Terms 2017-05-10T14:57:37+00:00

BUSINESS TERMS & CONDITIONS

DEFINITIONS

COMPANY” means VisualChaos Studios or VisualChaos and is the Company – VisualChaos Studios Ltd Reg Office, The Studio, Turners Hill Road, Crawley Down, East Grinstead, West Sussex RH10 4HG Reg No.: 04031236 and any other subsidiary company or trading name/brand associated to VisualChaos Studios Ltd.

CAMERA” means any equipment capable of capturing digital or film images and sound recordings whether that be a still photographic image(s) or moving video image(s) with or without sound.

IMAGE(S)” means any image(s), picture(s), recording(s) taken by the Camera of any subject, person, property, or item whether as electronic digital files or cellulose film stocks.

SERVICES” means any photographic or video or website service (such as but not limited to; domain name registration, domain hosting, and website content management, SEO submission) provided by the Company, at any location and at anytime.

SESSION” means any Services that are booked by the Client whether they have been performed or not.

PRODUCTS” means any item for resale by the Company such as, but not limited to, Prints, Albums, Frames, Wraps CDs, USBs, DVDs, Digital Files, Makeup, Hair Styling, Domain Name Registration, Domain Hosting, Domain Installation.

TALENT” means any person, actor, model, artist, voiceover artist.

CLIENT” means the individual person(s) or company or business buying the Services or Products

