Terms and Conditions

1. DEFINITIONS AND GENERAL TERMS

In these Terms and Conditions the words ‘OFF THE WALL PHOTOGRAPHY’ ‘Richard Butcher’ ‘we’ ‘us’ ‘our’ and ‘ours’ refer to Off the Wall Photography, a UK photographer, videographer and imaging company.  The words ‘client’ and ‘customer’ refer to the party who commissioned and/or funded the work and any person or organisation acting on their behalf.

These Terms and Conditions apply to all video and associated audio product created by Off the Wall Photography, including all moving and still images and sound recordings of whatever form.

2. PRE PRODUCTION BRIEFING

It is the Clients responsibility to obtain all necessary permissions including but not limited to performances, branding, trademarked goods and logos, use of intellectual property, imagery, sound recordings and location permissions as required and any other copyrighted material which will form part of the final video production.

No liability will be accepted by Off the Wall Photography for and delays or failure to deliver the agreed product if caused by any element which is the Clients responsibility.

Where copyright material is provided by the client for incorporation into Off the Wall Photography product, permission must be obtained from the original copyright owner / material provider.

The client undertakes to indemnify Off the Wall Photography against any future possible claims, disputes, expenses or costs arising from the use of such material, without time limit. A full production brief must be signed off by the Client before production work begins.

3. PRODUCTION AND POST PRODUCTION

All works undertaken will be as per Off the Wall Photography’s written quotation based upon the agreed production brief.  It is the Client’s responsibility to ensure that this is thoroughly read and understood prior to booking. Any amendments or additional days filming will be charged at our current daily rates.

Clear access for video and sound capture shall be arranged and managed by the Client. If filming venues are being organised by the Client, it is the Clients responsibility to ensure that our production crew and supporting personnel have clear access to all relevant locations required throughout the day. Delays in production as a result of inadequate access or facilities may incur additional charges.

Off the Wall Photography takes Health & Safety matters seriously and we reserve the right in all instances to remove any of our personnel and / or equipment from a location if we deem it to be unsafe or if our crew are subjected to abusive or aggressive behaviour.  In such circumstances the Client will be fully liable for any costs incurred or subsequently arising as a result.  Off the Wall Photography will observe the site safety rules at all times and will liaise with the appropriate Responsible Person(s) named in the production brief.

4. INSURANCE

Off the Wall Photography carries public liability insurance cover of one million pounds.  A copy of our insurance certificate can be provided on receipt of a request to our offices.  Extended or upgraded specific project insurance cover can be provided if required upon request, provided this is agreed at the time of booking and included in the production brief.

5. ADVERSE WEATHER CONDITIONS

In the event of inclement weather which in our opinion would pose a risk to health & safety of our personnel or equipment or has the potential to prevent successful video or audio capture, we reserve the right to change the date or time of filming to a more suitable date or time.

6. CLIENT DELAYS

In the event of filming being delayed or aborted due to the Client’s failure to adhere to the agreed dates, times, access, facilities, organisation or any other matter specified in the production brief, we reserve the right to re-schedule the affected days of filming and to charge for any additional costs which arise.  No refund or credit will be given in respect of costs associated with the delayed or aborted original filming day(s).

7. CHANGES TO THE PRODUCTION DATES

In the event of the Client wishing to change or cancel the filming date we require a minimum of 4 weeks’ notice. Failure to comply will result in the Client becoming 100% liable for all costs associated with the originally scheduled dates.

8. EQUIPMENT CHANGES

In the event that Off the Wall Photography experiences equipment failure or technical difficulties, all efforts will be made to find suitable replacement equipment and/or personnel so as not to delay filming or adversely impact upon the project quality or delivery. The equipment used on the day of filming will be at the discretion of the senior member of the film crew, and no further claims or liability will be accepted.

9. DRAFT FOOTAGE

Under normal circumstances one ‘first cut’ edit will be available for the Client for review and comment.  One set of revisions will be incorporated within the agreed project cost provided that any revisions or amendments fall within the original agreed brief.  The initial edit will be supplied with a Timecode Track for easy identification and changes. Subsequent revisions or significant re-edits will be charged at a rate of £450 per day or part thereof.

10. PROJECT DURATION AND DELIVERY

Any indication given by Off the Wall Photography of a design project’s duration is to be considered by the customer to be an estimation. Off the Wall Photography will do everything possible to meet specific deadlines, providing there is clear communication, prompt payment and regular feedback from the client. In all cases our liability will be limited to the agreed total cost of the project, less any costs incurred by us for any work already done on the project provided such work is within the agreed production brief.  Off the Wall Photography will not under any circumstances be responsible for any loss, damage or costs arising from the late, erroneous, or non-delivery of the product.

11. COPYRIGHT

Off the Wall Photography asserts its full rights as copyright owner of all material that has been captured, processed and/or produced by us, whether or not such material forms part of a finished project.  The copyright of all produced material is solely owned by Off the Wall Photography and is protected under UK law.

12. COPYRIGHT AND USAGE LICENSES(VIDEO)

Where the Client provides material to us for inclusion in any project, including but not limited to logos, images, trademarks, footage and audio, the relevant permission must be obtained in advance from the original copyright holder. By accepting these terms and conditions, the Client hereby indemnifies Off the Wall Photography against any possible claims, disputes, expenses or similar that may arise from breaching any copyright laws or pre-existing terms and conditions attributed to the material

We retain all rights to the usage of footage captured during the production of any client-commissioned project. As part of our video production service, we will grant a time-unlimited licence for use of that footage to the Client subject always to the following express condition: “Off the Wall Photography retains all copyright over any content we produce. A usage licence grants the Client permission to use the content in the state in which we provide it to the Client. Permission is not granted to re-edit, copy or alter the content in any way. We reserve the rights to use any footage and related files from any client-commissioned project in our showreels and for other promotional purposes.

