- Introduction and Definitions
These are the business terms of trade (‘Terms’) of Shooting Faces. In these Terms, please note the following definitions:
- ‘Shooting Faces’, ‘we’, ‘us’ or ‘our’ means Shooting Faces;
- ‘Client’, ‘you’ or ‘yours’ means the person, company or firm identified as such in any documentation, to whom services are supplied, or for whom work is undertaken, by us;
- ‘Service’ means Photography service or other such services as provided by Shooting Faces;
- ‘Contract’ means your order for services and our acceptance of it;
- ‘Fee’ means the agreed value to be paid for the services.
We reserve the right to change these terms at any time without notice.
- Orders and Payment Terms
All orders for services placed with Shooting Faces are subject to our acceptance.
Payment in full is due before the booking commences. If the booking is cancelled upto14 days before the confirmed booking date 100% of the fee will be refunded. If the booking is cancelled with less than 14 days’ notice of the confirmed booking the payment will be refunded minus the minimum charge of £300. This payment covers the cost of allocating the time to the Client. If the booking is cancelled by Shooting Faces 100% of the booking fee will be refunded.
Our Photography fees are based on the following standard service provision £300 per site including one portrait and £50 per portrait thereafter
Shooting Faces endeavours to treat all Clients confidentially, and shall take all reasonable steps to ensure that any information is disclosed only to employees of Shooting Faces requiring access to such information to render the services or required by the Client. Shooting Faces are happy to sign a confidentiality agreement should the Client deem it necessary.
- Delivery of Goods and Services
The client will be notified of the delivery time of goods and services upon acceptance of order. Shooting Faces will normally deliver goods and services within 72 hours to the Client in electronic format. The Client will be notified of any delays that are outside of Shooting Faces control.
- Quality of Work
Shooting Faces endeavours to achieve the highest possible standard of work. The Client accepts that the quality of any work completed for the Client is significantly dependent upon: (i) the quality of the Client’s source content; and (ii) the degree of co-operation between the Client and Shooting Faces in reaching a suitable and desired outcome.
- Copyright and Licence Permissions
Contracts are accepted on the express condition that the Client has obtained the appropriate copyright and licence permissions from the copyright/licence holder to use any content which is sent to Shooting Faces as part of the services provided to the Client.
The Client shall indemnify Shooting Faces against any loss, damage, costs or expenses suffered or incurred by Shooting Faces as a result of any claim for infringement of copyright law or defamation in respect of any of the Client’s content.
- Inappropriate Content
The Client shall ensure that any content to be photographed with the intention of publishing it to print or web format does not infringe any applicable laws, regulations or third party rights (including material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous or in breach of any third party Intellectual Property Rights) (Inappropriate Content).
The Client shall indemnify Shooting Faces against all damages, losses and expenses arising as a result of any action or claim that the Client’s content constitutes Inappropriate Content.
- Creative and Usage Rights
Shooting Faces retains certain rights to all of our photographic work. The Client shall hold the ownership rights to the final photograph once approved and all payment settled. Shooting Faces may wish to use the photographs for publicity purposes with the client’s permission.
- Retention of Title
Title to all work shall remain vested in Shooting Faces until all debts due to Shooting Faces by the Client have been discharged in full. The title to all work shall remain vested in Shooting Faces while any unpaid debts, disputed or otherwise, remain outstanding.
In the case of disputed debts, they shall be deemed to be outstanding until extra judicial agreement or the issue of a court judgment to the contrary.
Where goods or services have been delivered to the Client, as long as the title remains vested in Shooting Faces, Shooting Faces shall have the right to recover any such goods or services at any time.
The Client undertakes that it will exercise its best endeavours to cooperate with the exercise of Shooting Faces said right to reclaim and recover its goods and services.
- Force Majeure
Shooting Faces will not be responsible for failure to fulfil its obligations under any contract if such failures are caused by circumstances beyond reasonable control of Shooting Faces, or any of its suppliers or contractors. Such circumstances include (but are not limited to): acts of God, unavailability of materials, equipment failures, strikes, industrial disputes or other labour disturbances.
If the Client is more than one person, their obligations shall be joint and several.
Any notice from Shooting Faces shall be in writing and sent to the principal place of business of the Client or party concerned or other such address as notified for the purpose.
It shall be the responsibility of the Client to inform Shooting Faces of any change of address or contact details in a timely manner.
These terms are part of the legal agreement between Shooting Faces and the Client and form part of the contract.
These terms are governed by English law. Claims against Shooting Faces shall be brought solely in the English Courts. Claims against the Client may be brought in the Scottish Courts or those of any territory where the Client may be resident at the time.
These terms shall not be modified, qualified or nullified in any way unless specifically and expressly agreed by Shooting Faces in writing when accepting a contract.
Each of these paragraphs and sub-paragraphs in these terms are separate from each other. If we are unable to enforce any one paragraph or sub-paragraph in these terms, then our right to enforce any other paragraph or sub-paragraph will not be affected.