Purpose of the Agreement 

Client wishes to hire Photographer to provide photography and editing services relating to Client’s booking as detailed in this Agreement. Photographer has agreed to provide such services according to the terms of this Agreement.

Parties 

Known as ‘’Photographer’’ : Rysia Rhys / Gabriela Straczynska.

Known as ‘’Client’’: Details to be filled in a form below by the Client.

Collectively, all of the above people or businesses entering this Agreement will be referred to as the "Parties."

Client Service Agreement

Services 

Photographer shall provide Client with the following services and/or products ("Services", ‘’Products’’): photographing, editing and delivery of images (products). Cost and timeline breakdown of a specific photoshoot arragements will be delivered in a form of an Invoice before the photoshoot commences.

Deliverables 

Photographer shall provide the Client no less than the minimum amount of edited images agreed and within agreed timeframe, as per stated on the Invoice. The final post production and editing styles, effects, and overall look of the images are left to the discretion of The Photographer, however Photographer’s creative decision is based on previous editing agreement made before the photoshoot that will suit the Client’s style. Additional photos cost £25 per image (inc. VAT) if the Client wishes to purchase more Images than agreed. Client has one free editing revision included in the overall cost, any additional editing revision costs £100. Delivery is done through Google Drive file cloud system.

Cost, fees and payments schedule 

Total cost. The total cost for all Services is stated to the Client before sending this Agreement to review and sign, and is delivered in a form of an Invoice. Total cost of the services has to be paid before the photoshoot commences. Total cost contains the booking retainer already paid by The Client at the time of booking and signing this Agreement. Booking confirmation and an Invoice is always provided via an Agreed Communication Method stated below containing the Services cost breakdown, such as cost of services, props, agreed travel cost, etc. 

Retainer. The first payment is a retainer (a non-refundable deposit) of 50% of the total cost of the booking that is required to book Photographer’s Services stated in this Agreement. At a minimum, Client agrees that this fee fairly compensates Photographer for committing to provide the Services and turning down other potential projects/clients.

By paying the retainer to the Photographer, Client agrees with the statements of this Agreement, as it was presented to the Client beforehand, and agrees to recognise it and physically sign the Agreement before the day of the photoshoot. 

Payment method. Client shall pay the retainer and the rest of the total cost to Photographer via bank transfer no longer than the day of the photoshoot stated above. Bank details will be delivered through the Invoice. 

Delayed Payment. For any delay in full payment a late payment fee will be applied as 10% of the total cost of the booking for every unpaid delay day. Additional Invoice will be sent and has to be compensated within 7 working days upon receiving it. 

Additional Fees. When applicable, The Client is responsible for all travel, accommodation, meal and transport costs unless provided by The Client and it is subject to additional written communication and agreement. 

Additional responsibilities. The Client agrees to provide a meal and 30 minutes break for the Photographer if the shooting time exceeds five hours. 

Cooperation 

The Clients and the Photographer consent to happily cooperating and communicating with each other to achieve the best possible result within the understanding of this Agreement. The Client also agrees to give the Photographer sufficient warning of key events to give the Photographer time to prepare e.g. cutting the cake, speeches, special performances, special lighting conditions, etc.

Intellectual Property 

Copyright Ownership. Any copyrighted work(s) are created as a result of the Services provided by Photographer in accordance with this Agreement, such as images or video work (‘’Product(s)’’), Photographer owns all copyrights in any and all Product(s) it creates or produces pursuant according to the United Kingdom’s Copyright, Designs and Patents Act 1988 (with any later changes) whether registered or unregistered. Any and all Products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Photographer and may be used in the course of advertising Photographer’s  business.

Licence for the Copyright Work for the Client. Upon signing this Agreement and fulfilling the final payment by the Client, the Client is granted limited licence to use and or display resulting Product(s) as outlined in the Permitted Uses of Product(s) stated in the Invoice based on specific arragement with a Client. Licence can be either personal or commercial. Said images may not be altered or used in any manner outside what is prescribed in the given Invoice without prior written permission of the Photographer. The Client or any other Third Party must obtain written permission from and compensate the Photographer prior to the Client, its associates, friends or relatives re-distributing or selling the photographs for any reason not prescribed in this document. 

Prohibited use of Product(s) includes and is not limited to:

1. Resell, relicense, sub-license, redistribute the Product(s) without express written permission from the Photographer to any Third Parties not mentioned in this Agreement (e.g on Stock Images databases) or without previously purchased commercial licence;

2. As per Personal Licence: using the images for commercial gains, e.g. promoting Client’s side businesses and commercial ventures without previously purchased commercial licence from the Photographer;

3. Cannot allow Third Parties to distrubute in any way or use the Product(s) in any way (e.g. posting it on Third Party’s social media accounts) without previously purchased commercial licence with agreed resell option from the Photographer;

4. Using the Product(s) for promoting a Third Party business and its services/products if its harmful to The Client or Photographer, especially in association with competitors logos or trademarks;

Model release. Any hired or portrayed person on the photograph or video work is named a Subject. The Client is responsible for obtaining the permission from the Subject(s) to be photographed and the Photographer assumes that The Client did so while providing its Service. The Client’s & Subject(s) hereby grant to the Photographer, the irrevocable and unrestricted right to use and publish photographs of the Client or in which the Client may be included for the promotion of its business and services, including editorial, trade, advertising and any other commercial purpose and in any manner and medium. 

Third party licensing. Licence provided in this Agreement by a Photographer is only for Client’s personal use, unless commercial licence has been purchased, therefore any Third Party that wishes to commercially use Photographer’s work created upon this Agreement portraying the Client, but has not been granted a licence upon this Agreement, is subjected to purchase an additional licence from the Photographer directly and has to have a written permission by the Client to do so. Failure in doing so may result in further copyright legal claim to the Third Party by the Photographer, the Copyright Owner and/or may be subject to additional legal claims by the Client as well.

