AGREEMENT OVERVIEW

This agreement contains the entire understanding between 360image Photography and the Client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties.

 

SERVICE AGREEMENT

This confirms my contracting agreement: I agree that 360image Photography shall provide services to photograph your business and/or products to the best of our abilities in accordance with the package selected. Every effort will be made to assure your satisfaction according to industry standards. Any artistic interpretation by the photographer will be deemed acceptable and correct. We do all we can to ensure that you are satisfied with your images and products. We cannot be responsible for dissatisfaction due to circumstances beyond our control.

 

COOPERATION

The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. The expectation is that the client or their authorized representative will be present during the sessions, if the client is not able to be present then 360image Photography shall use its own judgment regarding style and the composition of pictures. This includes but is not limited to locations, poses and number of images taken.

 

IMAGES AND COPYRIGHTS

360image Photography retains the entire copyright of the images at all times, throughout the world unless specific agreements for copyright purchase by the client are agreed in writing. Upon final payment by the Client, the Client is granted limited license to use and or display resulting images. The License to use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission in writing. Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Client or Agency is put into receivership or liquidation. Where restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee to be mutually agreed. Note:  A written agreement must be made with the Photographer before the Photographs may be used for other purposes.  Where uses of an image are made which breach the licence to use further charges will be made. Any reproduction rights granted are by way of licence only and no partial or other assignment of copyright shall be implied. On the Client’s death or bankruptcy or (if the Client is a Company) in the event of a Resolution, Petition or Order for winding-up being made against it, or if a Receiver or an administration is appointed, any licence granted shall immediately cease.

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The copyright and all other rights in the Photos shall be retained by 360image Photography. The Photographer asserts the right to be credited as the author of the Photos in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988. Any unauthorised reproduction or modification of any images will constitute a breach of copyright.

 

The Client(s) & Subject(s) hereby grant to 360image Photography, the irrevocable and unrestricted right to use and publish photographs of the Client and/or the Client’s business and/or products for the promotion of 360image Photography’s business and services, including editorial, trade, advertising and any other purpose and in any manner and medium.

RIGHT TO CREDIT

The Licence to Use requires that the Photographer’s name ‘Andy Fletcher-360image Photography’ will be printed on or in reasonable proximity to all published reproductions of the Photograph(s) e.g. online editorial feature, press feature.  The client is not required to include a credit next to images used on their own website or marketing literature. 

 

LIMIT OF LIABILITY

In the unlikely event that the photographer is injured or becomes too ill or has an extreme emergency that prevents them from photographing the session, 360image Photography will make every effort to reschedule the session. If for whatever reason this is not possible, responsibility and liability is limited to the rescheduling, or return of all payments received for the package purchased. 360image Photography takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond 360image Photography’s control, 360image Photography’s liability is limited to the return of all payments received for the photography package.

 

THIRD PARTY PUBLISHERS (Including Google Street View)

360image Photography cannot be held liable for the policies and requirements of third-party publishers. 360image Photography will exercise all due efforts to ascertain and abide by the policies and requirements of third-party publishers but as those policies and requirements may be subject to change without notice it is not the responsibility of 360image Photography to ensure that any delivered content is published by any third-party publishers. 360image Photography accepts full responsibility for the delivery of the imagery to the client. Any offer of delivery to a third-party publisher is made with the understanding that the imagery will have been made with consideration for the policies and requirements of any publishers but no express guarantees for the actions of another entity are possible at any time.

 

VIRTUAL TOURS

There is no way of knowing how web technology, including browsers, will develop in the future and how that may impact the functionality of virtual tours. If any developments should effect the functionality of the virtual tour, we will strive to work with you should such situations arise but these changes are beyond our control. In no event will the virtual tour experts be liable for loss of data, costs of procurement of substitute goods or services or any special, consequential or incidental damages, under any cause of action. In any event, the virtual tour experts will have no liability arising out of this agreement.

 

SERVICE FEE PAYMENT

Our payment terms are strictly 30 days (four weeks) unless agreed in advance and in writing;

If payment is not made in accordance with above then 360image Photography may rescind any Agreement and recover damages, or may exercise its statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1998.

A fee of £25 will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuance of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.