GENERAL TERMS

  1. Services that are subject to the payment of a deposit or booking fee are NOT refundable if the booking is cancelled by the client at any time and for any reason. Please accept that we are likely to have sustained significant financial loss of revenue from the cancellation of a Session for whatever reason, and are not able to re-book the Session.
  2. A full quotation is issued to all Clients prior to Session, such quotation will detail the fees, expenses and charges for the provision of the Services required and the amount of deposit, if any, required before the Session booking is accepted by the Company. Unless otherwise stated or agreed, times, fees and costs included in any quotation are professionally estimated and may change following execution or completion of the Session. We will notify you if this is likely to be the case, if possible at the time, but it should be noted that we may need to make a professional judgement upon extending a booked Session while on location without access to our primary contact for direction or approval.
  3. Invoices are raised following the completion of the Session for immediate payment, unless credit terms are agreed in advance. The balance for all unpaid invoices is deemed past-due 7 days after the images are released to the client. If invoices remain unpaid following 30 days, interest will be added to the balance on a daily basis at the rate of 4% above the interest rate publish by the bank of England. Image licenses will be deemed void when unpaid invoices exceed 30 days, and all images must be removed from publication and use, until such time as payments are received in full.
  4. Images are made available to clients under the Company’s standard Intellectual Property License (the “IP License”), please ensure that you make us aware of any inadequacy with this IP License for your purposes BEFORE the session is completed and at the time of booking. The standard IP License is linked on our website.
  5. If you need to cancel or postpone your Session, please contact us as soon as possible. We will do our best to accommodate a change request to the Session date or time, but any changes are subject to our availability. The best way to contact us is via email or using the contact form on our website as we are not always in the office to take you phone call.
  6. If you do not contact us prior to a Session booking and subsequently do not show up, we will cancel your Session booking/registration with us accordingly without further communication with you. Any deposits or part payments will have been applied and no refunds will be given. If you were redeeming a Gift Voucher and do not attended your Ssession, fees will be deducted from the available balance of the Gift Voucher prior to rebooking the Session. Any Session fees due will remain outstanding as a debt with us. We may, at our discretion, re-instate the Session booking subject to the payment of an administration charge of £25. At all times we encourage you to talk to us if you have any problems, we will always listen and try to accommodate you.
  7. Any price/fee quoted for any Product or Service is valid for 30 days only, after which the price/fee may change.
  8. Product sizes quoted are approximate. We will provide a pleasing colour balance but cannot guarantee exact colour matching. Owing to anomalous reflectance caused by a combination of certain dyes and materials, especially man-made fibres it is sometimes impossible to record on film/digital media the exact colour of materials as seen by the human eye. Due to differing light temperatures between indoor light (yellowish/orange) and outdoor natural light (blueish), images may show differing hues. We will attempt to minimise this imbalance between the two environments, when possible, but cannot guarantee a complete tonal balance. Images in low light conditions such as sessions shot in the winter months, indoors or where lighting is restricted in some way ‘may’ affect the potential image overall appearance and quality.
  9. Images obtained/taken at a private location, property or land are subject to the terms and conditions of the landlord or officials of the premises and the use of artificial light such as flash or LED/continuous lighting for photography or videography in general may not be permitted or in some way restricted or the position from which the images are taken may be restricted. It is acknowledged that such restrictions and permissions are outside of the Company’s control.
  10. During your Session we will automatically re-take any photograph where we can see someone has blinked or looked away but it is impossible to guarantee to see them all. The more people in the photograph the more difficult it is to see. We can’t ensure that people will always smile/respond if we ask them!
  11. Images for proofing will be made available on-line on our website or that of our agents for a period of time for viewing, we do not provide hard-copy proofs. You will be given a session number or ID to use to access your images.
  12. The Company reserves the right to use the Images for display at the studio, in publicity and marketing material and in websites online, including our Facebook, Twitter and other social media spaces, for promotional, re-sale, competition entry and any other purpose without liability or compensation to the client or image subject. All session bookings are accepted by the Company on the basis of these Terms herein, and it is agreed between the parties that your Session amounts to a Talent Release from those people in the images for the described use above. If this is unacceptable to you, then please write to us BEFORE your Session, withdrawing your approval to this clause stating that you do not give your permission to such use, or alternatively, to what limitation you would like to apply to the Image usage. Please note that our pricing is based on your acceptance of these Terms and therefore a request to remove/amend this clause may alter the price for the Session or Products. Your attendance at the Session amounts to acceptance of this specific clause.
  13. We will endeavour to take all the Images we have agreed. However, it may not be possible to do so due to circumstances beyond our control, for example if timings have altered or the weather changes or the subjects become reluctant to have their Image taken or due to technical failure of our equipment. Also, it is sometimes the case that subjects ‘resist’ having their Image recorded/taken by maybe turning away. Our staff will use their best endeavours to obtain their cooperation, but will not push ‘reluctant subjects’ into having their Image taken. At all times we will do our very best to follow your wishes, however coverage will be as our staff’s professional expertise determines and no one Image will be deemed more important than another. Special requests are not binding instruction although naturally every effort will be made to comply with all your requirements. We may not submit to you all the Images we obtain at the Session, the final selection of Images submitted will be entirely at our creative discretion.
  14. It is Client’s responsibility to inform us if there are any subjects who you, or another person, does not wish to have Images recorded/taken, in particular Images of children or if there are any children attending that require their identity/image to be withheld due to any court instruction/order or legal matter. If this then becomes evident after the Session, please let us know immediately.
  15. The limit of liability of the Company or its agents (including but not limited to photographers, videographers, cinematographers, drone pilots, processing laboratories, suppliers, web hosts, postal and delivery agents) to compensate the Client in the case of any negligence or breach of this Agreement is limited to the cost to the Client of the Service booked, and only to the maximum balance already cleared and paid over to the Company.
  16. We do not entertain a ‘reserved date’ policy, and will only confirm a Session upon the receipt of the appropriate payments, deposits or booking fees in cleared funds and the receipt of the Session booking form and/or Services Agreement.
  17. In exceptional circumstances such as ill-health or incapacity and without notice it may be necessary for the original photographer or videographer or drone pilot or website developer specified to be substituted by another equally competent photographer or videographer or drone pilot or website developer, or in extreme cases, for the Session or Service to be cancelled or postponed. You will be kept informed as much is humanly possible.
  18. Due to the possibility of high and low temperatures and volatile weather conditions that may be experienced at your Session, it is a requirement for health and safety reasons that our staff take the appropriate measures and breaks to ensure that they are protected from such conditions such as hot midday sun, rain, cold and strong winds. They may be unavailable for short periods while they take any appropriate natural breaks, refreshment, sustenance, protecting electrical equipment from the rain, or to warm up in winter. They also may disappear from time to time to deal with equipment issues, change batteries and memory cards.
  19. Recording of video and sound may be subject to location permissions and copyright issues. It is the Clients responsibility to obtain any necessary permissions and approvals for us to perform the Services. The Client must ensure that all necessary arrangements have been made with, and permissions obtained from, people and property owners that may be recorded on video or in sound and that such recording is in compliance with any Data Protection legislation.
  20. The Client will be responsible for obtaining any Talent releases, property releases or the provision of notices to those attending that they may be recorded on Cameras and that by their attendance they give their consent to being recorded. Unless you advise us otherwise, we will assume all persons attending the Session or properties/location visited have consented to being recorded.
  21. Clients accept that where we physically perform the Services and record from and our ability to freely move around a property or venue or location is subject to the permissions of the property owner and as such they may restrict our line of sight or ability to record sound. While all efforts will be made to negotiate our needs with the property owner on your behalf, the Company cannot be held accountable if the final results are diminished, affected or redirected from our agreed Client plan or brief or understanding. We cannot be held responsible for any lighting, sound or interference issues caused by circumstances outside our control, such as, weather, hot or cold temperature extremes, adverse or poor lighting, flickering lights, noise issues or disturbances, and other restrictions imposed or allowed to be by property owners.
  22. Retouching, digital manipulation and artistic finishing is available as an optional extra cost at such rates that are published by the Company from time to time. Such retouching, digital manipulation or artistic finishes are not included by default with any session.
  23. Client Images are retained by the Company for 12 months. On-line proofs will be removed after 30 days. We guarantee CDs for 3 months and recommend that they are backed up immediately upon receipt several times. Backups and copying for storage is fully included in the creative license that accompanies the CD. CDs/DVDs have a short shelf life and deemed as your Images transport/shipping media only.
  24. The 1988 Copyright Act assigns the copyright to the Company’s image creator (photographer, Videographer, Web Designer). It is contrary to the Act and strictly illegal to copy or to allow to be copied, any Image(s). This includes downloading from our website or those of our agents. All Images remain the intellectual property of the image creator.
  25. Force Majeure or Act of God: The due performance of this Agreement is subject to alteration or cancellation by the Company owing to any cause beyond our control. All efforts will be made to comply with alternate arrangements made. In the event of any dispute regarding this Agreement or any of its Terms or any contract between the Company and the Client, both parties agree to consult the British Institute of Professional Photographers to try to obtain conciliation before taking any other action.
  26. The Company reserves the right to cancel and/or reject a Client’s Session booking for whatever reason and at any time with the limit of Client compensation or remedy to that of the fees already paid by the Client. We will always provide your with suitable and appropriate, where humanly possible, notice should such a situation arise.
  27. The Company grants no rights and makes no warranties with regard to the use of names, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in any Image(s), and the Client must satisfy itself that all the necessary rights or consents regarding any of the above, as may be required before reproduction, have been obtained.
  28. THE COMPANY STUDIOS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY SHALL NOT BE LIABLE TO THE CLIENT OR ANY OTHER PERSON, COMPANY OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF THE CLIENT’S USE OF THE IMAGES OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES.
  29. Our staff don’t’ where suits or DJs or ties or formal clothing – ever… Smart casual is not a problem if required. Our work uniform is comfortable black or low key clothing with shirts displaying our brand/logo. Why do photographers/videographers always wear black? Because we don’t want to show up in reflections!