Additional licences. Additional commercial licence is a subject of each individual arrangement made by Photographer and a Third Party that is not stated as a Party of this Agreement. Should a Third Party need a commercial licence in the future, one could be provided as a subject to additional agreement after consulting the Client on the matter and obtaining its permission.

Artistic Release 

Style. Client has spent a satisfactory amount of time reviewing Photographer’s work and has a reasonable expectation that Photographer will perform the Services in a similar manner and style unless otherwise specified in this Agreement. 

Consistency. Photographer will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Photographer current portfolio and Photographer will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that: 

1. Every Client and Services provided by a Photographer are different, with different tastes, budgets, and needs; 

2. The Photographer is limited by the guidelines of the event or venue or reception site management; in addition every venue and every studio provides different lighting conditions, therefore Photographer’s will use its best judgement and experience photographing under each conditions to provide best results; 

3. Photography services are often a subjective art and Photographer has a unique vision, with an ever-evolving style and technique; 

4. Photographer will use its artistic judgement when providing Services for Client, which may not include strict adherence to Client’s suggestions; 

5. Although Photographer will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Photographer shall have final say regarding the aesthetic judgement and artistic quality of the Services; 

6. Dissatisfaction with Photographer’s aesthetic judgement or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned. However, Photographer will take any action to provide the best outcome of the Product(s) produced. 

Limit of Liability 

Maximum Damages. Client agrees that the maximum amount of damages that they are entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the total cost of Services provided by Photographer.

Loss of Product. In the event that any or all Product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Photographer shall refund Client a pro-rated portion of the total cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided. 

Indemnification. Client agrees to indemnify, defend and hold harmless Photographer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Photographer provides to Client.

Cancellation, Rescheduling and No-Shows 

Cancellation, Rescheduling of Services or No-Show Client. If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Photographer to render Services due to the fault of the Client or parties related to Client, such as failure of one or more essential parties to show up in a timely manner, Client shall provide notice to Photographer as soon as possible via communication method agreed detailed in this Agreement. Photographer has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for Photographer to provide the Services due to the fault of Client (or parties related to Client), and Photographer will not be obligated to refund any monies Client has previously paid towards the total cost. Client is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to show up for the event(s), or should it become impossible for Photographer to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing. For instance, if Photographer is able to secure another, unrelated client for the time of this photoshoot, then Photographer may choose, at its sole discretion, to excuse all (or a portion of) Client's outstanding balance of the total cost. 

Failure to Perform Services or No-Show by a Photographer. In the unlikely event of a Photographer being unable to attend the photoshoot on scheduled day/time/location, an appropriate cover shall be provided. Photographer’s cover is another photography service provider whom the Photographer trusts that is able to provide the same level of care, experience and artistic coverage. In this event the cover of services is only provided for the photographing part of the scheduled services on a photoshoot day. All post-production, editing and delivery is then provided by the Photographer. Client is always informed about a cover as soon as possible by the Photographer and the Client is not given any refund, as the services will be provided for the Client in full. In the event of a no-show from a Photographer a Client has the right to claim a full refund of monies paid to Photographer prior as no services have been then provided for the Client.

Impossibility 

Force Majeure. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s control, including, but not limited to, the following force majeure events: (a) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (b) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (c) government order or law; (d) actions, embargoes or blockades in effect on or after the date of this Agreement; (e) action by any governmental authority; (f) national or regional emergency; (g) strikes, labour stoppages or slowdowns or other industrial disturbances; and (h) shortage of adequate power or transportation facilities.

Appropriate Conduct, Safe Working Environment 

Health & Safety. The Client(s) expressly agree(s) to take best efforts to provide Photographer and any Photographer’s employees assisting with safe and appropriate working conditions. In the event of circumstances deemed by either Photographer or a bystander to present a threat or implied threat of injury or harm to Photographer or its assistants or equipment, the Photographer reserves the right to cancel all services remaining under this Agreement and leave the photoshoot. Client(s) further understand that Photographer complies with all health and safety laws, directives, and rules and regulations. Client(s) expressly agree(s) that during providing a Service, the Client(s) and Client(s)’ staff, etc. shall not carry weapons or firearms, be exposed to severe illness, or request the Photographer to do anything illegal or unsafe. Further, Photographer will not provide services in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. Under any of these circumstances, Photographer reserves the right to end service coverage immediately and/or leave the photoshoot. Photographer shall be entitled to retain all monies paid and Client(s) agree to relieve and hold Photographer harmless as a result of incomplete event coverage, or for a lapse in the quality of the Photographer work. 

Personal circumstances. Due to Photographer’s medical condition, Photographer reserves the right to take a break at any time when its health requires Photographer to do so. Photographer will inform the Client of its condition beforehand if required to ensure safety. Photographer also reserve the right to bring their own assistant to any photoshoot for additional security over oneself or its equipment and Client’s belongings. 

Governing provisions 

Governing Law. This Agreement is governed by the laws in the United Kingdom. 

Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force. 

Agreed Method of Communication. Parties shall provide effective communication and notice to each other via the following method: by email and telephone in Contact details stated in Parties section above in this Agreement.

Merger. This Agreement constitutes the final, exclusive agreement between the parties relating to the Photographer’s Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.

Amendment. The parties may amend this Agreement only by the parties’ written consent via proper notice. 

Confidentiality agreement. Photographer agrees that the Confidential Information is to be considered confidential and proprietary to Client and shall not use the Confidential Information other than for the purposes of its business with the Client, and shall disclose it only to its employees or assistants that are involved with producing the images/videos for the Client with a specific need to know. 

By signing this Agreement both the Photographer and the Client agree with all the policies stated above: