VISUAL EYE TERMS AND CONDITIONS
It is agreed that the terms set out below are the total agreement made between Visual Eye or Visual Eye Creative (a trading name of Visual Eye) and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
1. Specific Requests / Coverage
Any specific requests must be made by the client to the photographer in writing. The client understands and accepts that our photographic coverage will be as the photographer’s professional expertise determines. Specific requests are not a binding instruction, although every effort is made to comply with the client’s brief.
2. The Photographer
On occasions, and without notice, it may be necessary for the photographer to be substituted by another photographer from within Visual Eye.
3. Post Production
As part of our extensive post production process Visual Eye will provide an accurate colour balance to the supplied images, but cannot always guarantee exact colour matching. It is sometimes impossible to record digitally the exact colour as seen by the human eye.
4. Retouching
Minor retouching will be undertaken as part of the post production process. Additional extensive retouching is available, if required, at an additional cost. Retouching or any alterations to our images by the client, their agents or third parties is strictly forbidden, without the express permission, in writing from either Jonathan Cosh of Visual Eye or Tom Hampson of Visual Eye Creative.
5. Image Use
The client hereby consents to Visual Eye’s use of our imagery for any promotional requirements that includes, but not exclusive to, website, portfolios, printed collateral and social media. All images are limited in their use by the original paying client and / or their agents. Any third party must refer to and seek written permission from the image owner (Jonathan Cosh of Visual Eye or Tom Hampson of Visual Eye Creative) before using the image.
All images are supplied with an initial license of 12 months from the date of delivery, exclusive to the original paying client. This license can be extended beyond 12 months for an additional annual fee. Unless agreed otherwise each job or project is treated as a whole with all originally supplied images within that job or project being charged as one entity rather than as individual images. Derivative copies or versions of any originally supplied works is only permitted once written agreement from Jonathan Cosh of Visual Eye or Tom Hampson of Visual Eye Creative has been granted. All cases of copyright and license infringement will be prosecuted.
6. Cancellation
Once a shoot date(s) has been agreed cancellation fees will be applicable. A cancellation notice will only be actioned once received in writing. The following fees will be charged.
Up to 28 days prior to shoot date 25%
Up to 14 days prior to shoot date 50%
Up to 48 hours prior to shoot date 75%
Within 48 hours prior to shoot date 100%
The cancellation charges refer to the above percentages of the total agreed day rate for the entire job.
7. Complaints
Any complaints should be raised by the client with Visual Eye in writing, within 7 days of first becoming aware of the matter and in any event within 7 days of receipt of the images.
8. Limitation of Liability
In the unlikely event of a total photographic failure or cancellation of this contract the liability to Visual Eye is limited to the providing our services in order to reshoot the original job should Visual Eye be deemed responsible for the failure. Visual Eye shall not be liable for indirect or consequential loss.