Terms & Conditions

Terms & Conditions

Thomas David Media

01/08/2023

1. Definitions

a. The definitions of specific words used in this document are defined here. For the purposes of these terms and conditions the ‘photographer’, ‘Filmmaker’, ‘Videographer’, ‘Editor’, ‘TD Media’, ‘Thomas David Media’ is Thomas David Yeu, trading as Thomas David Media.

b. The ‘Client’, ‘Customer’ is anyone who agrees that there is work to be undertaken as requested as specified in the form provided as ‘Contract of Work’. The ‘Client’ or ‘Customer’ is the person or business name that is referred to in section 1. of the ‘Contract of Work’ document.

c. ‘Images’, ‘Imagery’, ’Photo’, ‘Photograph’, ‘Video’, ‘Footage’, ‘Clip’, ‘Data’ refers to any digital, physical, electronic picture or video taken by the Photographer/Videographer, whether they be prints, photographs or any other form of physical or electronic material.

2. Copyright & Ownership of Images

a. The ‘Copyright, Designs and Patents Act 1988’ defines the copyright of the images to the Photographer/Videographer. The images/videos rights belong to the Photographer/Videographer, which includes the copyright, title and intellectual property rights, indefinitely, at all times and regardless of location.

b. The Client takes responsibility of copyright for any audio track they have selected. Thomas David Media will advise the Client of any copyrighted audio used in the video.

3. Rights to Credit

a. The Photographer/Videographer can claim the right to be identified and credited where necessary or possible, to the images taken or work carried out in accordance with section 77 to 79 of the ‘Copyright, Designs and Patents Act 1988’.

b. The Client allows the Photographer/Videographer to use or display any image(s) taken by the Photographer/Videographer, in the required areas of the Photographer/Videographer. The usage of Client images will generally be for the purposes of advertisement, promotion, websites, social media, sample images, brochures, magazine articles etc. at any time or any location in the world.

4. Usage, License & Reproduction

a. Images taken in public are to be used anywhere the Photographer/Videographer so wishes unless specified in the ‘Contract of Work’.

b. Private shoots (not in public) are required to have a ‘Model Release Form’ signed unless agreed between both parties.

c. Images captured during the customer(s) required task/event, are at the discretion of the Photographer/Videographer. The Customer/Client may make certain requests; however, every effort will be made to oblige, the decision is purely up to the Photographer/Videographer.

d. Thomas David Media will not use the images in any bad taste that may harm the Client’s reputation, unless stated in the ‘Contract of Work’, where the image may be specifically used for (example: a photoshoot for an adult/nudity magazine or website).

e. The images provided by the Photographer/Videographer are the property of Thomas David Media as specified in section 2a, the reproduction or manipulation/editing of these images are to be discussed with the Photographer/Videographer and if consent is given, it is to be in writing.

f. The license(s) on the images usage and duration limit will be covered in the ‘Contract of Work’, their specific use will be defined in the ‘Contract of Work’ and are not be used outside of those specifications.

g. If the license(s) on the images has expired, if the Client wishes to extend the license, they are to contact Thomas David Media. If the license(s) have been agreed to be extended by Thomas David Media and an additional fee will be settled, which will be in writing.

h. The images provided to the Client by the Photographer/Videographer are not to be loaned, sold, or transferred to any third party.

i. The Client who must satisfy their selves that all necessary rights, model releases or consents which may be required for reproduction, if applicable, are obtained and it is acknowledged that the Photographer/Videographer gives no warranty or undertaking that any such rights, model releases or consents have been or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any picture. In the event that the Image issued or reproduced by or with the authority of the Client does not have the necessary rights, releases or consents, then the Client shall indemnify the Photographer/Videographer against all expenses, damages, claims, or legal costs arising out of any such failure.

5. Coverage

a. Images taken by the Photographer/Videographer may or may not be the same detail, colour, sharpness etc. throughout the shoot as different cameras may be used, however Thomas David Media will do their utmost to keep the images consistent.

b. Due to variable factors such as weather conditions, lighting conditions, different cameras and their limitations, the photos provided by the Photographer/Videographer may differ throughout the photographs or video footage provided.

c. Certain establishments and situations may limit the movement of the Photographer/Videographer such as weddings, by the official in charge or by the number of persons in attendance. The images may not be taken in the photographers/videographers preferred area of choice and therefore the Photographer/Videographer cannot be held accountable for limited, obstructed, or restricted views on the images if this were to be the case.

d. Customer requests are not a compulsory instruction to the Photographer/Videographer, although, the Photographer/Videographer will attempt the utmost effort to fulfil the request(s), although there is no guarantee that any image will include a specific location, background, weather setting or group arrangement due to the natural changes in weather or the will or availability of subjects or persons.

e. Equipment used by Thomas David Media is regularly checked and maintained, although from time-to-time electronic equipment may in some cases overheat or malfunction, therefore Thomas David Media will not be held responsible for any data loss or missed opportunities.

