret and not to disclose such information to other parties except as required by law.

13. Conduct

The Client shall be responsible for the behaviour of any persons accompanying them to an assignment. The Photographer reserves the right to terminate any assignment without notice if he deems the Clients behaviour to be unruly or unsafe. In such instances, the Photographer reserves the right to charge his full fees and expenses as described in clause 4 of these Terms and Conditions. The Client will fully reimburse the Photographer or his agents for any loss/damage they cause to property or equipment.

14. Liability

The Client agrees that in all dealings with the Photographer, the Photographer’s liability will be limited to the following sums:

Public Liability: Limit of indemnity – £2,000,000

Professional Indemnity: Limit of indemnity – £50,000

When the photographer is required to supply specialist equipment with regards to any commission then the Client is responsible for the provision of suitable insurance cover for any third party person or persons using that equipment. This applies whether the Photographer is present or not.

 

The photographer's insurance documents stating the level of insurance are available on request.

15. Delivery of Products and Services

The supply of products and services are provided by the Photographer on a best endeavours basis. The Photographer will not be liable for delays that are beyond his reasonable control. The Photographer shall use reasonable endeavours to meet agreed deadlines where applicable. The Photographer shall not be liable for any delays in meeting any of his obligations which were due to causes beyond his reasonable control including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit etc.

16. Prices & Terms

The Photographer reserves the right to amend both Prices and these Terms and Conditions without prior notice.

17. Rush Services

The Photographer reserves the right make an additional charge should the Client request a rush service (shorter than 5 working days). This service is subject to availability and cannot be guaranteed.

18. Images/Data Supplied in Electronic Format

For all images/data supplied to the Client in electronic format (including but not limited to electronic mail, CD’s/DVD’s etc), The Photographer will endeavour to ensure that the data sent is not corrupt. The Photographer cannot be held responsible for any damage, disruption and/or loss of any kind that the said media may cause to the Clients computer or data.

19. Law

This Agreement shall be subject to and constructed according to English Law and the parties agree to accept the exclusive direction of the Courts of England. If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.

 

Privacy Statement

Updated January 2020

The Photographer is committed to protecting your personal information.

This Privacy Policy sets out how we will use the personal information we collect from you. By visiting our website or by using any of our services, you agree to your personal information being used as described in this policy.

What types of information will we collect from you?

We may collect and use:

  • Information you choose to provide when you communicate with us, such as your name, photo, contact details etc.

  • Any other information you choose to provide to us, for example when you send us feedback, enquiries or engage with us over social media.

  • Information about the services we are providing to you, and have previously provided to you.

  • Any publicly available information

 

In some cases, the information we request will be mandatory. Without this information, we will not be able to provide you with the services you have asked for. Unless we tell you otherwise, information we request is not mandatory but, in some cases, without it the services you receive may be less tailored or relevant to you.

How will we use the information it collects about me?

We will use your personal information to:

  • deliver our services to you

  • personalise your browsing experience

  • create improvements to our website and services

  • send you information about services we think will be of interest to you

  • provide you with online advertising

  • analyse website use and browsing habits, in particular to identify popularity of particular areas of the website, identify errors and inefficiencies, block disruptive use, and determine locations users are accessing the website from

 

The information we collect may be transferred to countries other than where you reside (for example, Wix stores the data it collects in the United States). We will protect all information we receive in accordance with this policy.

What personal information may be shared with third parties?

  • We will add your personal information to our databases stored on Google Drive. Google will store this data in accordance with the terms of its privacy policy (https://www.google.com/intl/en_US/policies/privacy/#infocollect), and only for the purposes we’ve authorised.

  • We will share your information where required to do so by applicable law or regulation, or where asked to do so by any governmental body or court order.

 

What are your rights to the personal information we hold?

 

We will keep all personal information we have about you accurate and up to date. To do this, we rely on you to notify us if your personal details change or if you become aware of any inaccuracies in the personal information we hold about you. We will destroy any inaccurate or out-of-date personal information.

We will retain your information for as long as is strictly necessary for our records and to continue to provide you services with that are relevant to you. We will never keep your information longer than is necessary or permissible under applicable laws and regulations. If you believe we have held your information for too long, or you wish to have it deleted, updated, or to have its processing restricted, you can contact us on contact@edkirwan.co.uk.

Changes to this policy

Our policies change frequently as we evolve and improve the site and the services we offer. We may, from time to time, need to update our Privacy Policy. Any such changes will be posted on this page.

Violations

If you become aware of any violation of this policy, you should report the matter immediately by sending an e-mail to contact@edkirwan.co.uk