Terms & Conidtions
TERMS AND CONDITIONS OF CBZ STUDIO LTD
1. DEFINITIONS for this agreement, terms and conditions
(a) Image/Photograph includes transparency, picture, negative, digital scan, design, artwork, Design, painting, montage drawing, engraving, any other item which may be offered for the purposes of reproduction or any other type of physical or electronic material in existence now or yet to be developed.
(b) Reproduction includes any form of publication or copying of the whole or part of any Image 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) CBZ Studio is a trading name of CBZ Studio Ltd, UK registered company.
(d) In the following terms & conditions, “The client” shall be is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party), or in wedding project those people defined as bride and groom on the booking form or any person, body of persons, firm or Company with whom the CBZ Studio enters into a contract for the sale of goods or provision of services. These terms & conditions cannot be varied in any way by the client unless such conditions are expressly agreed by CBZ Studio Ltd in writing.
(e)A person who is not a party to this Agreement shall not have any rights under or in connection with it.
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of England and Wales.
(f) “The Photographer” means Photographer of CBZ Studio LTD.
(g) For the purpose of this agreement “CBZ Studio” and “the Client” shall where the context so admits include their respective assignees, sub-licensees and successor in title. In cases where the CBZ Studio’s Client is a direct Client (i.e. with no Agency or intermediary), all references in this agreement to both “the Agency “ and “CBZ Studio Ltd” shall be interpreted as references to the CBZ Studio’s Client.
(h) For the purpose of this agreement “CBZ Studio Ltd” will mean the Author of the Photograph. And shall where the context so admits include their respective assignees, sub-licensees and successor in title.
(I) All contracts verbal or written are only accepted on the basis that the Terms and Conditions of CBZ Studio Ltd are the only ones applicable.
(j) Other Terms and Conditions proffered by the Client are specifically excluded unless agreed in writing beforehand by CBZ Studio Ltd.
(k) Where time is of the essence Managing Director entirely at its own discretion may accept an instruction given orally, in this event CBZ Studio Ltd shall accept no liability for any error in executing the order.
(l) Unless CBZ Studio Ltd is given prior written notice by the Client, the person placing or signing the order on behalf of the Client is deemed to be authorised to do so.
(m) When a Client’s policy is not to rely on email confirmations, hardcopy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law.
(n) If any provision of this Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
2. Acceptance of Terms and Conditions
(a) All contracts and transactions between CBZ Studio Ltd 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 CBZ Studio Ltd and all or any of its Clients.
(b) 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.
(c) This agreement shall be governed by the Laws of England & Wales.
(d) These Terms and Conditions shall not be varied except by agreement in writing.
(a) The entire copyright is retained by CBZ Studio Ltd at all times throughout the world.
(b) The copyright Designs and Patents Acts assign the copyright of the images to CBZ Studio LTD.
(c) CBZ Studio Ltd 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 CBZ Studio Ltd grant of reproduction rights in respect thereof.
(d) Zubair Abid`s asserts and his company CBZ Studio Ltd, both his moral right to be identified as the author of his work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988. Any unauthorised reproduction of any Images will constitute a breach of copyright.
(e) Unless otherwise agreed in writing if any image reproduced by the Client omits the copyright notice or credit line specified by CBZ Studio Ltd any fee payable by the Client shall be subject to an increase specified by CBZ Studio Ltd, and in any event an increase of not less than 25%
(f) In accordance with the Copyright, Designs & Patents Act 1988, the copyright of all images created by CBZ Studio is owned by Zubair Abid. Unless CBZ Studio gives written authorisation, the Client is forbidden by law to copy any images created by CBZ Studio and agrees that all photographic reprints, digital duplications or copies of any type made from images created by CBZ Studio shall only be carried out by CBZ Studio. The licence to reproduce such images is granted to the Client on the understanding that all invoices are paid within the CBZ Studio’s stated payment terms.
