Terms & Conditions
Thank you for taking an interest in MINDTHEVISION (“us/we/our”). Please read these Terms and Conditions carefully. We will be happy to answer any questions or concerns you may have in relation to these T&Cs at any time.
1. Definitions
Booking Form – A booking form signed by you further detailing the Photo Services.
Photo \ Photograph – Any photograph, transparency, negative, design, artwork, painting, engraving, digital image file or any other item which may be offered for the purpose of reproduction taken by MINDTHEVISION.
Photo Services – The event or series of events during which we shall provide photographic services to you. Referred to as “(the) shoot”
Reproduction – Any form of publication or copying of the whole or part of any Photo whether altered or not and whether by printing, photography, slide projection (whether to an audience or not), xerography, electronic or mechanical reproduction or storage, or for any use as artist’s reference or illustration, or in a layout or presentation.
Photographer/Videographer – refers to MINDTHEVISION
2. Ownership and Copyright
The copyright and all other rights in the Photos shall be retained by Shahzer Karim, trading as MINDTHEVISION (the “Photographer”). The Photographer asserts the right to be credited as the author of the Photos in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988. Any unauthorised reproduction of any Photos will constitute a breach of copyright.
Please Note: In the event of a collaboration, the photographer does not give out contact sheets, unedited material or all images and/or video from the shoot. The final selection of images will be chosen by the photographer, but is open to discussion on some occasions. If you have paid for a service, you will receive contact sheets of the unedited images for you to make a selection of images. The amount of images you can select will be discussed between you and the photographer.
3. Pricing
Prices can be found on the booking page. All prices are in sterling (£).
4. Deposits
You will be asked to pay a deposit to secure your shoot. You will be required to pay the rate of £50 to the photographer (MINDTHEVISION). For cancellations, please see clause 11 in these conditions.
5. Payment
Payment can be made by the following methods:
* Cash
* Bank Transfer
6. Change of Date
If you need to change the date of the Photo Services then any new date will be subject to the Photographer’s availability. We shall use reasonable endeavours to arrange an alternative date for the Photos Services. If we can agree a revised date we will ask you to fill in a new Booking Form which shall constitute a new agreement on these same Terms and Conditions. In the event that we cannot agree another date with you then the deposit will be lost.
7. Our Obligations
We will use reasonable endeavours to supply the edited photographs (and/or videos) in a professional manner (time not being of the essence in respect of any of our obligations), by means of file transfer websites (such as WeTransfer, Dropbox etc) or USB transfer. All edited images are to be edited by MINDTHEVISION, and the final images sent to the client will be picked by the photographer.
8. Your Obligations
You agree to co-operate with us in all matters relating to the Photo Services and to supply us with all information reasonably requested by us in order for us to carry out the Photo Services.
9. Force Majeure
9.1 We shall have no liability to you under this agreement if we are prevented from carrying out the Photo Services by:
9.1.1 the client(s) not being on time, or the place of the proposed shoot having photography restrictions;
9.1.2 any inhibiting background, location, or additional arrangements with other photographers; and/or
9.1.3 any acts, events, omissions or accidents beyond our reasonable control, including strikes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, inclement weather or default of suppliers or sub-contractors.
9.2 In the event of incapacitating illness or injury to the Photographer we shall have the option, whenever possible, to mutually agree with you a replacement date to carry out the Photo Services. If we cannot agree a replacement date then we shall refund to you any fee paid in relation to the interrupted Photo Services in full (subject to our limitation on liability in Clause 10).
10. Liability
10.1 Our entire liability for any breach of this Agreement or any representation, act or omission (including negligence) shall be limited to our fee in relation to the Photo Services and we shall not be responsible for any special, indirect or consequential or pure economic loss, costs, damages, charges or expenses.
10.2 The limitation on liability shall also apply in the event that Photos are lost through equipment malfunction, are lost in the mail or otherwise lost or damaged where the Photographer is not liable.
10.3 Nothing in these Conditions limits or excludes our liability for death or personal injury resulting from negligence; or any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us.
11. Cancellation
In the event of a cancellation, deposits are fully refundable up till 7 days before shoot date and non-refundable 7 days or less.
12. Advertising and Promotion
We reserve the right to use all images for advertising purposes (including website based advertising, leaflets, brochures, postcards, galleries, apparel prints, canvas prints and competitions).
13. Videography services
When hiring MINDTHEVISION as a videographer. The legislation of deposits follows that of a photoshoot by MINDTHEVISION. All payments must be completed upon filming before editing can take place. If videographer feels like significant filming has taken place without payment, the videographer holds the right to ask for half or completed payment before completing job. Once a video is filmed and edited, a maximum of 2 re-edits will be allowed.
Additional fee’s will be charged if any of the following applies: cancellations on day of filming, cancellations in a situation where cameraman is on way to (or is already at) location, any damage to (or loss of) cameraman’s equipment caused by the other party involved, late arrivals beyond 30 minutes, more than 2 re-edits.
14. General
These Terms and Conditions constitute the whole Agreement between the parties and supersede all previous agreements between the parties relating to its subject matter.
No variation or agreed termination of this Agreement or of any document referred to in it shall be effective unless it is in writing.
If any provision of this Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
A person who is not a party to this Agreement shall not have any rights under or in connection with it.
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of England and Wales.
By booking MINDTHEVISION, you hereby agree and consent to these terms and conditions.