Terms and Conditions | Opus Photografix

Terms of Use & Privacy Policy

These are industry standard terms and conditions courtesy of the Association of Photographers and the Association of Editorial Photographers UK

1. Definitions & Interpretations

(a) Photo - includes any photograph, digital image, digital scan, image file, transparency, negative, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction taken by Danny Marsh.

(b) Reproduction - includes any form of publication or copying of the whole or part of any photo by Danny Marsh and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist's reference, artist's illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means.

(c) Client - the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party).

(d) Services - the event or series of events during which we provide photographic services to you, the Client.

2. Copyright
(a) Under the 1988 Copyright Designs & Patents Act, the entire copyright on the images is retained by Opus Photografix at all times throughout the world.
(b) Opus Photografix supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those images in a given context. No property or copyright in any images shall pass to the Client, whether on its submission or on Opus Photografix's grant of reproduction rights in respect thereof.
(c) Opus Photografix has the right to use any photographs for display, publication or competition unless specifically requested and agreed with the client beforehand.

3. Use
(a) The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No images may be used before full payment of the relevant invoice(s) without the express permission of Opus Photografix. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Client is put into receivership or liquidation.
(b) Reproduction rights granted are personal to the Client and may not be assigned, nor may any image submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights.
(c) Opus Photografix reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.
(d) Reproduction rights are not issued exclusively to the Client except when specified on the invoice. This is subject to an extra charge.
(e) Permission to use the images for purposes outside the terms of the Licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use.
(f) Unless otherwise agreed in writing, all further Licences in respect of the images will be subject to these Terms & Conditions.

4. Indemnity
(a) While Opus Photografix take all reasonable care in the performance of this agreement generally, they shall not be liable for any loss or damage suffered by the Client or by any third party arising from use or reproduction of any image or its caption.
(b) The client agrees to indemnify Opus Photogrfafix in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any image supplied to the client by Opus Photografix.
(c) It is the client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Opus Photografix gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any image. In the event that the image issued or reproduced by or with the authority of the client then the client shall indemnify Opus Photografix against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.

5. Payment

(a) Accepted payment methods for all services are - BACS transfer, cash or PayPal.

5.1 - Private Services (studio & location portraits & party photos)

(a) Full payment is due on the date services take place. Any invoices are to be made payable to Opus Photografix. Payment details will be supplied with the invoice. Proof of postage of any remittances is not considered proof of receipt, and clients are advised to make payment by any method affording proof of delivery. We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the Late Payment of Commercial Debts Act if we are not paid according to the agreed credit terms.

(b) Photos will only be dispatched to the client once outstanding payments have been settled in full.

(c) If payment is not made in accordance with (a) above, then Opus Photografix may revoke this agreement and recover damages or, at their option, may exercise their statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1998.

(d) Where extra expenses or times are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise, the Client shall give approval to and be liable to such extra expenses or fees, in addition to the fees and expenses shown on the Estimate as having been agreed or estimated. All expenses will be itemised in a second invoice, which will be sent to the client once the session has finished.

5.2 - Commercial Services (product & commercial photos)

(a) Payment terms are strictly 30 days from the date of invoice and are to be made payable to Opus Photografix. Payment details will be supplied with the invoice. Proof of postage of any remittances is not considered proof of receipt, and clients are advised to make payment by any method affording proof of delivery. We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the Late Payment of Commercial Debts Act if we are not paid according to the agreed credit terms.

(b) Photos will only be dispatched to the client once outstanding payments have been settled in full.

(e) Opus Photografix reserve the right to suspend ongoing services, such as (but not limited to) the Downloadable Web Page or other distribution of images, once any invoice issued to a Client becomes overdue, and also reserves the right to inform the reason of this to third parties to whom this suspension of service affects.

5.3 - Studio Hire

(a) A booking fee is required to secure your booking. This amount will be 50% of the total hire rate; failure to make this payment may result in your studio time being offered to another client. The balance of the fee is due on the the day of the hire, before the session begins. Opus Photografix reserves the right to hold any fees against cancellations made within the 48 hours prior to your booking.