(g) Reproduction rights (if and when granted) are strictly limited to the use specified on the CBZ Studio’s invoice and/or quotation. An agreement must be reached with CBZ Studio before the images are used for a different purpose or after the licence to use has expired. The CBZ Studio reserves the right to charge an additional fee if the images are used for purposes other than what is shown on the invoice and/or quotation.
(h) If the Client wishes to own the copyright of images created by CBZ Studio, an additional fee will be paid by the Client to CBZ Studio 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.
(i) 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. CBZ Studio 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 CBZ Studio in respect of any claims or damages or any costs arising in respect of claims for copyright violation made by a third party.
(j) All original negatives, transparencies and digital files created by CBZ Studio Ltd remain the property of the Zubair Abid. CBZ Studio will ensure that all such materials are stored safely for the Client and make them available for future reproduction in return for the relevant fee.
(k) CBZ Studio reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes.
(l) CBZ Studio retains the entire copyright in the images and work at all times, throughout the World and where reproduction of Works has taken place and settlement has not been made, CBZ Studio will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.
(m) All digital negatives (computer files) remain the property of Zubair Abid. On occasion, the CBZ Studio may supply a copy of the edited digital negatives to the client(s) for their own non-commercial use.
4. Licence and Coverage
(a) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on CBZ Studio Ltd invoice. An agreement must be reached with CBZ Studio Ltd before the pictures are used for a different purpose or after the licence to use has expired.
(b) Reproduction rights are not issued exclusively to the Client except when specified on the invoice.
(c) 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.
(d) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.
(e) CBZ Studio Ltd reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.
(f) All rights to images created will remain with CBZ Studio Ltd. CBZ Studio Ltd reserves the right to display any photographs made in conjunction with this wedding as samples of his work for the purposes of window and showroom exhibit, advertising, promotion on the internet, publication, instruction and professional competition.
(g) Although every effort will be made to comply with the Clients’ requirements, the photographers’ judgment regarding the location, poses and number of photographs taken shall be deemed correct.
(h) For bookings involving a church ceremony photographing of parts or even all of the ceremony may be restricted or prohibited, as may the use of artificial lighting. CBZ Studio cannot accept responsibility for limited coverage in such cases.
(i) Whilst CBZ Studio shall endeavour to fulfil all the requirements of Clients’, they cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings, preventing the coverage of certain specified shots.
(j) CBZ Studio use only quality branded CDs and DVDs and Memory Sticks, ensuring each is checked before dispatch, but it remains the responsibility of the clients to check discs for in-transit damage. CBZ Studio cannot be held responsible for damage to equipment resulting from defective media.
(k) The Clients hereby allow CBZ Studio Ltd to display any images covered by this contract and to generally promote the business by means of advertising, publicity material, websites, exhibitions, competitions, magazine articles, and other such media.
(l) The client(s) hereby allow(s) CBZ Studio to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc.
(m) CBZ Studio Ltd shall be granted artistic licence in relation to the poses photographed and the locations used. Although every effort will be made to comply with the Clients’ requirements, the photographers’ judgment regarding the location, poses and number of photographs taken shall be deemed correct.
(n) For bookings involving a church ceremony or at certain other venues, photographers’ movements are sometimes restricted by the minister or official in charge: photographing of parts or even all of the ceremony may be restricted or prohibited, as may the use of artificial lighting. CBZ Studio Ltd cannot accept responsibility for limited coverage in such cases.
(o) Whilst the CBZ Studio Ltd shall endeavour to fulfil the entire Clients’ requirements, they cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings, preventing the coverage of certain specified shots.
(p) Any alterations made to the booking by the Clients once details have been confirmed may only be made at the discretion of CBZ Studio Ltd. If unable to accommodate alternative arrangements (such as the change of ceremony date or venue) CBZ Studio Ltd is not liable to compensate the client(s) in any way whatsoever.
(q) The intellectual property rights (IPR) and copyright of all images taken will remain that of CBZ Studio Ltd.
