Deru Studios Agreement

CONTRACT TERMS

1.1 This Agreement is made effective for all purposes in all respects as of the date of signing by and between Creative Piece Ltd trading as Deru Studios, hereinafter referred to as "the COMPANY" and the contracting party hereinafter referred to as "The CLIENT" relating to the event(s) detailed below, hereinafter referred to as "The EVENT(S)”.

2. ENTIRE AGREEMENT

2.2 This agreement contains the entire understanding between the COMPANY and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable.
2.3 Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.

3. RESERVATION

3.1 A signed contract and retainer fee are required to reserve the dates and times of the EVENT(S).

3.2 All bookings made are with the COMPANY and not any specific photographer.
3.3 If the EVENT(S) are rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, the retainer fee is non-refundable and non-transferable and shall be liquidated damages to the COMPANY. The CLIENT shall also be responsible for payment for any of the COMPANY's materials charges incurred up to time of cancellation.

4.VENUE AND LOCATION LIMITATIONS

4.1 The COMPANY is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the COMPANY. Negotiation with the officials for moderation of guidelines is the CLIENT's responsibility; the COMPANY will offer technical recommendations only.

5. PERMITS

5.1 The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the COMPANY will be performing services.

6. EVENT SCHEDULE

6.1The CLIENT agrees to confirm the schedule two-weeks prior to the EVENT(S). Delay in providing this information by the required deadline may result in the delay of or cancellation to the agreed services. Notification of any changes in schedule or location must be made no later than a week before the event and confirmation of receipt must be obtained from the COMPANY by the CLIENT. Delay in providing this information by the required deadline may result in the delay of or cancellation to the agreed services.
6.2 The COMPANY is not responsible for any delays or cancellations that occur as a result of the schedule being confirmed after the proposed deadline.

6.3 Any event booked on the day preceding or the day of a UK Public Holiday will automatically incur an additional fee of £150.00.

7. SAFETY

7.1 The COMPANY reserves to right to terminate coverage and leave the location of the EVENT(S) if the photographer from the COMPANY experiences inappropriate, threatening, hostile or offensive behaviour from person(s) at the EVENT(S); or in the event that the safety of the photographer from the COMPANY is in question.

8. SHOOTING TIME / ADDITIONS

8.1 The CLIENT and the COMPANY agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the EVENT(S), shooting will commence when possible and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT at a minimum rate of £250.00 per hour.
8.2 The minimum service time for any package booked is 4 hours.

8.3 Any services booked must be used within a 24 hour period. Any services rendered after midnight on the day following EVENT date will incur a minimum additional fee of £250 per hour.

9. EXPENSES INCURRED

9.1 As per the terms of their booking, the CLIENT is responsible for all travel, accommodation, meal and transport costs.

9.2. Travel Expenses:

9.2.1 All travel expenses are based on the distance between the EVENT location(s) and the COMPANY studio address. For all EVENT(S) travel within Greater London is included, however, the CLIENT is responsible for all additional travel fees such as tolls including ULEZ & Congestion charge. For all complimentary services, the CLIENT is responsible for any applicable toll charges including Congestion Charge.

9.2.2 For EVENT(S) taking place within the City of London, the first 2 hours of parking are included. All parking cost in excess of 2 hours will be billed to the CLIENT. However, it is the responsibility of the CLIENT to make the COMPANY aware of available parking and associated costs one-week prior to the EVENT(S). The COMPANY is not responsible for any delays that occur as a result of the CLIENTS failure to do so.

9.2.3 For EVENT(S) taking place outside the Greater London area, the client will be responsible for a minimum travel cost of £90.00 unless quoted otherwise, this cost will be payable by the balance due date and is calculated approximately 30 days before the event. The CLIENT is responsible for all additional travel fees such as parking and road tolls.
9.3 Accommodation expenses

9.3.1 For EVENT(S) taking place outside the Greater London area, the client will be responsible for a minimum of one night hotel stay. The COMPANY will advise the costs associated with this and this cost will be payable by the balance due date. 9.4 Destination weddings

9.4.1 For EVENT(S) taking place abroad, the client will be responsible for all associated travel costs, including air fare, hotel accommodation and pre-agreed meal expenses, this cost will be payable by the balance due date. The COMPANY will advise the costs associated with this and these costs will be payable by the balance due date.
9.4.2 The CLIENT will be responsible for any and all cost incurred as a result of the travel requirements imposed by the UK and Destination government as a result of the Covid 19 pandemic.

10. RESPONSIBILITIES

10.1 It is agreed and understood that the COMPANY will be retained as the exclusive official photographer(s) for the EVENT(S).
10.2 The COMPANY is not responsible for compromised coverage due to causes beyond the control of the COMPANY including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the COMPANY, rendering of decorations, or restrictions of the locations.
10.3 The COMPANY is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. 10.4 The COMPANY is not held liable for missed coverage of any part of the EVENT(S).
10.5 The COMPANY will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT(S).

