PHOTOGRAPHY TERMS & CONDITIONS

PHOTOGRAPHY: Definitions

“H.K. Photography” means H.K. Photography owned by Liquid Labs Inc.

“The Client” means any person, body of persons, School, Academy or Company with whom H.K. Photography enters into a contract, verbal or written, for the sale of goods or provision of services by the H.K. Photography.

Acceptance of Terms and Conditions

All contracts and transactions between the H.K. Photography and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between H.K. Photography and all or any of its Clients.

Copyright, Usage, Ownership & Licence

In accordance with the Copyright, Designs & Patents Act 1988, the copyright of all photography taken by a H.K. Photography commissioned photographer is retained by H.K. Photography and cannot be used by a third party organisation unless pre-agreed with H.K. Photography.

Clients have the licence to use the photography without seeking permission for internally produced publications such as internal magazines, newsletters, exhibitions, displays, banners, posters, adverts, intranet websites but excluding prospectuses, school marketing brochures, websites and any material produced by a third party supplier.

Exclusivity

H.K. Photography (Liquid Labs Inc.) retain the right in all cases to use the photographs for the purposes of advertising or otherwise promoting their own work.

Client Confidentiality

H.K. Photography 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. H.K. Photography will not resell any clients images to a third party under any circumstances unless agreed in writing, by the school or academy.

Indemnity

The Client agrees to fully indemnify H.K. Photography in respect of any claims or damages or any costs arising in respect of claims for copyright violation made by a third party. Obtaining parental consent for student/child photography usage is compulsory and should be undertaken in advance by the Client. The client shall be responsible for obtaining such clearances and will indemnify H.K. Photography against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.

Expenses

Where extra expenses or time are incurred by H.K. Photography as a result of alterations to the original brief by the school or academy, or otherwise at their request, the school or academy shall give approval to and be liable to pay such extra expenses or fees at H.K. Photography’s normal rate to H.K. Photography in addition to the expenses agreed or estimated.

Rejection

Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition. It is the clients responsibility to ensure that their students and staff are dressed appropriately and that a variety of students are available to avoid student duplication.

Cancellation & Postponement

A booking is considered firm as from the date of confirmation. Accordingly, H.K. Photography will charge a fee for cancellation or postponement. When a booking is cancelled, the percentage of the booking fee charged as a cancellation fee will depend on the amount of time still to elapse before the photography date.

Cancellations/postponements due to Weather Conditions

H.K. Photography cannot be held responsible for cancellation due to inclement weather conditions.

Cancellation Rates

0 to 2 week - 100% of booking fee

2 to 3 weeks - 75% of booking fee

3 to 4 weeks - 50% of booking fee

4 weeks or more - No charge

Payment Terms

For all non-account and new Clients, an initial deposit must be paid prior to the photography date. Payment of the Photography invoice must be settled prior to H.K. Photography releasing the High Res Images. The Photographer reserves the right to withdraw account facilities and services without notice should the Client fail to pay the Photography invoice(s) within 14 days.

Representation

The Client shall ensure that there is an authorised representative present (whom is at a considerable level within the organisation) at the assignment to ensure the correctness of the Photographer’s interpretation of the Clients brief. The Client shall be responsible for the behaviour of any persons accompanying the photographer on the assignment. The onsite Photographer reserves the right to terminate any assignment without notice if she/he deems the Clients behaviour to be unruly or unsafe.

Short Notice or Rush Services

H.K. Photography reserves the right make an additional charge should the Client request a Short Notice or Rush service. This service is subject to availability and cannot be guaranteed.

Images/Data Supplied in Electronic Format

For all images/data supplied to the Client in electronic format (including but not limited to electronic mail, CD’s/DVD’s etc.), H.K. Photography will endeavour to ensure that the data sent is not corrupt and is virus-free before despatch. H.K. Photography cannot be held responsible for any damage, disruption and/or loss of any kind that the said media may cause to the Clients computer or data. The Client agrees to take similar steps to ensure that data sent to the H.K. Photography is not corrupt and/or virus-free

Applicable Law

This agreement shall be governed by the laws of Ontario.

Variation

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