TERMS AND CONDITIONS

These Terms and Conditions ("Agreement") are entered into by and between FourByFive Ltd ("Company") and the client ("Client") engaging the services of the Company. By engaging the services of the Company, the Client agrees to be bound by the terms and conditions set forth in this Agreement.

1. Services

1.1 The Company agrees to provide professional photography services to the Client as mutually agreed upon. 1.2 The scope of services will be outlined in a separate agreement or invoice provided to the Client.

2. Payment

2.1 The Client agrees to pay the Company the agreed-upon fees for the services provided. Payment terms will be specified in the invoice.

2.2 Invoices will be issued once the final content has been delivered to the Client or once the content has been published, broadcast, or otherwise made live, whichever occurs first.

2.3 Late Payment Charges: In the event of non-payment or late payment, the Client agrees to pay interest on the outstanding amount at a rate of 5% for every two-week period that the invoice remains overdue until payment is received in full.

3. Cancellations and Rescheduling

3.1 Cancellation by the Client: In the event of cancellation by the Client, written notice must be provided to the Company as soon as possible.

3.2 Cancellation Charges:

a) If cancellation occurs within 5 days prior to the scheduled shoot date, the Client will be liable to pay 50% of the total agreed-upon fee.

b) If cancellation occurs within 24 hours or less prior to the scheduled shoot time, the Client will be liable to pay 100% of the total agreed-upon fee.

3.3 Rescheduling: The Client may request to reschedule the photography session. The Company will make reasonable efforts to accommodate the request, subject to availability.

3.4 Late Rescheduling Fee: Where a confirmed booking is rescheduled by the Client within 7 days of the scheduled shoot date, and the Company is available for the proposed new date, an additional fee equal to 20% of the original agreed-upon fee will be added to the invoice.

3.5 Unavailable Rescheduled Date: Where a confirmed booking is rescheduled by the Client within 7 days of the scheduled shoot date and the Company is unavailable for the proposed new date, the Client will remain liable for a fee equivalent to the agreed day rate for the original booking date.

3.6 Confirmed Date Commitment: Once a photography session date has been confirmed by both parties (verbally or in writing), the Client acknowledges that the Company may decline other work for that date. Accordingly, any confirmed booking that is subsequently cancelled or rescheduled may be subject to full or partial charges at the Company's discretion to reflect lost business opportunities, whether or not such cancellation or rescheduling falls within the periods outlined above.

4. Hours of Work

4.1 The hours of work will be mutually agreed upon between the Client and the Company.

4.2 Overtime Charges: In the event that the Client requires the Company to work beyond the agreed-upon hours, additional charges apply,

4.3 The standard working hours for photography services provided by Four by Five Ltd are from 9:00 AM to 6:00 PM, or constituting a total of 9 hours. Any photography services that run over the 9hr period are subject to an extra charge of £200 per hour exceed.

5. Ownership and Usage Rights

5.1 The Photographer retains all rights, title, and interest in the photographs, including copyright ownership.

5.2 The Client is granted a non-exclusive, non-transferable license to use the photographs for personal or business purposes, as agreed upon between the Client and the Company.

5.3 Any unauthorized use, reproduction, or distribution of the photographs without the prior written consent of the Company is strictly prohibited.

5.4 By engaging in a photography session with the photographer, it is understood that ownership and copyright of the resulting photographs shall be governed by the following terms. In the absence of prior discussions or agreements pertaining to ownership, the photographer retains full copyright and ownership of all images captured during the session. This includes, but is not limited to, the exclusive right to reproduce, display, and distribute the photographs for personal or commercial purposes, as deemed fit by the photographer. Furthermore, the client understands that the photographer reserves the right to use the images for promotional and marketing purposes, including but not limited to social media, website portfolios, print materials, and exhibitions, without seeking additional consent or remuneration. It is therefore advisable for both parties to discuss and establish ownership terms in advance to ensure mutual understanding and clarity.

5.5 Unauthorised Use of Images: All photographs shared on www.louisbamford.com or Four By Five Ltd’s website, social media platforms (including but not limited to Instagram), or any other online portfolio remain the intellectual property of Four By Five Ltd and/or Louis Bamford. These images may not be copied, downloaded, reproduced, or used in any form- whether for personal, editorial, or commercial use- without the prior written consent of Louis Bamford.
Unauthorised use of any image will result in the Client or offending party being liable for licensing fees and/or legal action, at the discretion of Four By Five Ltd. The minimum fee for unauthorised usage is £500 per image, subject to increase depending on the nature and scope of the use.

5.6 Portfolio and Promotional Use

Unless otherwise agreed in writing prior to the commencement of the project, Four By Five Ltd and/or Louis Bamford reserves the right to use, reproduce, publish, display, and promote any photographs, video content, or other creative assets produced as part of the commissioned work once the content has been approved, published, broadcast, or otherwise made publicly available by the Client.

The Client grants Four By Five Ltd and/or Louis Bamford the perpetual right to use such content for self-promotional, marketing, portfolio, editorial, competition, award submission, educational, and business development purposes. This includes, but is not limited to, use on websites, social media platforms, online portfolios, printed portfolios, marketing materials, presentations, exhibitions, industry publications, and award entries.

Where a Client requires confidentiality, embargo periods, or restrictions on promotional usage, such restrictions must be agreed in writing prior to the commencement of the project.

6. Liability and Indemnification

6.1 The Company will exercise reasonable care and professionalism in providing the photography services. However, the Company shall not be held liable for any unforeseen circumstances or events beyond its control.

6.2 The Client agrees to indemnify and hold the Company harmless against any claims, damages, losses, or expenses arising out of or in connection with the services provided, including but not limited to, claims for copyright infringement.

7. Confidentiality

7.1 The Company acknowledges that it may have access to confidential information during the provision of services. The Company agrees to maintain the confidentiality of such information and not disclose it to any third party without the Client's prior written consent.

8. Governing Law and Jurisdiction

8.1 This Agreement shall be governed by and construed in accordance with the laws of [Your Jurisdiction].

8.2 Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of [Your Jurisdiction].

By engaging the services of the Company, the Client acknowledges that they have read, understood, and agreed to the terms and conditions outlined in this Agreement.