11. FILM and COPYRIGHTS

11.1 The 1998 Copyright, Designs, and Patents Act assigns copyright to the COMPANY. The images may not be reproduced in any manner without the COMPANY's explicitly written permission.
11.2 If the CLIENT has purchased an "online gallery" from the COMPANY, upon final payment by the CLIENT, limited copyright ownership of the resulting images will be transferred to the CLIENT. If the CLIENT has purchased an "online gallery" from the COMPANY, the COMPANY grants the CLIENT permission to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to the COMPANY.
11.3 The CLIENT must obtain written permission from the COMPANY prior to publishing or selling the images.

12. MODEL RELEASE

12.1 The CLIENT hereby assigns the COMPANY the irrevocable and unrestricted right to use and publish images of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images.
12.2 Should the CLIENT wish to keep images private, and ensure that images are not shared on social media, they have the option to purchase a confidentiality agreement at £550.00.

13. LIMIT OF LIABILITY

13.1 In the unlikely event that the assigned photographer from the COMPANY is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the COMPANY, the COMPANY will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the specific service.
13.2 In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the COMPANY's control, including but not limited to camera, hard drive, or equipment malfunction, the COMPANY liability is limited to the return of all payments received for the EVENT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
13.3 The COMPANY is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.

13.4 The COMPANY advise that all records of services will be held and available to the client for up to 2 years. Any images requests after this 2 year period (provided that they are still obtainable) will be subject to a £150.00 administration fee. The company bares no responsibility for the storage of images after 2 years.

14. PRE / POST EVENTS

14.1The CLIENT is required to arrive 15mins before the scheduled photoshoot. Lateness will be taken out of the time allocated for photography.
14.2 Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the EVENT(S), shooting will commence when possible and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT at a minimum rate of £125.00 per 30 minutes. 14.3 For all EVENT(S) travel within Greater London is included at no fee, however, the CLIENT is responsible for all additional travel fees such as tolls including ULEZ & Congestion charge.

15. CAPTURE AND DELIVERY

15.1 The COMPANY is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of the COMPANY.

16. POST PRODUCTION AND EDITING

16.1 The final post production and editing styles, effects, and overall look of the images are left to the discretion of the COMPANY. 16.2 Once the CLIENT has received their images, it is the CLIENT’s responsibility to get their chosen images back to the COMPANY within 2 weeks for commence of production. Selected images submitted later than this period will be placed at the back of the production queue and a new delivery date will be issued. CLIENTS should be advised that this can result in an additional 3 – 6 months added to the delivery date. 16.3 All orders should be placed with the COMPANY before the end of a 12-month period starting at the EVENT(S) date unless otherwise agreed in writing by both parties. The COMPANY will not be liable for failure to produce any orders placed after this time, any pre-paid product credits (e.g. for albums and prints) not utilized by the clients within 12 months of the EVENT(S) date will lapse without value unless otherwise agreed in writing. Any product supplied will be at the sole discretion of the COMPANY. Any product requested by the CLIENT outside of this period will become chargeable at the current market rate.
16.4 Should a CLIENT place an order outside of 24 months from the date of their EVENT(s) an additional administration fee of a minimum of £150.00 will also be chargeable.

17. PAYMENT SCHEDULE
17.1 A 30% non-refundable retainer fee is due at the time of signing of agreement. The remaining 70% balance is payable in full 30 days prior to the EVENT(S). In the event the CLIENT fails to remit payment as specified, the COMPANY shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the EVENT(S). 17.2 Any additional fees incurred on the day of the EVENT(s) including but not limited to parking, accommodation, road tolls, extra time and services such as a 2^nd photographer (not pre-booked) will need to be paid in full before production commences. The COMPANY has the right to withhold delivery until payment is received in full.

17.3 Any required additional time is charged at a minimum of £250.00 per hour. Additional time is defined as hours required past the scheduled time of the booked services and services used outside of the allotted 24 hour booked period.

18. CANCELLATION

18.1 From the day after the CLIENT has signed and agreed the contract with the COMPANY, the CLIENT has a 14-day ‘cooling off’ period. This means that if the CLIENT wants to cancel the contract, the CLIENT can do, but will need to let the COMPANY know in writing within this time frame. After this ‘cooling off’ period the CLIENT may cancel this contract at any time by giving written notice to the COMPANY but in doing so shall forfeit any monies paid.
18.2 In the event of cancellation, the following charges apply as a percentage of the total fee due. Number of days before EVENT(S) - 70 days or less - 100%, 71-100 days - 75%, 101-140 days - 50%.
18.3 If another event booking is taken for the cancelled date, a refund minus the retainer fee will be made. The said sum shall be payable as compensation as an estimate of the loss of income the COMPANY would suffer. Any services or promotional offers fulfilled as a result of the booking will become chargeable at full rate.

GOVERNING LAW

This agreement shall be governed in accordance with the laws of England and Wales.

*Clients should be advised that these booking terms are subject to change.