TERMS AND CONDITIONS
Terms and References
Matthew Burch Photography is a trading name of Matthew Burch, hereafter referenced as either plus MBP
The Client is an individual, sole trader or company requiring photographic services from Matthew Burch Photography
In the absence of a specific Contract
In the absence of a specific contract pertaining to a written or verbal commission it is agreed between Matthew Burch Photography and the Commissioning Client ‘the Client’ that these Terms & Conditions in conjunction with all written and verbal agreements form the basis of the Commission.
Payment Terms
Payment terms vary according to the job and Client and will be confirmed via pre/post quote correspondence and on the invoice.
As a default, full payment of the invoice is expected within seven days of the invoice date and is usually required before the final image files are released to the Client. Some jobs require payment at the shoot time or prior to the shoot date so specific payment terms relating to any job will be detailed with the quote.
Matthew Burch Photography reserves the right to charge an administration fee of £25.00 per letter/telephone call/email in pursuance of late invoice payment. Late payments exceeding 21 days (counted from day eight after the invoice date) may be charged at 8% plus the Bank of England base rate.
Payment Options
Off invoice you will have an online card facility provided by Stripe. Bank details are available for BACS. Payment by card or cash can be made in the studio.
Quotes & Estimates
Any fees stated and/or confirmed on the basis of a completed commission are provided as an estimate in so much as additional work and/or expenses will be chargeable in line with the main fee structure or as agreed with the Client.
Confirmation of Terms
Confirmation of booking, verbal or written, confirms the client’s acceptance of these Terms and Conditions. Once the Client has confirmed a booking for a time and date, Matthew Burch Photography will not accept any other work from other clients for those times and dates. As a result, if a booking is subsequently cancelled or postponed, MBP reserves the right to charge the Client a cancellation fee as per the following schedule below.
Booking and Cancellation Fees
A booking fee may be applied to quotes. Booking fees are non-returnable when a Client cancels or misses the shoot date/time. A paid booking fee is credited towards the invoice.
A booking is considered firm as from the date of confirmation and accordingly Matthew Burch Photography reserves the right to charge a fee for cancellation or postponement. This fee would normally be charged at the following rate: When a client cancels a booking within 7 days of any confirmed date, a fee of 50% of the booked time rate will be charged. When a client cancels photography within 2 days of any confirmed date, a fee of 100% of the booked time rate will be charged. In the event of the job being rescheduled 50% of this fee will be credited to the new invoice when the assignment is completed.
Note: Any cancellation fee payable may include additional cancellation charges incurred or payable by Matthew Burch Photography in respect of (not limited to) model fees, stylist charges, prop searches and purchase expenditure etc.
Passport ID & VISA Photos
Matthew Burch Photography offers passport, ID and VISA photos in the studio. All effort is made to ensure the requirements laid down by the relevant authority are met. If a photo is rejected for submission and a written explantion is supplied to MBP, any permissable edit to the photo will be done, or MBP will offer a re-shoot free of charge. Payment for these photos is made before or at the shoot time.
Hair & Make Up
Matthew Burch Photography only books professional Hair & Make Up Artists (H&MUA’s) and as such they pay close attention to their products and check with people regarding any allergies however, we ask that the Client informs people being photographed that when a H&MUA will be attending they confirm to us any known allergies.
Flash Photography
Matthew Burch Photography uses studio strobes or speedlights (flash photography) for headshots. It is important that the Client ensures that all participants are aware that flash photography takes place and that MBP is informed in advance if this is difficult for anyone.
Aftershoot Photo Gallery Availability
Depending on your photoshoot type, photos may be supplied to you via an online gallery on the Shootproof platform. By default your gallery will be available for a 30 day period. If you require extended access to the photos please ask MBP
Copyright & Image Licences to Use
As per the Designs & Copyright Act 1988, Copyright remains with Matthew Burch.
A Corporate Image Licence is included in the fee charged unless otherwise stated with separate Terms agreed. The Corporate Licence is valid once the invoice has been paid in full and the photos should not be used until then unless agreed with Matthew Burch. The standard Corporate Licence is as follows:
Copyright is owned by Matthew Burch. Corporate reproduction rights allow photographs to be reproduced by the “Commissioning Client” (CC) for the images, or in the case of a Commissioning Intermediary (CI), the “End User Client” (EUC). These images may be used by the CC or EUC in their own promotional material, for: marketing purposes, advertising, press releases, social media, internet/intranet sites, retail packaging and images may be used in internal reports, client surveys and public reports in relation to the CC or EUC. Images can be used in perpetuity by the CC or EUC. Unconnected third party use is prohibited including re-sale of the photos in any manner.
If your photography is for personal use, the Personal Licence is as follows:
Copyright is owned by Matthew Burch. Personal reproduction rights allow copying (inc printing) of images by "the client" for personal purposes only. Personal reproduction rights do not allow the use of images for corporate/commercial/business advertising, marketing or publicity in any way. Images with personal reproduction rights must not be placed on corporate/commercial/business websites or on any other form of corporate/commercial/business electronic media. Personal, non-corporate/non-commercial/non-business, sharing on social media is permitted without edits or filters. Should "the client" subsequently wish to use the images for corporate/commercial/business purposes, written permission must be obtained from Matthew Burch and a subsequent additional fee may be charged. Third party use prohibited including the re-sale of the photos in any manner.
CREDIT In all cases Matthew Burch expects to receive a credit with all and any published photographs.
GDPR
We take the GDPR seriously and insofar as is possible we have checked that our uses of online platforms, data storage & security, marketing, support and third party companies and individuals across all required sectors comply with the regulations, limited to the information they provide direct or publicly. Please see our Privacy Policy for more information.
Image Storage/Archive
Matthew Burch keeps and archives all photographs but makes no guarantee to do so for any period. It is the Client’s responsibility to ensure that delivered photos are retained safely. If a repeat delivery is required a fee may be charged.
Use of Images for Marketing Purposes by Matthew Burch Photography and/or Matthew Burch as well as the sister brand White Space Headshots
Matthew Burch Photography, Matthew Burch and sister brand White Space Headshots™ reserves the right to use images for marketing purposes for the legitimate development of the business as well as potential submissions to photography competitions, events and accredidation organisations, unless otherwise agreed with the Client.
Image Processing & Delivery
After completion of a photoshoot, images are selected and edited by Matthew Burch Photography and receive basic editing in line with producing a .jpeg image file. Attention is paid to crop, alignment, colour balance, contrast and some basic skin blemish removal if appropriate. Additional editing required by the Client will be charged at the prevailing editing fee.
Final images are delivered to the Client as high resolution .jpegs usually via a Shootproof gallery.
Rejection
There is no right to reject any photos and subsequently payments, on the basis of creative style, composition, expression and in the case of all portraiture, self image.
Confidentiality
Matthew Burch Photography will keep information confidential and will not disclose to any third parties, excepting individuals in the employ of Matthew Burch (PAYE/Freelance/Sub-Contractors/Advisory/Consultancy) or make use of material or information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.
Public Liability Insurance
Matthew Burch maintains £2,000,000 Public Liability Insurance.
Applicable Law
These Terms & Conditions shall be governed by the Laws of England and Wales
Variation
These Terms & Conditions shall not be varied except by agreement in writing. Matthew Burch reserves the right to make changes to these Terms & Conditions without notice.
Matthew Burch Photography
Frensham Studios, Shortfield Common Road, Frensham, Farnham, Surrey, GU10 3BJ
https://www.matthewburchphotography.co.uk