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Terms and Conditions.
The Terms & Conditions the photographer/videographer/s shall mean any representative of Ollie Voak.
It is agreed that the terms set out in this schedule are the total agreements made between the parties and that no variations or modifications of this contract shall be effective unless agreed by both parties in writing.
Special requests/coverage
The Client understands and accepts that the film coverage will be as the photographer/videographer/s professional expertise determines and that no one film clip will be deemed more important than another. Special requests are not binding instructions, although every effort is made to comply with the Client’s wishes. Any special requests must be made by the Client to the photographer/videographer/s in writing.
The Client will be responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photographs are desired. Unless specifically agreed otherwise in writing, Ollie Voak will not be held accountable for the photographer/videographer/s not capturing desired people if there is no one to assist in identifying or gathering people for the content.
The Photographer / Videographer/s
On occasions and without notice it may be necessary for the photographer/videographer/s originally specified to be substituted by another photographer/videographer/s (e.g. due to ill health).
Colour balance
The photographer/videographer/s will provide a pleasing colour balance but cannot guarantee exact colour matching. It is sometimes impossible to record on film the exact colour seen by the human eye.
Copyright
All material (photographs, film, digital negatives, or prints) produced by us are our property or the property of Ollie Voak and protected by law (all rights reserved) and may not be reproduced in any manner without our explicit written permission.
On completion of payment and services, Ollie Voak grants the Licence of Use fully to the Client. Clients are free to use, copy, share, print without restriction. Ollie Voak owns all images/videos and has no legal requirement to supply any additional images/videos outside of the agreement, if Ollie Voak wishes to share any additional images/videos there will be a charge and it will be at Ollie Voak’s discretion.
Force majeure/act of God
Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, Ollie Voak will not be responsible for any images/videos that are not produced due to technical failure.
Licence
The photographer/videographer/s shall be granted complete artistic licence including in relation to the poses filmed and locations used. The photographer/videographer/s’ judgement regarding the locations, poses and length of film taken shall be final. Due to vagaries of the weather and the willingness of subjects it may not be possible to capture all the footage requested.
Display
The Client hereby allows Ollie Voak to display any images/video included in this contract in their advertising, brochures, magazine articles, websites, social media, and other commercial projects.
Cancellation
The Client may cancel this contract at any time by giving written notice to Ollie Voak but in doing so shall forfeit any monies paid. When a Client cancels a shoot less than 10 business days from the first day of shooting a fee of 50% of the agreed project rate will be charged. When a Client cancels a shoot less than 3 business days from the first day of shooting a fee of 75% of the agreed project rate will be charged. In addition to this cancellation fee, the Client will be charged for any expenses already incurred by Ollie Voak.
If Ollie Voak – with the agreement of the Client – cancels a shoot due to inclement weather/lighting conditions or any other reason beyond Ollie Voak’s control and the Client is unable or unwilling to arrange or agree a suitable new date within either a reasonable and mutually agreed timescale, then the Client will be liable to pay 50% of the booked time rate plus any expenses already incurred by Ollie Voak.
Limitation of liability
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
Personal Injury
Any directions issued to Clients, their guests or employees during a shoot are deemed to be at said person's own risk. The photographer/videographer/s cannot be held responsible for any personal accidents during a photo or video shoot of any kind.
Quotes and Fees
Quotes and fees will be discussed and agreed between the Client and Ollie Voak prior to the project. Ollie Voak reserves the right to request up to 30% of the full invoice upfront for certain projects. Delays in payments may result in variations to delivery schedules and increased costs.
Shooting Schedule
Start and finish times will be discussed between the Client and the photographer/videographer/s. The photographer/videographer/s will, in consultation with the Client, determine the best time to arrive and leave.
Model Release
The Client hereby assigns and grants Ollie Voak the unrestricted right to use and publish any content from the production. The Client undertakes responsibility for all model releases and agrees to provide a release form for any other persons to be photographed/filmed.
Storage
Rushes will be stored for a maximum of 5 years before being deleted. Ollie Voak may handover all project rushes to the Client at their request. A fee will be calculated prior to this arrangement.
Severability
If any provision of these Terms is held to be invalid or unenforceable under any applicable, the validity of these Terms as a whole shall not be affected, and the other provisions shall remain in full force and effect.
Governing Law
This agreement will be governed in accordance with the laws of Jersey Channel Islands.
Confidentiality
All Confidential Information disclosed by a party to the other party (before or after the date of the Agreement), shall be held in confidence and used only for the purpose of performing the Agreement and using the Deliverables.