Terms & Conditions

Definitions

“Photographer” meaning Sabine Kley Carrer del Freser, 60 1-1 08026 Barcelona – SPAIN. “Client”meaning any person, body of persons, firm or Company with whom Photographer enters into a contract for the sale of goods or provision of services by Photographer.

Acceptance of Terms and Conditions

All contracts and transactions between Photographer and 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 Photographer and all or any of its Clients.

Copyright and Ownership

The Photographer shall be granted creative and artistic licence in relation to the choice of poses, lighting effects, artistic style, the number of photographs taken and the digital processing of the images. The Photographer shall endeavour to undertake any set-ups or poses requested by The Client, subject to time available and the willingness and cooperation of the subjects being photographed.

The Photographer has the absolute right to select the images that will be shown to The Client at the viewing. All photographs rejected by The Photographer during the selection process will be permanently deleted and will not be available for The Client to view. The choice and number of photographs shown to The Client will be deemed as correct.

The copyright of all images created by Photographer is owned by Photographer. Unless Photographer gives written authorisation, the Client is forbidden by law to copy any images created by Photographer and agrees that all photographic reprints, digital duplications or copies of any type made from images created by Photographer shall only be carried out by Photographer. The licence to reproduce such images is granted to the Client on the understanding that the license is only granted once all payments are made in full.  Reproduction rights are strictly limited to the use specified on Photographer’s License To Use agreement, issued to the client once all payments are made in full. An agreement must be reached with Photographer before the images are used for a different purpose or after the Licence To Use has expired. Photographer reserves the right to charge an additional fee if the images are used for purposes other than what is shown on Photographers invoice and/or quotation and within the definitions within the Licence To Use.

The license to reproduce requires that Photographer ‘© Sabine Kley’ will be credited on or in reasonable proximity to all published reproductions of the images. Photographer also asserts his 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.

If Client wishes to own the copyright of images created by Photographer, an additional fee will be paid by Client to Photographer for transferring the copyright. The transfer of copyright will only become applicable after this payment has been made in full.

All original negatives, transparencies and digital files created by Photographer remain the property of the Photographer. 

Photographer reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes.

Rejection

Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing. Photographer will use best endeavours to follow any guidelines provided by Client in writing, prior to commencement of the assignment.

Retainer, payment

A retainer of 50% of the Invoice and is to be paid by the client at the time of booking to secure the shoot date, time and the services of the photographer for the shoot and is non-refundable in the event of cancellation.

The remainder of the invoice is to be paid in full the day of the scheduled shoot by the client. Orders will only be processed, and final images delivered once full payment has been made. The photographer accepts bank transfer payments only, these details will be available on the invoice from Sabine Kley.

Cancellation Fees / Overruns

A booking is considered firm from the date of confirmation.

All cancellations must in writing.

If a booking is cancelled within 14 working days of the starting time, Photographer may charge 50% of his fee.

If the client cancels or changes the engagement within 48hours of the shoot, the retainer will not be refunded however the retainer maybe transferred to a different date. 

For cancellations / postponements due to weather conditions, the photographer reserves the right to charge his full fee and expenses due to weather conditions on location.

In the event of any cancellation / postponement, the photographer may charge in full for expenses (e.g. including but not limited to; travel arrangements, location/studio fees, hire of specialist equipment, props, model fees etc), that the photographer may have incurred (or committed to) prior to the cancellation/postponement.

Photographer may make additional charges should an assignment overrun due to circumstances beyond the control of Photographer (e.g. including but not limited to; Client requesting additional photographs over and above Client’s original brief etc).

Work Product

Digital photos will be made available online for download 2 weeks after the shoot and up to 6 weeks after the shoot date. Digital photos will be delivered as high resolution JPEG files in an online gallery. RAW files will not be provided.

Be advised that RAW files may be destroyed at any time after the online gallery has closed.
The client may download images from the online gallery for personal use only. Downloaded images must not be reproduced in any form including for the purpose of being submitted to contests, reproduced for commercial use or in any other form other than as provided for in this agreement or with the express written licence from the photographer.

Payment Terms

Payment for all products and services provided by Photographer must be made upon completion of the assignment, or as stated on the Invoice, whichever is the later. The photographer reserves the right to charge interest on all overdue invoices at a rate of 3% per month above until said invoices have been paid in full. Any or all fees or expenses incurred by Photographer in chasing payment of overdue invoices shall be borne by Client.

Changes to Assignment

All prices quoted to Client apply only to the original job description and specifications given to Photographer by Client. Photographer 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, Photographer shall endeavour to provide an indication of what these additional charges will be.

Representation

Client shall ensure that there is an authorised representative present at the assignment to ensure the correctness of Photographer’s interpretation of Clients brief. In the event of no Client representation, Photographer’s interpretation of the brief shall be deemed as correct.

Confidentiality

Photographer acknowledges that in the performances of the services, he may receive information from Client which is designated by Client as confidential. Upon written request from Client, Photographer agrees to keep this information confidential and not to disclose such information to other parties except as required by law or as necessary to complete the assignment.

Delivery of Products and Services

 The supply of products and services are provided by Photographer on a best endeavours basis. Photographer will not be liable for delays that are beyond his reasonable control. Photographer shall use reasonable endeavours to meet agreed deadlines where applicable. Photographer 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.

Public Display, Marketing and Promotion

The Photographer reserves the right to publicly display and use any of the photographs taken during The Client’s shoot for marketing, promotional, competitions, exhibitions, social media and editorial purposes. If The Client prefers not to have the photographs put on public display, they should inform The Photographer in writing.

Terms

This agreement shall be governed by the Laws of Spain. Photographer reserves the right to amend these Terms and Conditions without prior notice.