(r) Under our terms and conditions, CBZ Studio Ltd reserves the right to use any image for publicity or advertising purposes without any compensation to the parties involved.
(s) Photographs taken during the course of the event will be at the discretion of the CBZ Studio although every effort will be made to comply with the clients requirements.
(t) CBZ Studio shall be granted artistic license in relation to the poses photographed and the locations used. The photographer’s judgement regarding these matters shall be deemed correct.
(u) CBZ Studio shall endeavour to photograph all individuals as requested by the client(s) at some point, but no responsibility will be taken by the photographer on the occasion of leaving somebody out.
(v) For a booking involving a church ceremony or at certain venues, the photographer’s movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the ceremony may not be the photographer’s choice and the CBZ Studio cannot accept responsibility for any obstructed view should this be the case.
(w) Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs.
(x) Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the CBZ Studio Ltd will not be responsible for photographs that are not produced due to technical failure.
The following terms are used when describing the reproduction rights granted by CBZ Studio Ltd to the Client:
(a) Internal Use only: The right to use the pictures only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client’s premises; editorial use in the Client’s intranet site.
(b) PR and Press distribution: The right to use the pictures as described in 4(a); plus a licence for third parties to reproduce such pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication.
(c) Specified Use Only: The right to use the pictures once only for the purpose as described on the invoice.
(d) Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an editorial context only.
(e) Risk in and responsibility for any original transparencies or prints passes to the Client from the time they are received until their safe return. The Client shall immediately inform CBZ Studio Ltd in writing of any loss or misuse of, or damage to the pictures while in the Client’s possession or that of any third party. If a picture is not returned within four weeks of the date for return then CBZ Studio Ltd may in its sole discretion presume it to be lost.
(f) The Client shall be liable to pay compensation to CBZ Studio Ltd in respect of each picture lost or damaged. Payment of compensation does not give rise to any rights in any picture. Compensation levels for the pictures are available from CBZ Studio Ltd upon request. These levels are a genuine pre-estimate of the loss which would be suffered if such a picture were to be lost or damaged. The Client is urged to request these figures and to take out insurance cover to cover the total value of the pictures delivered.
(a) Once the Client has made a booking for a specific time and date, CBZ Studio Ltd will not accept any other work from other clients for those times and dates.
(b) As a result, once a booking is made, Cancellation of a booking four weeks before the booked date, a fee of 50% of the booked service will be charged. If a client cancels one weeks before the booked date than full price for the complete service booked will be non refundable. Where no package has been specified on the booking form, it will be deemed that the client(s) have chosen a package to the value of £1000.00. In addition to this cancellation fee, the client will be charged for any expenses already incurred by CBZ Studio Ltd. The client(s) are hereby advised to take out an appropriate insurance policy to cover any expenses incurred in the event of cancellation.
(a) Until CBZ Studio Ltd has invoiced the reproduction fee neither party is committed to grant or acquire any reproduction rights in any picture. After a fee has been agreed and an invoice issued there is a firm and binding contract whereby CBZ Studio Ltd is committed to grant reproduction rights and the Client to acquire them. If after such invoicing but before payment the Client requests cancellation of the reproduction rights CBZ Studio Ltd may in its discretion cancel subject to the Client paying a cancellation fee.
(b) The Client’s right to reproduce a picture arises only when CBZ Studio Ltd invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or invoices). Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling CBZ Studio Ltd to rescind the Agreement and rendering the Client liable for the payment of damages.
(d) If payment is not made in accordance with (a) above then CBZ Studio Ltd may rescind this 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.
(e) If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 28 days from the issue date, and that CBZ Studio Ltd may consider these invoices as overdue when pursuing legal action for the recovery of said debts.
(f) A fee of £17 (excluding VAT) will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the perusal of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.
(h) CBZ Studio Ltd reserves the right to suspend ongoing services, such as (but not limited to) the Downloadable Web Page or other distribution of pictures, once any invoice issued to a Client becomes overdue, and also reserves the right to inform the reason of this to third parties to whom this suspension of service affects.
