All of the photographs on this website are the copyright of Linus Moran Photography and may not be used without permission.

TERMS AND CONDITIONS

All of the photographs on this website are the copyright of Linus Moran Photography and may not be used without permission.

  1. 1. The following words or expressions shall have the meanings stated:“the Photographer” means Linus Moran trading as Linus Moran Photography.
    “the Customer” means the person who has booked and participated in the photo shoot.
    “Material” means all photographs, prints, transparencies, images, negatives, digital scans, digital files, design, artwork, montages, drawings, engravings and/or any other photographic product or other product comprising or containing reproduction of any form of photographic material, and which has been created by the Photographer.
    “Order” means any request, order, commission or instruction by or on behalf of the Customer for creation of Material by the Photographer. This includes any shoots arranged by written and verbal instruction to the photographer.
    “Price” means the price for an order or commission as agreed between “the photographer” and “the customer”.
  2. Any work of any description undertaken by the Photographer pursuant to an Order shall be subject to these Terms and Conditions.
  3. Copyright in all Material is retained worldwide by the Photographer at all times and nothing shall be deemed as a release, transfer, assignment or other disposal of the Photographer’s rights in the Material, save as:

3.1     specifically set out in these Terms and Condition or

3.2     may otherwise be agreed by the Photographer in writing.

  1. In consideration of the Price the Photographer will undertake such work as is necessary to fulfil the requirements of an Order.   4.2     In consideration of the Photographer’s agreement in paragraph 4 above the Customer will pay the Price in accordance with the provisions set out in paragraph 5 below.
  2. An Order shall be subject to the following provisions:

5.1     The Photographer shall be entitled to require a deposit payment on account of the Price in such sum as may be agreed between the Photographer and the Customer prior to the taking of any steps to create any Material.

5.2     All postponements and cancellations must be made to the photographer in writing. In the event of a cancellation of an Order by the Customer, in addition to any entitlement to claim damages for losses arising from such cancellation the Photographer shall, in any event, be entitled to retain the deposit paid and/or agreed. Cancellation of photographic shoot at less than 48 hours is charged at 100% of day rate (including all subcontractors booked). Cancellation at less than 72 hours is charged at 50% of day rate. In all cases a 25% cancellation fee is payable.

A postponement fee of 25% is payable if postponement is made within 7 days.5.3     The Photographer shall be entitled to agree to regard any Order that is not evidenced in writing as invalid. The photographer is also entitled to agree that any order made by telephone, email or any other means of communication as valid and in agreement with Linus Moran Photography’s Terms and Conditions.

5.4     The Photographer licences the Customer to utilise the Material produced as a result of the Customer’s Order to the extent set out in writing between the Customer and the Photographer. Any breach of such licence shall automatically revoke such licence without further notification from the Photographer.

5.5     Unless specifically otherwise agreed in writing between the Photographer and the Customer, the Photographer is entitled to utilise Material ordered by the Customer for the advertising, marketing and promotion of the Photographer’s business.

5.6     The Photographer shall be entitled to sub-contract his obligations under an Order at his discretion.

5.7     Save as otherwise agreed between the Customer and the Photographer, the Photographer shall be entitled to use his judgement regarding the style and artistic input in the production of Material.

5.8     The Photographer shall not be liable to the Customer for any failure, in whole or in part, to fulfil his obligations under an Order where failure arises as a result of an event or circumstances beyond his control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury.

5.9     On completion of the Photographer’s obligations under an Order, the Photographer shall deliver an invoice for the Price to the Customer and the Customer shall pay the Price (or any balance of it) within 30 days of the date of the invoice. Invoice dates are altered to the photographers discretion, shorter due date may be imposed if necessary. Any sum outstanding after the expiry of 30 days shall have the following consequences:

5.9.1 A charge at a rate of 10% per week will be added to the outstanding balance, equating to 520% per annum above the base rate of Barclays Bank plc shall accrue in respect of any outstanding sum. Interest will be charged every 7 days.

5.9.2 Any licence granted by the provisions of paragraph 5.4 above shall be automatically revoked and shall only be capable of reinstatement upon payment of any outstanding sum plus interest and any other costs incurred by the Photographer.

5.9.3  A £5 admin fee will be payable per reminder to the customer to chase invoice payments. No more than one reminder per day will be issued.

  1. Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
  2. All willing participants of any photoshoot will be automatically assumed to be in agreement with a standard model release, wether a release is physically signed or not. No customer can revolk their model release at anytime based upon their changed preferences.
  3. Linus Moran Photography supplies retouched jpeg images to a standard size of 2480 x 3508 px at 300dpi  for print or 595 x 879 px 72dpi for web unless agreed in writing at the time of order. Any changes to sizes or additional retouching made after the order will involve an additional fee to be negotiated.
  4. Linus Moran Photography includes a standard 5 year European licence for copyright for images for commissioned work at full rate, portfolio testing or commissions negotiated down to a reduced rate will include a standard 2 year European licence for personal, portfolio, pr and promotional usage only, unless requested and negotiated in advance of the order. Extended copyright use is calculated at 50% of the photographers current standard full rate fee for the next 5 years and 25% of the fee for any additional 5 years after until a 25 year limit has been reached. After 25 years written ownership must be requested. Please note this request can and may be denied.
  5. Linus Moran Photography does not distribute unedited or raw images unless negotiated in advance in writing, where applicable a full day rate and an additional fee of 500% of the original fee will be payable to own the raw file and include a 25 year copyright buy out.
  6. Any third party publication including all print and online uses of any Linus Moran Photography Copyrighted image must be requested in writing to the photographer prior to publication. Any image used without permission from Linus Moran Photography will carry a minimum charge of 100GBP per image. Charges will vary depending upon the nature of the copyright breach, the number of images used and the scale of the breach. Any publication of images without Linus Moran Photography permission which also breached client exclusivity clauses will involve legal proceedings.
  7. An Order, as evidenced by information in writing and as governed by and together with these Terms and Conditions shall form the entire agreement between the Photographer and the Customer, save as otherwise agreed in writing.
  8. All quotes, estimates and invoices are inclusive of 20% VAT
  9. The contractual relationship between the Photographer and the Customer shall be governed by the laws of England.

Suggested Reading: Freelance Fees GuideCopyright ServicePhotography Glossary

Wedding Terms & Conditions (in additions to those stated above)

1.     The following words or expressions shall have the meanings stated:

“the Photographer” means Linus Moran Photography trading as Linus Moran Photography
“the Customer” means the person who has booked.
“Material” means all photographs, prints, transparencies, images, negatives, digital scans, digital files, design, artwork, montages, drawings, engravings and/or any other photographic product or other product comprising or containing reproduction of any form of photographic material, and which has been created by the Photographer.
“Order” means any request, order, commission or instruction by or on behalf of the Customer for creation of Material by the Photographer.

“Booking” means the date of the photo shoot or event to be covered.
“Price” means the price for an order or commission as agreed between “the photographer” and “the customer”.

 

2.     Any work of any description undertaken by the Photographer pursuant to an Order shall be subject to these Terms and Conditions.

 

3.     Copyright in all Material is retained worldwide by the Photographer at all times and nothing shall be deemed as a release, transfer, assignment or other disposal of the Photographer’s rights in the Material, save as:

 

3.1        specifically set out in these Terms and Condition or

3.2        may otherwise be agreed by the Photographer in writing.

 

4.     In consideration of the Price the Photographer will undertake such work as is necessary to fulfil the requirements of an Order.

4.2        In consideration of the Photographer’s agreement in paragraph 4 above the Customer will pay the Price in accordance with the provisions set out in paragraph 5 below.

 

5.     An Order shall be subject to the following provisions:

5.1        The Photographer shall be entitled to require up to a £250 deposit payment on account as part of the total Price as such sum as may be agreed between the Photographer and the Customer prior to the taking of any steps to create any Material. Booking confirmation will be secured when deposit is paid.

5.2        In the event of a cancellation of an Order by the Customer, in addition to any entitlement to claim damages for losses arising from such cancellation the Photographer shall, in any event, be entitled to retain the deposit paid and/or agreed.

5.3        The Photographer shall be entitled to agree to regard any Order that is not evidenced in writing as invalid.

5.4        The Photographer licences the Customer to utilise the Material produced as a result of the Customer’s Order to the extent set out in writing between the Customer and the Photographer. Any breach of such licence shall automatically revoke such licence without further notification from the Photographer.

5.5        Unless specifically otherwise agreed in writing between the Photographer and the Customer, the Photographer is entitled to utilise Material ordered by the Customer for the advertising, marketing and promotion of the Photographer’s business.

5.6        The Photographer shall be entitled to sub-contract his obligations under an Order at discretion.

5.7        Save as otherwise agreed between the Customer and the Photographer, the Photographer shall be entitled to use his judgement regarding the style and artistic input in the production of Material.

5.8        The Photographer shall not be liable to the Customer for any failure, in whole or in part, to fulfil his obligations under an Order where failure arises as a result of an event or circumstances beyond his control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury.

5.9.1     Full outstanding balance of wedding commission is to be paid 28 days prior to booked wedding date.

5.9.2     If full payment has not been settled 24 hours before the booking, the photographer revokes the right not to fulfil the order.

 

6.     The contractual relationship between the Photographer and the Customer shall be governed by the laws of England.

 

7.     An Order, as evidenced by information on the Booking Form and as governed by and together with these Terms and Conditions shall form the entire agreement between the Photographer and the Customer, save as otherwise agreed in writing.

 

8.     Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.

 

9.     All attendees present at bookings are automatically assumed to be in agreement with a standard model release, whether a release is physically signed or not. No customer can revoke their model release at anytime based upon their changed               preferences.

10.   All online products bought through shopping cart facility will be fulfilled within a reasonable time frame.  Prints and artwork will be turned around within 14 days.  Wedding albums will naturally take longer and may need between  15 to 21 days.

11.  Customers will be updated to expected production / delivery times.