Terms & Conditions of service
TERMS AND CONDITIONS OF COMMISSIONING AND PHOTOGRAPHY FROM MODEL STUDIOS
1. Terms and Definitions:
(a) images includes a photograph, videos, 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 or not altered by printing, photography, slide projection (whether or not to an audience) 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 or not the Client is acting for a third party);
(d) Model Studios Limited administers the licensing of any image and is a company registered in the USA;
(e) These terms and conditions represent the entirety of the agreement between Model Studios and the Client. Any variation is only applicable when agreed in advance and in writing;
2. Copyright and Ownership of Materials:
(a) The entire copyright of any image is retained by Model Studios at all times throughout the world;
(b) Title to all images remains the property of Model Studios Limited;
(c) Images will be licensed for use for a period of 12 months. Model Studios reserve the right to make an additional charge for continued use after this period;
(d) Model Studios is not responsible for the possible use of photographs on Model Studios websites that are not its property, due to a mistake of the administrators of the sites or any other reasons. In the event that any of the photographs shown are your property, please contact us with the details and it will be quickly removed.
3. Use and Reproduction:
(a) The License to Use only comes into effect once full payment of the invoice has been made. No use may be made of the images until full and final payment – including any late payment charges that may have been levied – has been received. Model Studios reserve the right to make a charge of 50% of the original invoice (excluding expenses) when images are used before full payment has been received;
(b) Permission may be granted for image use before payment; however, this permission will be immediately revoked if payment of the invoice is not made by the timescale stated on the invoice;
(c) Unless otherwise agreed all completed images will be made available via the Model Studios Client Login server. It should be noted that the Client Login server is there to provide access to images once a job has been completed. It is not an image library and client images will be removed from the server after a calendar month.
4. Booking and Cancellation:
(a) Once the Client has made a booking for a specific time and date and this date/time has been Confirmed, Model Studios will not accept any other work from other clients for those times and dates;
(b) As a result, once a booking is Confirmed, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule: (i) When a client cancels a confirmed booking within 10 business days of any confirmed date a fee of 30% of the booked time rate will be charged; (ii) When a client cancels photography within less than 10 business days of any confirmed date, a fee of 50% of the booked time rate will be charged; (iii) When a client cancels photography within less than 3 business days of any confirmed date, a fee of 75% of the booked time rate will be charged; (iv) In addition to this cancellation fee, the client will be charged for any expenses already incurred by Model Studios Limited.
(c) Photography Brief: Photography will commence following acceptance and mutual understanding of a written or verbal brief provided by our clients. Re-shoots of rejected photographic images will be chargeable if Model Studios Ltd. has adhered to the brief and our client makes changes to the brief after the images have been shot. Specific instructions about how you wish the products to be photographed must be made clear to Model Studios.
5. Payment Terms:
(a) Our payment terms are strictly net 30 days unless agreed in advance and in writing; Model Studios reserve the right to ask for payment in full prior to image delivery for new clients.
(b) If payment is not made in accordance with (a) above then Model Studios may rescind any Agreement and recover damages, or, at its option, may exercise its statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998;
(c) A fee of $25 (excluding VAT, if aplicable) 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;
(d) All prices are subject to VAT at the applicable rate
6. Liability and Indemnity:
(a) While Model Studios Limited 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 Model Studios Limited 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 Model Studios Limited;
(c) Insurance Details
Model Studios Limited. does not provide insurance coverage whilst our clients’ products are at our studio. If insurance cover is required our clients are advised to arrange their own insurance cover.
Whilst in transit either to or from our studio, our clients’ products should be covered by the insurance provided by the courier tasked with transporting the goods, and it is the client’s responsibility to ensure that the insurance is sufficient to cover the goods transported. Model Studios Limited. accept no responsibility for products lost or damaged in transit, to or from our studios.
7. Applicable Law:
(a) This Agreement shall be subject to and constructed according to the US Law and the parties agree to accept the exclusive direction of the Courts of the US;
(b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
(c) Email communication constitutes a contract in law, unless the Client specifically states they will not accept this and instead provides hardcopy paperwork of all relevant agreements and contracts.
8. Client Confidentiality:
Model Studios Limited will keep confidential and will not disclose to any third parties or make use of information communicated to them in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer or Model Studios Limited to carry out their obligations in relation to the commission.
9. Making Payment
Our payment terms are strictly net 30 days unless agreed in advance and in writing; Model Studios reserve the right to ask for payment in full prior to image delivery for new clients.
Payment by bank is preferred and bank details will be provided on our invoice. We also accept payment by cheque and crossed cheques should be made payable to “Model Studios Limited”.
Please note, when making payment by cheque, proof of postage of remittances is not considered proof of receipt, and clients are advised to send payment by any method affording proof of delivery.