PRODUCT AND SERVICES

  1. Payment for Products print orders, albums, frames or other products is requested at the time of placing the order. Title or any inference of ownership of the photographic prints or albums, frames or other physical products does not pass to the purchaser until full cleared payment is received. Any and all prices quoted are valid for 14 days, after which the prices may vary. Prints are sold unmounted, mounts can be purchased in addition.
  2. Unless otherwise stated or agreed, times and costs are professionally estimated and may change following completion of the Services or Session. We will notify you if this is likely to be the case, if possible at the time, but it should be noted that we may need to make a professional judgement upon extending a Session or Service while on location without access to our primary contact for direction or approval.
  3. Photographic digital images are defined (unless amended in your purchased digital package/option) as 6″ on long edge at 72 pixels per inch (ppi) in jpeg format in RGB colour space for Low Resolutions (PC/Mac screens) and 9″ on long edge at 240 pixels per inch (ppi) in jpeg format in RGB colour space for High Resolution (printing). Images printed or reproduced in bigger or different formats/sizes/shapes are not permitted and will reproduce poorly – cropping into and blowing up images is the same as changing the size and shape. Our digital image files/products are designed for digital use on such devices as mobile phone, tablets, PCs and TVs as well as printing (HD files only) at the provided size when printed at recognised pro and commercial print laboratories. We are happy to provide you with a recommend on-line printer, please get in touch. We may offer size upgrades from time to time at an additional fee, however, it is our policy to not make digital files for clients bigger than 12″ on the longest side at any time.
  4. The default video digital output is defined as high definition (“HD”) 1080p at 25 fps in Mp4 format. If you require a different technical output/format, this must be requested at the time of booking.
  5. From time to time we may offer discounts, or introduce promotions and incentive schemes for our Clients and potential clients. Such promotions, discounts and incentives, are subject to change and cancellation at any time and without notice. They are often run for a specific time periods or group of clients or prospects, a subscription to our Newsletter on connecting with us on social media is important to be made aware of any promotions, discounts or incentive schemes. Such promotions and incentives may have further terms attached.
  6. Promotions, discounts and incentives are not applicable to historic/past purchases, not transferable for cash, if in doubt, please contact us.

OUR STUDIO

  1. We limit our studio sessions to a maximum of 2 Adults and 3 young children due to the physical size of our studio. If you have more in your group then you must contact us to discuss before your Session so that appropriate arrangements can be made to arrange the studio and accommodate you if at all possible. Please also contact us prior to the session if special consideration or arranges are required for someone with a disability or has a special need such as ramp access to the studio.
  2. It is your responsibility to control your attendees behaviour while at the studio. We do all that we can to ensure a safe environment for our Clients and staff, however, a working studio is not a play area for children and they must be supervised at all times. Please do not allow your children to play with the albums, frames, props and equipment as they can present a costly bill to you if damaged.
  3. We do not allow food and drink to be taken or consumed on our premises at all. Sugar, children and photography do not mix at all well unsurprisingly, so please try to keep young children calm, quiet and still before your session, as active children who want to have fun running around cannot be photographed
  4. There is no smoking permitted at any time while at our premises.
  5. Mobile phones and other cameras/recording devices are not permitted to be used on our premises at any time. Such use will result in the termination of your Session booking without refund.
  6. Not that it has ever happened to date, but to be clear, we do not tolerate disrespect to our staff or offensive or aggressive tone or bad behaviour. Such Clients will be asked to leave and their membership, registration and Session terminated without refund. Seems a strange thing to have to say, but our industry isn’t immune to such people so we want to be clear about our zero tolerance. If there are people or children in your party that have behavioural problems, please inform us before coming so we are aware.
  7. If you need to cancel your Session, please let us know as soon as possible. Deposit fees are not refundable but may be transferred at our discretion and availability to a new date and time.