Off the Wall Photography assigns to the Client a licence to use the video production in its complete delivered form only.  We do not give permission for any material to be altered, edited or used as part of another production, unless this is expressly agreed in writing.

Provided that all monies due to us from the Client have been received as cleared funds in our bank account, and provided that the Client is not in breach of anything contained in these Terms and Conditions the Client is granted a perpetual usage licence relating to the video material in its delivered form.

We retain the right to use any of our copyright material for any legal purpose, including its use within projects for other clients unless (a) we have granted an exclusive licence to any Client or (b) the material contains trademarks or specific intellectual or imagery copyrighted by the Client.

13. COPYRIGHT AND USAGE LICENSES(PHOTOGRAPHY)

In accordance with the Copyright, Designs & Patents Act 1988, the copyright of all images created by Off the Wall Photography is owned by Off the Wall Photography. Unless Off the Wall Photography gives written authorisation, the Client is forbidden by law to copy any images created by Off the Wall Photography and agrees that all photographic reprints, digital duplications or copies of any type made from images created by Off the Wall Photography shall only be carried out by Off the Wall Photography. The licence to reproduce such images is granted to the Client on the understanding that all invoices are paid within Off the Wall Photography's stated payment terms.

Reproduction rights (if and when granted) are strictly limited to the use specified on Off the Wall Photography's invoice and/or quotation. An agreement must be reached with Off the Wall Photography before the pictures are used for a different purpose or after the licence to use has expired. Off the Wall Photography reserves the right to charge an additional fee if the photographs are used for purposes other than what is shown on Off the Wall Photography’s invoice and/or quotation.

If the Client wishes to own the copyright of images created by Off the Wall Photography, an additional fee will be paid by the Client to Off the Wall Photography 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.

Usage of the Licensed Images is limited to use of such images as provided by Off the Wall Photography and the Client shall not manipulate any Licensed Photograph or make use of only part of any individual image without the prior written permission of Off the Wall Photography.

The Client agrees to fully indemnify Off the Wall Photography in respect of any claims or damages or any costs arising in respect of claims for copyright violation made by a third party. All original negatives, transparencies and digital files created by Off the Wall Photography remain the property of Off the Wall Photography. Off the Wall Photography 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.

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

Where the Client provides material to us for inclusion in any project, including but not limited to logos, images, trademarks, footage and audio, the relevant permission must be obtained in advance from the original copyright holder. By accepting these terms and conditions, the Client hereby indemnifies Off the Wall Photography against any possible claims, disputes, expenses or similar that may arise from breaching any copyright laws or pre-existing terms and conditions attributed to the material.

14. DAY RATES

A full day is classed as an 8 hour working day. Off the Wall Photography do not work in Half day blocks as most projects will take 1 full day to include data download, collation and first draft edit.

15. AERIAL SERVICES

On occasion it may be necessary to get special permissions from the CAA Or Building/Landowners in order to fly. On such occasions bookings will be subject to an admin fee agreed prior to the shoot. If flying abroad, we may require additional time in order to get permissions to fly. With this, there may also be additional cost.

16. CREDITS

Regarding all editorial uses and otherwise as additionally stated in the Estimate the Client shall procure that the “© Off the Wall Photography” name is printed on or in reasonable proximity to all published reproductions or recordings of the licensed images or footage.

17. REPRESENTATION

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

18. CONFIDENTIALITY

Off the Wall Photography acknowledges that in the performances of the services, they may receive information from the Client which is designated by the Client as confidential. Upon request from the Client, Off the Wall Photography agrees to keep this information secret and not to disclose such information to other parties except as required by law.

19. CONDUCT

The Client shall be responsible for the behaviour of any persons accompanying them to an assignment. Off the Wall Photography reserves the right to terminate any assignment without notice if he deems the Clients behaviour to be unruly or unsafe. In such instances, Off the Wall Photography reserves the right to charge full fees and expenses. The Client will fully reimburse Off the Wall Photography or his agents for any loss/damage they cause to property or equipment.

20. PAYMENT

Our payment terms are strictly 30 days from date of invoice and in the event of an order being confirmed the Client accepts these terms. We reserve the right to charge further interest and late payment fees on all overdue invoices as set out under the Late Payment of Commercial Debts (Interest) Act, 1998. E & OE. We will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms. The Client shall be responsible for all collection or legal fees necessitated by late or default in payment. Off the Wall Photography reserves the right to withhold delivery and any granting or continuation of usage licence of any current work if accounts are not current or overdue invoices are not paid in full. All grants of any license to use our copyright material under this a Agreement are conditional upon receipt of payment in full which shall be inclusive of any and all outstanding additional costs, taxes, expenses, and fees, charges or the costs of administration of changes.

21. PRICES AND TERMS

All prices shown within Off the Wall Photography’s price list are subject to change without prior notice. Off the Wall Photography reserves the right to amend these Terms and Conditions without prior notice.

 All Terms and Conditions stated within this document or stated orally or in writing are deemed acceptable to the Client upon receipt of a confirmed order or instruction to proceed given by any means.  This document shall be taken as an agreement between the Client and Off the Wall Photography under UK law.