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 is appointed, CBZ Studio Ltd may at any time thereafter inspect any records, accounts and books relating to the reproduction of its pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.
(a) CBZ Studio Ltd will edit every take and deliver what it considers to be the best of every situation covered. As a result, contact sheets (or their digital equivalent) will only be supplied to the client in exceptional circumstances.
(b) No addition to, deletion from or alteration to or adaptation of a picture may be made without the written permission of CBZ Studio Ltd.
(c) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
In the case of printed publications, three copies of the relevant pages containing any picture supplied are to be furnished to CBZ Studio Ltd free of charge within two weeks. In other media, evidence of use must be made available if requested.
(a) While CBZ Studio Ltd 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 CBZ Studio Ltd 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 CBZ Studio Ltd.
(c) It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that CBZ Studio Ltd gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any picture. In the event that the picture issued or reproduced by or with the authority of the Client then the Client shall indemnify CBZ Studio Ltd against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
(a) 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.
(b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
13. Additional Charges
(a) Any additional charges incurred, will be recovered from the client and agreed in advance.
(b) Our packages include travelling expenses up to 50 miles from the HA1 postcode. Locations further away than this are charged at 45 pence per mile after the first 50 miles.
(c) CBZ Studio Ltd may require accommodation if the location is at a distance of 50 miles or greater from the HA1 postcode.
(d) Where it is necessary to travel to a location the evening prior to the shoot and when it may be necessary to stay overnight (e.g. where a wedding runs late). The cost of accommodation shall be covered by the client.
(e) Where required any accommodation arrangements must be confirmed with CBZ Studio Ltd before booking.
(F) During wedding shoots where attendance is greater than 4hrs food and beverages must be provided to all CBZ Studio staff (with suitable seating at the venue).
(a) Payment should normally be made by bank transfer or cash deposit to “CBZ Studio Ltd”. 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.
(b) Our terms are strictly net 28 days (four weeks) unless agreed in advance and in writing.
(c) A non-refundable booking fee of 50% will confirm your booking, as well as full acceptance of the terms and conditions as published on the CBZ Studio’s website. If cost of the shoot is less than £300 than full non-refundable payment is required to secure booking for the day. In both cases the relevant balance is due 28 days prior to the booked date.
(d) The booking fee will be deducted from the cost of the client’s chosen package when calculating the final balance due.
(e) Additional goods ordered must be paid for in full at the time of ordering.
(f) Titles to all goods remains with the CBZ Studio until paid for in full by the client(s)
(g) For all non-account Clients, payment for all products and services provided by CBZ Studio must be made 28 days before the assignment. Also for authorised account holders, payment of CBZ Studio’s invoice must be made within 28 days of the date of that invoice. CBZ Studio reserves the right to withdraw account facilities and services without notice should the Client fail to pay CBZ Studio’s invoice(s) within 28 days.
(h) Payment by the Client will be strictly within 28 days of the issue of the relevant invoice for the commissioned work.
(i) Thereafter, further charges may be made for any additional statement, letter (whether as an email, fax, etc) issued for the recovery of the outstanding debt of not less than £15.50 plus VAT each and all other costs for the recovery of debts including bank charges.
(j) A further charge of 5% over the Bank rate from time to time is added to the invoice on the first day following that when settlement should have been made. LATE PAYMENT OF COMMERCIAL DEBTS (INTEREST) ACT 1998 will be enforced.
(k) Where a Client is a company and whether or not that company has gone into liquidation the individual directors will be responsible for all outstanding fees and costs in relation to the contract.
(m) Deposit – payable on booking CBZ Studio Ltd.
(n) Balance of payment – 28 days prior to the booked date.
(o) Extra albums, prints and services – orders with 3rd party suppliers will not be placed until payment is received in full.
(p) No images or work will be released until the final balance is paid in full.
(q) Bookings are made on a strictly first come first served basis. Dates will ONLY be secured upon receipt of the deposit.
