1. Scope of work
This contract is for services and products related to a photography shoot. KOBE STILL ARTWORK will perform basic and advanced post-processing or digital image editing services on any photos or videos taken where artistically necessary.
2.Fees
2.1 Shoot fees
In consideration for the photography services provided by KOBE STILL ARTWORK, CLIENT agrees to pay or has paid towards the agreed-upon sum previously disclosed. CLIENT agrees to pay the photographer a non-refundable initial payment totaling £120 (one hundred and twenty pounds) or the total price of the photography services, (if lower than the sum of one hundred and twenty pound and a penny) upon signing this contract or within 5 business days of signature. The initial payment reserves the photographer’s time and is not a retainer or deposit. KOBE STILL ARTWORK agrees to not advertise the availability of the time slot to any other clients. If the CLIENT cancels this shoot for any reason, the initial payment will not be returned to the CLIENT.
The balance of the payment for photography services must be paid in full before or on the day of the shoot. If this is not done then an additional charge of 10% (ten percent) will be added to the total price of the photography services. The payment must be made in full no later than 7 days after the final warning is issued. Until payment is made all products (free or paid for) will be withheld.
2.2 Additional purchases
If the CLIENT is required to purchase photos separately after the shoot, payment for those items must be paid in full before the items can be dispatched.
Prices for all additional items can be found in the tables below.
All orders must be sent to info@kobestillartwork.co.uk with the picture name and type of item and size.
3. Work Product
KOBE STILL ARTWORK will deliver proofs of photos to CLIENT no more than 30 (thirty) days after the date of the shoot. CLIENT understands and agrees that proofs are the exclusive property of Kobe Still Artwork and CLIENT has no right to these photos except for a license to review them, but not store or use the proofs.
All photos delivered to CLIENT are licensed for CLIENT’S personal use only. Any distribution of any images from this shoot must be ‘tagging’ on the relevant Social Media (@KobeStillArtwork) and must be posted with all copyright watermarks. Failure to do so can result in a delay in orders or legal action.
4. Indemnification
4.1 KOBE STILL ARTWORK and CLIENT agree that KOBE STILL ARTWORK is under no obligation to capture any specific moment or pose or person(s) during the shoot.
4.2 If KOBE STILL ARTWORK is unable to perform the services in this contract due to any cause outside its control, CLIENT agrees to indemnify KOBE STILL ARTWORK for any loss, damage or liability.
4.3 CLIENT agrees that KOBE STILL ARTWORK has no responsibility to compensate following damage, or loss related to technological failure including data loss.
4.4 CLIENT understands and agrees that KOBE STILL ARTWORK is not required to maintain copies of the photos from this shoot sixty days after the photos have been delivered to CLIENT.
4.5 CLIENT understands that should non-payment or any other reason that may delay delivery of images occur, that KOBE STILL ARTWORK is not required to maintain copies of the photos from this shoot for longer than six months, as detailed within our privacy policy.
4.6 CLIENT agrees to hold KOBE STILL ARTWORK harmless for any personal injury which may occur as the CLIENT poses or works with the KOBE STILL ARTWORK. For this reason, the CLIENT must be aware of their surroundings and take safety into consideration at all times.
5. Duty of Client
The CLIENT will obtain all permissions necessary for KOBE STILL ARTWORK to photograph at the shoot. KOBE STILL ARTWORK has no duty to obtain the permission of reception centers, churches, buildings, properties, or other locations to operate. The CLIENT understands and agrees that any failure to obtain such permissions resulting in fines, or which prevents the KOBE STILL ARTWORK from photographing the event(s) is not the fault, liability, or responsibility of the KOBE STILL ARTWORK. Any and all fines are to be paid by the CLIENT.
6. Exclusive Photographer
The CLIENT agrees that no other party other than the KOBE STILL ARTWORK may take pictures of any poses, lighting situations, or setups made by the photographer. This slows down the photographer’s work and violates the photographer’s right to take photographs of the event. CLIENT agrees to take responsibility for insisting that no person(s) get in the way of the KOBE STILL ARTWORK or take pictures in these situations.
7. Model Release
CLIENT and any MODEL grants permission to KOBE STILL ARTWORK and its assigns, licensees, and sublicenses, permission to use CLIENT’S image or likeness in any and all forms of media for commercial purposes, trade, personal use, or any and all other uses. Therefore, KOBE STILL ARTWORK may use the CLIENT’S likeness and image on KOBE STILL ARTWORK’S website, social media, and any other advertising. KOBE STILL ARTWORK may sell photos containing CLIENTS’ likenesses to third parties. The CLIENT also agrees to the photographing of any and all minors involved and has the appropriate permissions to allow this, this includes any SIGNED documentation from PARENTS and/or GUARDIANS.
8. Assignability and Parties of Interest
CLIENT agrees and understands that, unless otherwise specified in this contract, CLIENT is not contracting personal service that will be performed by any specific photographer. KOBE STILL ARTWORK may sub-contract or assign this contract to any second shooter, KOBE STILL ARTWORK may assign any photographers associated with KOBE STILL ARTWORK to perform its duties under this contract.
9. Signature
By signing this document both the CLIENT and any MODELs understand and agree to any and all clauses in this contract, and agree to take legal responsibility for any consequences that non-compliance can lead to.