6. Payment & Charges

a. A non-refundable booking fee of 50% of the total agreed value on the ‘Contract of Work’ or ‘Invoice’ is required upon signing the ‘Contract of Work’. Booking is not confirmed until the non-refundable booking fee has been paid.

b. Payment can be made by Bank Transfer (BACS) or cash.

c. Payment in full of the remaining balance of the total agreed value on the ‘Contract of Work’ is due to be paid 14 days prior to the work being carried out. If the payment is not made within 14 days of the work being carried out the work can be cancelled by the Photographer/Videographer.

d. If the service is required within 14 days of booking, the full balance is required to be paid.

e. If the Photographer/Videographer provides a quote to the Client, the fee will be charged at that agreed rate. The Photographer/Videographer generally requests a brief at the time of booking (in writing by social media accounts from @thomasdavidmedia, @thomas_david_media or by email thomasdavidmedia@gmail.com or info@thomasdavidmedia.co.uk).

f. Extra expenses may be incurred such as storage and transferrable devices, parking, congestion charges, road tolls, travel etc. Travel includes a free 20-mile trip, any mileage further will be charged at 45p per mile. The 20-mile trip includes return journeys.

g. Extra charges may be incurred if any alterations of work are requested (such as location, time, edits etc.) after the brief or photography/videography work including editing has taken place.

h. If the Client(s) are late to the appointment discussed (as described in the ‘Contract of Work’) an additional fee for any extra time required will be incurred or the agreed duration will be carried out. The Photographer/Videographer will inform the Client that an extra charge will be incurred if any work is carried out after the agreed hours, this is a mutual agreement between both the Client and Photographer/Videographer that is important and to be respected by all parties involved.

i. If it becomes apparent when the job starts that it is much bigger or different job to the agreed brief it will be made clear to the Client that the photographer’s/videographer’s fee may increase. If the Photographer/Videographer is unable to contact the Client/payer of invoice at that time work will stop until contact has been made.

j. On the occasion that incorrect information is given by the Client regarding a booking (wrong location, wrong time etc.) or the Client fails to arrive at the agreed location/time, the full fee will be charged to the Client.

7. Force Majeure

a. In the unlikely event(s) that a cancellation (must be provided by the Photographer/Videographer in writing and signed either by letter or PDF) prior to the event by the Photographer/Videographer may occur, a full refund, including the non-refundable booking fee, will be provided.

b. In the unlikely event the camera(s) fail(s) and work cannot continue, this being deemed out of the Photographer/Videographer’s control, a partial refund of 50% of the quotation (that does not include accessories like USB memory sticks/flash drives) on the ‘Contact of Work’ will be paid back to the Client.

c. In the unlikely event that the Photographer/Videographer cannot attend the event for any cause outside their control (such as sudden illness, death of a family member, injury, victim of crime, vehicle breakdown, traffic conditions, flooding, accident etc.) another Photographer/Videographer will be contacted to replace. Extra charges may apply if the other Photographer/Videographer’s price is a higher rate than Thomas David Medias. Thomas David Media will transfer funds already paid to the other Photographer/Videographer or issue a full refund to the Client.

8. Cancellation/Rescheduling Fees

a. Cancellation by the Client(s) for any reason outside the 14-day period of the event, the remaining balance will not be required – the non-refundable booking fee will not be refunded.

b. Cancellation by the Client(s) for any reason inside the 14-day period of the event, no refund will be given. The Client(s) are hereby advised to take out an appropriate insurance policy to cover any expenses incurred in the event of cancellation.

c. Rescheduling outside the 14-day period of the event is permitted and no additional fees are required.

d. Rescheduling within the 8-day to 14-day period prior to the event, will result in a 25% rescheduling fee.

e. Rescheduling within the 7-day period prior to the event, will result in a 50% rescheduling fee.

9. Digital Files

a. All digital files are property of the Photographer/Videographer. All provided images/files are supplied to the Client(s) as a copy in an edited state for the Client(s) own non-commercial use.

b. If the digital files are lost, damaged or destroyed beyond the control of Thomas David Media, a partial refund (50%) shall be paid back to the Client(s), however any goods or services provided will not be included in this partial refund.

c. Digital files will be stored up to 1-year from the completion date of the supply of files. The Client(s) may request that Thomas David Media retains the files longer at an agreed price.

d. Digital files are to be transferred by USB memory stick/flash drive supplied by Thomas David Media, which is for the Client(s) to keep as their own. The USB memory stick/flash drive can be provided by the Client(s) but must be to the specification of USB 3.0, up to 100mb/s or higher & 128gb or above. Supplied USB memory sticks are priced on quotation and may vary from quote to quote due to inflation or supplier pricing.

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

10. Personal Accident/Injury

a. Any directions issued to Clients, their guests or employees during a photographic/videographic shoot are deemed to be at said person(s) own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.

b. Any injury at the potential fault of the photographers may require to go through Thomas David Media’s Public Liability Insurance.

11. Delivery

a. Thomas David Media will endeavour to supply the digital files as quickly as possible. Thomas David Media estimates it should take around 2 weeks for the Client(s) to receive their files, however during busy periods, it may take anywhere up to 4 to 8 weeks.

b. Transfer of files can be processed different ways. It is free through Google Drive however, the size of the Client(s) digital files may exceed the size of the Google Drive (15Gb at the time of this document being written), which therefore will be unable to process through this method and will require a USB (as stated at Section 8 Step E)

12. Day of Work

a. The Photographer/Videographer will be the sole professional at the venue specified unless previously agreed in the ‘Contract of Work’. Thomas David Media encourages family and friends and other guests to actively take their own photographs/videos throughout the day.

b. The Photographer/Videographer will not take photos during mealtimes and will use this time for a break themselves. A meal is not a requirement; however, it would be greatly appreciated if one were to be provided. If a meal is not provided, please inform either Thomas David Media or the Photographer/Videographer so meals can be prepared or purchased and taken to the venue.

c. Travelling from a location to another location and setting up of any extra equipment (not including cameras and their lenses) is considered part of the service and therefore will be incurred in the cost.