(b) Should you require an extension against your studio hire time, please confirm with a member of staff that the studio is not booked out by another client. You must ensure sufficient funds are available to cover the cost of the booking and these are to be settled prior to the session extension. Failure to provide funds will result in the studio session ending.

(c) Any invoices are to be made payable to Opus Photografix. Payment details will be supplied with the invoice. Proof of postage of any remittances is not considered proof of receipt, and clients are advised to make payment by any method affording proof of delivery. We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the Late Payment of Commercial Debts Act if we are not paid according to the agreed credit terms.

(d) If payment is not made in accordance with (a) above, then Opus Photografix may revoke this agreement and recover damages or, at their option, may exercise their statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1998.

6. Licence

(a) Opus Photografix are to be granted artistic licence with respect to poses & backgrounds. Every effort will be made to satisfy the wishes of the client and to accommodate all the photos required, after discussion with them. However, in instances of bad weather, the best judgements of Opus Photografix shall be made. If for any reason Opus Photografix experience lack of cooperation from the client or any associated parties and photos are unable to be taken to Opus Photografix's instructions, Opus Photografix cannot be held liable.

(b) Photos presented to the client will exclude blinks, missed expressions, repetition and any images Opus Photografix do not feel appropriate or necessary for the services supplied.

7. Cancellation and Postponement

(a) Once the client has made a booking for a specific time and date, Opus Photografix will not accept work from other clients for those times and dates.

(b) As a result, once a booking is made, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule. When a client cancels a booking within one week of any confirmed date, a fee of 50% of the booked time rate will be charged. When a client cancels within 48 hours of any confirmed date, a fee of 100% of the booked time rate will be charged. In addition to this cancellation fee, the client will also be charged for any expenses already incurred by Opus Photografix.

8. Rejection

Unless a rejection fee has been approved prior to works taking place, there is no right to reject works based on style or composition.

9. Applicable Law

(a) This agreement shall be governed by the Laws of England & Wales.

10. Variation

(a) These Terms and Conditions shall not be varied except by agreement in writing.

11. Studio

(a) All studio equipment will be tested to ensure working before your arrival. Any damage to studio equipment or properties will be charged directly to the hirer & the hirer will be expected to settle any fees. The prices for repair will be obtained via The Flash Centre, Leeds.

(b) The infinity cove is a photography purpose-built structure & must not be climbed. Opus Photografix and Opus Design accept no responsibility for any injuries sustained anywhere on-site. The hirer is responsible for the behaviour of any additional parties accompanying him/her.

(d) All studio facilities are to be left in their original state. Any damage to studio properties will be charged directly to the hirer. All damage charges are to be settled before leaving the premises. The prices/estimations will be obtained from The Flash Centre.

(e) Should you require your time in the studio to be extended, please check with a member of staff there are no bookings in after yours and ensure you have sufficient funds to cover the extension period. All extension fees are to be paid up front.

(f) Should you require additional time to set up the studio this should be factored into your booking. Any un-planned over shooting on your booking will be charged at £5 per 10 minutes

(g) Camera hire for training courses is issued upon request at £10 per session. The camera will be supplied with fresh & fully charged batteries. Should any damage be caused by the hirer, this will have to be paid for before leaving the studio via bank transfer only.

12. Client Confidentiality
(a) Opus Photografix will keep confidential and will not disclose to any third parties or make use of material or information communicated to them in confidence for the purposes of the photography, save as may be reasonably necessary to enable Opus to carry out their obligations in relation to the commission.

(b) By supplying contact information to Opus Photografix you agree for us to contact you regarding any future promotions. This can be opted out of at any time.

(c) Opus Photografix will store all images for 2 years after the shoot date. After this date all images will be removed from our system. Please ensure you backup all images once received. Opus Photografix will not be held responsible for any loss of images once the files have been shared via Google Drive.