(r) Any commission/pitch fee/stand fee agreed in advance is based upon numbers provided by the client. CBZ Studio reserves the right to reduce payment on a pro rata basis if the numbers attending the event are reduced. Any payment will not be due until after the event has taken place.
(a) All packages and additional goods specified on the booking are supplied at the prices ruling on the date of booking. Goods not specified on the booking are supplied at the prices ruling at the time of receipt of the order.
(b) CBZ Studio reserves the right to amend both Prices and these Terms and Conditions without prior notice.
(c) All prices quoted are inclusive of VAT unless stated otherwise. Prices and specifications are subject to change.
(d) Upgrades to album packages are payable at time of ordering; prices agreed on booking are guaranteed until 12 months after the wedding and may then be subject to increase without notice. Digital files will be archived after 2 years; a search fee may then be charged for reproduction and inclusion in albums in addition to prices currently in force.
(e) All reorders shall be treated as an extension of this contract. Reprint prices are subject to change without notice and a search fee may be charged for orders placed after a 2 year period.
(f) Return journeys in excess of 50 miles may attract a mileage charge of 45p per mile. Overnight accommodation may be required for weddings over 50 miles away.
(g) All prices quoted to the Client apply only to the original job description and specifications given to CBZ Studio by the Client. CBZ Studio 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, CBZ Studio shall endeavour to provide an indication of what these additional charges will be.
(h) Any time in addition to that on the Booking Form shall be chargeable at £50 per hour.
(i) Where extra expenses or times are incurred by CBZ Studio as a result of alterations to the original brief by the Client, or otherwise .The Client shall give approval to and be liable to such extra expenses or fees, in addition to the fees and expenses shown on the Estimate as having been agreed or estimated.
16. Travel costs:
Return journeys in excess of 50 miles may attract a mileage charge of 45p per mile. Overnight accommodation may be required for weddings over 50 miles away.
17. Rush Services:
CBZ Studio reserves the right make an additional charge should the Client request a rush service. This service is subject to availability and cannot be guaranteed.
18. RIGHT TO A CREDIT:
The Licence to Use requires that CBZ Studio’s name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). CBZ Studio also asserts his/her statutory and moral right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
19. Force Majeure:
We shall have no liability to you under this Agreement if we are prevented from carrying out our Services by:
(a) The client or bride and groom or wedding party or event not being on time and/or the church, the reception, or the place of the wedding having photography restrictions;
(b) Any inhibiting background, location, or additional arrangements with other photographers; and/or
(c) Any acts, events, omissions or accidents beyond our reasonable control, including strikes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, inclement weather or default of suppliers or sub-contractors.
(d) In the event of incapacitating illness or injury to the Photographer we shall have the option, whenever possible, to mutually agree with you a replacement photographer to carry out the Photo Services. If we cannot agree a replacement then we shall refund to you any fee paid in relation to the interrupted Photo Services in full.
(a) Our entire liability for any breach of this Agreement or any representation, act or omission (including negligence) shall be limited to our fee in relation to our Services and we shall not be responsible for any special, indirect or consequential or pure economic loss, costs, damages, charges or expenses.
(b) The limitation on liability shall also apply in the event that Photos are lost through equipment malfunction, are lost in the mail or otherwise lost or damaged where the Photographer is not liable.
(b) Nothing in these Conditions limits or excludes our liability for death or personal injury resulting from negligence; or any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us.
(c) The Client agrees that in all dealings with CBZ Studio Ltd, CBZ Studio`s liability will be limited to the following sums:
Public Liability: Limit of indemnity – Full Refund of the payment
Professional Indemnity: Limit of indemnity – Full Refund of the payment
If the Clients should have to cancel a booking the following cancellation fees will become due immediately:
(a) The Clients are entitled to a full refund of the booking fee if they withdraw within 14 days of the booking, which is 50% and in the case if the cost of the booking is less than £300 than full amount of booking fee.
