Terms of Use
Any part of this Agreement is subject to change without notice.
This Agreement is made effective for all purposes in all respects as of 22-February 2024. Mike Pitches Photography, herinafter referred to as “the COMPANY” and “The CLIENT” relating to the event(s) detailed below, hereinafter referred to as “The EVENT(S). Photography and Videography shall be referred to as "CONTENT".
ENTIRE AGREEMENT: 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. 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.
RESERVATION: Once the dates and times of the EVENT(S) are confirmed, and any deposit is agreed, the EVENT shall be placed in the Company’s diary. If the EVENT(S) are rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, any applicable deposit fee is non-refundable 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.
EVENT SCHEDULE: The Client agrees to confirm the schedule one-week prior to the Event(s), or latest within 24 hours. Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the COMPANY by the CLIENT.
SAFETY: 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 any person or persons at the EVENT(S); or in the event that the safety of the photographer from the COMPANY is in question.
SHOOTING TIME / ADDITIONS: 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 (unless agreed prior to the Event or at the Company’s discretion). If the CLIENT does not arrive at the appointed time for the EVENT(S) without good reason, all additional time beyond the scheduled end time will be billed to the CLIENT.
EXPENSES INCURRED: When applicable, the CLIENT is responsible for all travel, accommodation, meal, and transport costs unless provided by the CLIENT.
TRAVEL EXPENSES: All travel expenses are based on the distance between the EVENT location(s) and will be normally included in the Event quote.
RESPONSIBILITIES: The COMPANY is not responsible for compromised content 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. The COMPANY is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the content coverage. The COMPANY is not held liable for missed coverage of any part of the EVENT(S). The COMPANY will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT(S) as a result of the above.
VENUE AND LOCATION LIMITATIONS: 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.
PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the COMPANY will be performing services.
COPYRIGHTS: All content produced by the COMPANY is protected by Copyright Law (all rights reserved) and may not be reproduced other than agreed in any manner without the COMPANY’s explicitly written permission.
In the situation of the Event happening in a Venue that books the Company, content purchased by the Venue cannot be used by additional parties without the express permission of the Company. For example, a Venue has a live performance, and books the Company to provide content of the Event, performers (and/or audience) cannot obtain the content for their own marketing use without the express permission of the Company. The Company may use discretion to grant use of content for a fee, depending on the nature of the Event.
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 on each occasion of publication. All credits on social media must be a live clickable link to the Company’s page. The CLIENT must obtain written permission from the COMPANY prior to publishing or selling the photographs. Any exclusions to this will have been explained and accepted prior to the Event.
LIMIT OF LIABILITY: In the unlikely event that we are 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 EVENT(S). We have valid £1M Public Liability Insurance and are CRB checked to Standard Level. Evidence of protection are available, please contact us.
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. 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.
CAPTURE AND DELIVERY: The COMPANY will always aim to provide high quality media content at every event attended, however 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.
POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left to the discretion of the COMPANY.
The Client shall not receive the original RAW, unedited files or other such content. The Company will only provide suitably edited content be it footage or images. All finished content will be normally be transferred online via Google Drive account or WeTransfer. Should the Client wish to provide an alternative storage medium such as an external hard drive, this can be accommodated. The COMPANY is not responsible for the quality of storage medium in this case.
PAYMENT SCHEDULE: Where applicable, the aforementioned deposit is due at the time of agreeing the Event contract. The remaining balance is payable in full either on the day of the EVENT(S) or within 30 days if invoiced, the Company may use discretion on this matter. 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, retaining any monies already paid.
PRICING: Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice.
