Terms & Conditions of Contract for Ozgo Productions
1. Definition of Client/s
In the following conditions of contract “the photographer/videographer” shall mean Augustin Galatanu trading as Ozgo Productions or, subject to condition 7b) below, any photographer/videographer(s) appointed by Ozgo Productions.
“The Clients” shall be those whose names appear on the contract. If the clients arrange for a third party to meet the costs of this contract, the contract remains with the clients. The due performance of the contract is subject to the conditions below and cannot be varied in any way by the clients unless expressly agreed by the photographer/videographer(s) in writing.
The Copyright, Designs and Patents Act 1988, is the current UK copyright law. It gives the creators of artistic works the right to control the ways in which their material may be used. It is contrary to the Act, and therefore illegal, to copy these images or videos, or allow them to be copied, by any means photographic, by computer, internet or otherwise, by any person or machine other than by the photographer/videographer or his appointed agents, unless a royalty-free license has been granted.
The Clients hereby allow the photographer/videographer to display any images or videos covered by this contract and to generally promote the business by means of advertising, publicity material, websites, exhibitions, competitions, magazine articles, and other such media. Images/videos placed in password protected galleries within the website are not available to the general public in the normal course of events. However, it may not always be possible to prevent determined persons from accessing these galleries.
4. License and Coverage
a) the photographer/videographer shall be granted an artistic license in relation to the poses photographed/filmed and the locations used. Although every effort will be made to comply with the Clients’ requirements, the photographer/videographer’s judgment regarding the location, poses and the number of photographs/videos taken shall be deemed correct.
b) For bookings involving a church ceremony or at certain other venues, photographer/videographer’ movements are sometimes restricted by the minister or official in charge: photographing/filming of parts or even all of the ceremony may be restricted or prohibited, as may the use of artificial lighting. The photographer/videographer cannot accept responsibility for limited coverage in such cases.
c) Whilst the photographer/videographer shall endeavor to fulfill all the Clients’ requirements, he cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings, preventing the coverage of specified shots.
d) Any alterations made to the booking by the Clients once details have been confirmed may only be made at the discretion of the photographer/videographer. If unable to accommodate alternative arrangements (such as the change of ceremony date or venue) the photographer/videographer is not liable to compensate the client(s) in any way whatsoever.
5. Image Reproduction
a) Owing to photochromatic anomalies caused by a combination of certain dyes and materials, especially in man-made fibres, it is sometimes impossible to record on camera the exact colour of materials as perceived by the human eye. When processing images, the photographer/videographer will endeavour to achieve a pleasing overall colour balance based on natural flesh tones.
b) It is understood that some colours may not remain consistent throughout a set of photographs owing to variations in lighting conditions. It is also understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not be identical over the whole range within a subject. The colour balance of prints made at different times or in varying sizes may also be variable.
c) Due to the limitations of computer monitors, it is understood that images/videos may appear differently according to the specification of each monitor and that prints will not match images rendered on any particular computer monitor.
d) Where images are made available for use with a personal computer the default operating system shall be OSX High Sierra or Windows 7. Products may not function on other operating systems.
e) Where images/videos are made available for use on a DVD/Blu-ray player reasonable steps are taken to ensure compatibility, but DVD discs may not play on all DVD/Blu-ray players, particularly older models.
f) We use only quality branded CDs, DVDs, and Blu-rays, ensuring each is checked before dispatch, but it remains the responsibility of the clients to check discs for in-transit damage. The photographer/videographer cannot be held responsible for damage to equipment resulting from defective media.
g) All print and presentation sizes quoted are approximate and subject to the discretion of the photographer.
Full payment for the session will be taken on the day. Cash, cheque or PayPal are accepted. No photographs or videos will be delivered until all payments due have been paid in full. Payment for additional images or videos is to be made when they are ordered. All choices for images must be made within 4 weeks of the gallery being sent to the clients if longer is taken it may take longer for the final package to be dispatched.
a) in the highly unlikely event of cancellation by the photographer/videographer, or unavoidable total photographic/video failure, the photographer/videographer’ liability shall be limited to a full refund of any booking fees and fees paid. Re-shoots may be arranged if practicable but the photographer/videographer will not be responsible for any further costs.
b) Ozgo Productions may substitute photographer/videographers in the event of a photographer/videographer’ illness or incapacity. In the event of such substitution, Ozgo Productions warrants that the photographer/videographer taking the photographs or filming shall be a competent professional. Ozgo Productions may utilise one or more assistants at the event, and such assistant/s may also take photographs/videos under the supervision of a principal photographer/videographer.
c) Once Ozgo Productions reserves a date/time for the client/s, it ceases attempting to sell its services for this date/time to others. If the event is cancelled or postponed, Ozgo Productions suffers a loss. The Client/s agree that it would be difficult to ascertain the damages suffered by Ozgo Productions as a result of a cancellation or postponement of the event. Therefore, the Client/s agree that if the Client/s cancels or postpones the event 60 days or more before the event, that reasonable liquidated damages is the initial deposit payment made by the client/s is not refundable. The Client/s further agree that if the cancellation or postponement of the event is done within 60 days before the event, the reasonable liquidated damages are all monies, including, but not limited to, the deposit that has been paid to Ozgo Productions are not refundable.
8. Exclusive Photographer/Videographer
It is agreed that the photographer/videographer will be the exclusive commercial photographer/videographer providing photographic services/video recording for or at this event. Others may take photographs or record videos as long as they do not interfere with the duties of the photographer/videographer and do not photograph or record poses arranged by the photographer/videographer. It is agreed that interference from others, paid or unpaid, who attempt to photograph or record the same poses or scenes during the same time period as the photographer/videographer, may detract from the quality of the photographer/videographer’ images, and maybe cause for the photographer/videographer to cease work until such interferences ends. The photographer/videographer will not be responsible for time or images missed as a result of such interference.
Client/s and Ozgo Productions agree that signatures by facsimile transmission or electronic scan are acceptable and shall have the same force and effect as if an original signature.
10. Construction and Severability
Wherever possible, each provision of this Agreement shall be interpreted so that it is valid under applicable law. If any provision of this Agreement is held illegal or unenforceable, that provision will be reformed only to the extent necessary to make the provision legal and enforceable; all remaining provisions continue in full force and effect.
11. Client/s Responsibilities
Client/s agrees to cooperate in scheduling and time management to allow the photographer/videographer to perform the taking of the pictures or filming under this contract. Client further agrees that the photographer/videographer is not responsible for the actions of the others that impede the photographer/videographer’ ability to take pictures under this Contract. If for any reason the client/s’ actions are such that the photographer/videographer is unable to schedule and/or meet deadlines and/or the client is being unreasonable in dealing with the photographer/videographer, Ozgo Productions may terminate this agreement. If the client/s actions are such that the photographer/videographer’s work is severely impeded or impracticable to perform, then Ozgo Productions is not liable for the quantity and quality of pictures/videos taken.
12. Governing Law
These terms and conditions shall be governed by and construed in accordance with, English law and each party submit to the exclusive jurisdiction of the English courts.
Last updated 14 September 2021. Replaces all prior versions.