(b) The booking fee which is 50%, and in the case if the cost of the booking is less than £300 than full amount, will be forfeited on cancellations made after 14 days.
(c) If a cancellation of a booking is made after 14 days when the booking is made, till four weeks before the booked date, a fee of 50% of the booked service will be charged. If a client cancels less than four weeks before the booked date than full price for the complete service booked will be non-refundable or required if it is still due. Where no package has been specified on the booking form, it will be deemed that the client(s) have chosen a package to the value of £1000.00. In addition to this cancellation fee, the client will be charged for any expenses already incurred by CBZ Studio Ltd. The client(s) are hereby advised to take out an appropriate insurance policy to cover any expenses incurred in the event of cancellation.
(d) Where CBZ Studio Ltd able to rebook the date with an equivalent booking, the cancellation fee may be reduced to the non-refundable booking fee only and any additional cancellation fees already paid will be refunded accordingly.
(e) In the event of postponement, then at the discretion of CBZ Studio Ltd, and subject to availability, monies other than the booking fee may be applied to the new booking.
(f) It is essential to inform CBZ Studio Ltd as soon as possible of any changes of venue, times, or contact details etc.
(g) For cancellations/postponements due to weather conditions, CBZ Studio reserves the right to charge full fee and expenses due to weather conditions on location. In such instances, CBZ Studio may charge in full for 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.
22. Cancellation by CBZ Studio
(a) In the highly unlikely event of cancellation by both CBZ Studio, and unavoidable total services failure, CBZ Studio liability shall be limited to a full refund of any booking fees and fees paid. Re-shoots may be arranged if practicable but CBZ Studio will not be responsible for any further costs.
(b) We will endeavour to appoint another photographer in the unlikely event that they are both unable to attend a booking. However it may prove difficult or impossible to find a skilled replacement photographer at short notice or at the same price.
23. Change of Date:
If you need to change the date of the Services then any new date will be subject to CBZ Studio`s booking availability. We shall use reasonable endeavours to arrange an alternative date for the Services. If we can agree a revised date we will ask you to fill in a new Booking Form which shall constitute a new agreement on these same Terms and Conditions. In the event that we cannot agree another date with you then the deposit will be non refundable.
24. Albums and supplied Prints:
(a) CBZ Studio takes the utmost care while producing prints and albums and all our products are subject to quality control inspections prior to dispatch. Upon receiving our product(s) the client will have 7 working days to report any fault or problem due to shipping or handling to CBZ Studio. CBZ Studio will rectify any fault free of charge during this time period. Faults reported outside 7 working days will be subject to costs.
(b) All wedding albums are collected or posted to the customer via courier at extra cost.
(c) Upgrades to album/photo book packages are payable at time of ordering. Prices agreed on booking are guaranteed until 12 months after the wedding and may then be subject to increase without notice.
(d) Digital files will be archived after 2 years; a search fee may then be charged for reproduction and inclusion in albums in addition to prices currently in force. All reorders shall be treated as an extension of this contract. Reprint prices are subject to change without notice and a search fee may be charged for orders placed after a 2 year period.
(e) All reprints or enlargements ordered by you will be presented in lustre (a professional matt finish) unless otherwise stated by you at time of ordering. Size of reprint or enlargement must also be stated at time of ordering. All orders must be paid in full either by cash or cheque before they are dispatched.
25. Storage of Digital Files:
Once payment has been received and post production completed, CBZ Studio will release the chosen high resolution JPEG files to the client. The client shall be solely responsible for keeping these files safe and duplicate files will incur additional charges.
(a) Save for the purposes of production for the licensed use(s), the Photographs may not be stored or archived in any form without the written permission of CBZ Studio.
(b) Manipulation of the image or use of only a portion of the image may only take place with the written permission of CBZ Studio.
(c) Digital Data is stored by CBZ Studio on the understanding that CBZ Studio is not responsible for the future integrity of that data, or of any failure to retrieve data from CBZ Studio’s archive.
For all images/data supplied to the Client in electronic format (including but not limited to electronic mail, CD’s/DVD’s etc), CBZ Studio will endeavour to ensure that the data sent is not corrupt and is virus-free by scanning the data with Norton Antivirus software before despatch. CBZ Studio 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. The Client agrees to take similar steps to ensure that data sent to the Photographer is not corrupt and/or virus-free.
26. Image Reproduction:
a) Owing to photo chromatic anomalies caused by a combination of certain dyes and materials, especially in man-made fibres, it is sometimes impossible to record on camera the exact colour of materials as perceived by the human eye. When processing images, CBZ Studio Ltd will endeavour to achieve a pleasing overall colour balance based on natural flesh tones.
b) It is understood that some colours may not remain consistent throughout a set of photographs owing to variations in lighting conditions. It is also understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not be identical over the whole range within a subject. The colour balance of prints made at different times or in varying sizes may also be variable.
c) Due to the limitations of computer monitors it is understood that images may appear differently according to the specification of each monitor and that prints will not match images rendered on any particular computer monitor.
d) Where images are made available for use with a personal computer the default operating system shall be Windows 7 home edition. Products may not function on other operating systems.
e) Where images are made available for use on a DVD player reasonable steps are taken to ensure compatibility, but DVD discs may not play on all DVD players, particularly older models.
f) We use only quality branded CDs and DVDs, ensuring each is checked before dispatch, but it remains the responsibility of the clients to check discs for in-transit damage. CBZ Studio Ltd cannot be held responsible for damage to equipment resulting from defective media.
g) All print and presentation sizes quoted are approximate and subject to the discretion of CBZ Studio Ltd.
27. CLIENT CONFIDENTIALITY
(a) CBZ Studio will keep confidential and will not disclose to any third parties or make use of information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.
(b) CBZ Studio 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, CBZ Studio agrees to keep this information secret and not to disclose such information to other parties except as required by law.
The Client shall be responsible for the behaviour of any persons accompanying them to an assignment. CBZ Studio reserves the right to terminate any assignment without notice if he deems the Clients behaviour to be unruly or unsafe. In such instances, CBZ Studio 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 CBZ Studio or his agents for any loss/damage they cause to property or equipment.
29. Delivery of Products and Services
The supply of products and services are provided by CBZ Studio on a best endeavours basis. CBZ Studio will not be liable for delays that are beyond his reasonable control. CBZ Studio shall use reasonable endeavours to meet agreed deadlines where applicable. CBZ Studio 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.
30. Delivery Shortages / Loss and Damage in Transit
(a) Claims for damage, non-delivery or shortages will not be considered unless notified in writing within seven days of delivery.
(b) CBZ Studio will make reasonable endeavours to ensure that items delivered by a third party are suitably packaged for transit. CBZ Studio 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, CBZ Studio will provide suitable loss/damage cover for an additional charge.
(c) Clients who choose to have items returned to them without loss/damage cover do so at their own risk.
31. On The Day & Optional Evening Cover:
CBZ Studio is the only authorised and official photographer for your wedding day. The latest the photographer will work to on any wedding day is 9pm. A hot meal for the photographer must be provided if evening coverage is requested.
32. Optional Pre-Wedding Shoot with Signature Board:
(a) The pre-wedding shoot (PWS) takes place in London. If desired location is 20 miles away from Harrow than extra charges will be applied.
(b) CBZ Studio accepts no responsibility whatsoever for damage caused to/by the signature board during the wedding day. The signature board is supplied “as is” and all use is at the client’s own risk.
33. Artistic Licence:
CBZ Studio Ltd shall be granted full artistic licence in relation to poses photographed and locations used at the photography locations. Due to the unpredictable nature of the weather and the willingness of subjects, it is not always possible to capture certain requested images. No one image shall be deemed ‘more important’ than any other image or be treated as such.
34. Personal Accident:
Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. CBZ Studio Ltd cannot be held responsible for any personal accidents during a photographic shoot.
(a) If a booking is made where CBZ Studio is to be paid solely by monies received at an event from the sale of photographs, or where the Client is to be paid a commission/pitch fee/stand fee CBZ Studio reserves the right to have exclusive photography rights for the assignment. This includes photographs either being offered for sale or free of charge, by any other photography company both at the event and via a website afterwards. This also includes press and other media photographers.
(b) If any other photography company is present without prior agreement with CBZ Studio, CBZ Studio reserves the right to invoice the Client for any loss of earnings incurred.
(c) Unless agreed to in writing on the License to Use and the Invoice no exclusivity is given or implied to The Agency and/or The Client.
(d) CBZ Studio retains the right in all cases to use or sell the images.
(e) Exclusivity will not be unreasonably withheld but only on written agreement with CBZ Studio before work commences.
36. Sign Off Procedures:
(a) In the case of the Bellissimo Album product, once the draft album has been presented to the client for approval the layout of up to 5 pages may be changed. If any additional pages require changing, this will be done on additional charge.
(b) All Albums MUST be signed off by the client prior to production. Once approved the signed off design will be reflected in the final product and the client should be aware that any uncorrected errors will appear in the finished article. CBZ Studio is unable to accept responsibility for any errors or omissions once approval has been given.
(c) In the instance that changes to an album are requested after the final sign off but pre-submission to the manufacturer these changes will be done on additional charge.
(a) The License to Use comes into effect from the date of payment of the relevant invoice(s).
(b) No use may be made of the Photographs before payment in full of the relevant invoice(s) without CBZ Studio’s express permission in writing.
(c) 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 Agency is put into receivership or liquidation.
(d) 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 reached with CBZ Studio 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.
(e) Any reproduction rights granted are by way of licence only and no partial or other assignment of copyright shall be implied.
(f) 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.
38. SUPPLY TO THIRD PARTIES:
The licence only applies to the Client and product stated on the Licence to Use.
(a) It is the Client who must satisfy himself/herself/It’s self that all necessary rights, model releases, clearances or consents which may be required for reproduction of people, places or items depicted within any Works are obtained.
(b) It is acknowledged that CBZ Studio gives no warranty or undertaking that any such rights, releases or consents are or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or Works of art depicted in any picture.
(c) CBZ Studio shall only be responsible for obtaining such clearances if this has been expressly agreed in writing before the shoot.
(d) In all other cases the Client shall indemnify CBZ Studio against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
(e) CBZ Studio will not be liable for any loss or damage, for any consequential loss of profit or income however caused including negligence by CBZ Studio, their employees or agents or otherwise, and it is the Client’s responsibility to insure against such loss or damage.
40. Our Obligations:
We will use reasonable endeavours to supply the our Services as detailed in the Booking Form in a professional manner (time not being of the essence in respect of any of our obligations).
41. Your Obligations:
You agree to co-operate with us in all matters relating to the our Services and to supply us with all information reasonably requested by us in order for us to carry out the Photo Services.
42. Wedding Insurance:
You are advised to take out an appropriate wedding insurance policy if you are booking the our Services for a wedding.
43. Advertising and Promotion:
We reserve the right to use all images for advertising purposes (including website based advertising, leaflets, brochures, postcards, galleries and competitions).
44. OWNERSHIP OF MATERIALS:
(a) Title to all Images remains the property of CBZ Studio Ltd.
(b) When the License to Use has expired the Images must be returned to CBZ Studio in good condition within 28 days and any archived digital files destroyed.
(c) Title to any materials used in producing the Works is not transferred to the Client upon payment of the invoice.
45. Damage to Supplied Equipment:
(a) When CBZ Studio 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.
(b) 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.
46. Retention of Title:
CBZ Studio Ltd reserves the right to retain all of the Clients materials in possession until all monies owed to CBZ Studio have been paid in full. Furthermore, the licence to reproduce images created CBZ Studio will also be revoked until payment has been made.
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.
(a) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.