Terms and conditions

1. Definitions

For the purposes of this agreement, “The Photographer” is Marvin Lee-Cruzer trading as Cruzer Films Photography. This means any images furnished by The Photographer, whether photographs, prints or other type of physical or electronic material”.

2. Copyright and Ownership of Materials

The entire copyright, title, and intellectual property rights of any Images will remain that of The Photographer at all times throughout the world.

3. Right to a Credit

The Photographer asserts both his moral right to be identified as the author of his work and the right to a credit (where possible) is asserted in accordance with Sections 77 – 79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.  Please credit ‘Cruzer Films’

4. Exclusivity

The Photographer reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.

The Photographer retains the right in all cases to use the Images covered by this agreement at any time and in any part of the world for the purposes of advertising or otherwise promoting his work.

5. Client confidentiality

The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him, save as to be reasonably necessary to enable the Photographer to carry out his obligations in relation to the work

6. Booking

The Client will be required to complete a Booking Form (via email or hardcopy). On receipt of a completed booking form, The Photographer will send an email as confirmation. The booking will then be considered Confirmed.

Once the Client has made a booking for a specific time and date and this date/time has been Confirmed by The Photographer, The Photographer will not accept any other work from other clients for those times and dates.

A deposit of 50% of the full job fee, will be required to secure desired the day. This is non-refundable

7. Cancellation or Postponement by the Client

When a booking is Confirmed, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule: (i) When a client cancels photography any confirmed date, a fee of 50% of the booked time rate will be charged. (iii)  When a client cancels photography on the day of the confirmed date, the full fee will be charged.  

When a booking is confirmed, if it is subsequently postponed, the Photographer will at his discretion charge a fee for postponement.

In addition, the client may be charged for any expenses incurred by The Photographer as a result of cancellation or postponement.

8. Cancellation by the Photographer

The Photographer will endeavour to put the Client in touch with another photographer in the event The Photographer is unable to attend on booked date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding etc. In the event of such cancellation by The Photographer, or in the very unlikely event of total photographic failure, liability shall be limited to a full refund of any fees paid to the Photographer by the Client at that time.

9. Charges and Timings

If The Photographer provides a quote to The Client, the fee will be charged at that agreed rate. The Photographer generally requests a brief at the time of booking (via email or verbally). 

Where extra expenses or time are incurred or needed by the Photographer as a result of alterations to the original brief by the Client or otherwise at their request, the Photographer will reserve the right to charge the Client extra expenses and fees.

If The Client changes the length of the job, the fee will increase as per the agreed hourly rate. If The Client is delayed or running late and the job runs into extra time again the fee will increase as per the agreed hourly rate.  The Photographer will make The Client aware of timings and should the work run into extra time he will make the client aware of this and the associated costs.  There is a mutual understanding between The Client and The Photographer that punctuality is important and respected by all parties.

If it becomes apparent when the job starts that it is much bigger or different job to the agreed brief it will be made clear to the Client that The Photographer’s fee may increase. If the Photographer is unable to contact the client/payer of invoice at that time work will stop until contact has been made.

On the occasion that incorrect information is given by the Client regarding a booking (wrong location, wrong time etc.) or the Client fails to arrive at the agreed location/time, the full fee will be charged to the Client.

If on arrival at a booked job there is an issue (outside of the Client or Photographer’s control) such as bad lighting or restrictions are in use of where the shoot is taking place, a fee may be charged to cover time.

Quoted fees include mileage up to 80 miles round trip. Additional mileage will be charged at 50 pence per mile thereafter.

Any congestion charges, road toll charges and parking costs will be billed to the client as a Photographer expense and will be added onto the invoice.

10. Payment Terms and Payment

Payment terms are strictly 30 days from the date of the relevant invoice (“the Due Date”) unless agreed in advance and in writing;

The Photographer reserves the right to charge interest at the rate prescribed by the Late Payment Of Commercial Debts (Interest) Act 1998 from the due date until the date payment is made.

If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due with immediate effect, even if it is less than 28 days from the issue date, and that The Photographer may consider these invoices as overdue when pursuing legal action for the recovery of said debts.

Payment by BACS is preferred and bank details will be provided on the invoice. We also accept payment by cheque (made payable to “Marvin Lee - Dingwall”).