Terms of Service

Application of Terms

These terms and conditions will apply to all Assignments undertaken by Neal Byrne Photography and to all Usage Licenses.

Neal Byrne Photography Logo

Definitions

  • “Assignment” means a commission of photographic services.

  • “Client” is the party commissioning the photography services and includes clients affiliates and successors in title.

  • “Photographer” refers to Neal Byrne Photography and anyone working with / for him.

  • “Estimate” / “Quotation” means any email or other document electronic or otherwise setting out a fee and expenses for any assignment along with information as to usage licenses.

  • “Fee” means photographers fee as set out in the estimate.

  • “Licensed Images” means the still and / or moving images selected and as specified in the estimate as to be licensed for use in accordance with these terms.

  • “Usage License” means the license to use the Licensed Images as set out in the estimate and / or invoice.

  • “Working Day” means a day that is NOT a Saturday or Sunday or any day that is a bank holiday in Ireland.

 

Estimates / Quotations

  • Estimates / Quotations provided are based upon the information provided by Client in advance of preparing the Estimate.

  • Changes to the requirements for an Assignment before or during a shoot may increase the Fee and expenses.

  • Unless otherwise agreed in writing Client’s agreement of shoot date(s) shall be deemed to be acceptance of the Estimate.

Payment

  • 50% of the initial estimate / quotation must be paid in advance of the commencement photoshoot unless otherwise agreed in writing.

  • The remaining 50%, plus any additional expenses or charges must be paid on delivery of the final images.

  • Photographer reserves the right to charge interest on late payments at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 from the date payment was due until the date payment is made.

  • Unless agreed in writing, any images produced may not be used for any purpose until full payment is made.

Overtime and Antisocial Hours

  • A normal day is up to 10 hours (including 1 hour for lunch) between 9am and 7pm on any Working Day.

  • Any hours worked outside a normal day (“Antisocial Hours”) will incur additional overtime fees for Photographer, crew and facilities.

  • Photographer’s additional hourly overtime fees are:

    • Between 7pm and 10pm on a Working Day = 1.5 x Photographer’s Hourly Rate

    • Between 10pm and 9am on any day and at any other time on a non-Working Day = 2x Photographers Hourly Rate

Props for Photoshoot / Set design

  • The Client may provide any / all additional props for the photoshoot and set design.

  • If required, the photographer can source / build the props needed to execute the shoot.

  • Expenses accrued for sourcing, paying for, or building these props will be billed to the Client.

Conduct of the Photoshoot

  • The shoot will be arranged on date(s) mutually agreed between the parties.

  • During the shoot Photographer will take account of Client’s reasonable instructions in respect of the shoot brief.

  • If Client is not present during the shoot then Photographer’s interpretation of the brief shall be deemed acceptable to Client.

Communication During and After the Photoshoot

  • During the photoshoot

    • If the Client is unable to physically attend the photoshoot, it is suggested that the Client is available by phone / text / email on the day of the photoshoot.

    • Sample images of the set design can be sent through text / whatsapp or email.

    • A quick and detailed response to these communications is necessary if any changes are to be made to the set up.

    • If there is no response for more than 20 mins the photographer will assume all is OK to continue – if further changes are needed, after the photographer has proceeded with the photoshoot, these changes will be at the expense of the client (billed at the Photographers hourly rate)

  • After the photoshoot

    • Email is the preferred method of communication.

    • Unless absolutely necessary / urgent or agreed upon, the Photographer is under no obligation to reply to text / whatsapp messages.

    • Any messages (email, text, voice) received outside of working hours will be replied to during the next working day.

Image Revisions

  •  All contracts come with two minor revisions per image.

  • Additional minor revisions or a major revision will be billed at the Photographers hourly rate.

  • Following the photoshoot, and prior to finalising, sample (lower resolution) images can be sent to Clients for review and suggested revisions

    • Any / All feedback on the image(s) should be sent at one time.  Additions to any feedback given will be considered a ‘new’ revision.

    • Photographer will make changes and re-send updated files for review.

  • Minor and Major Revisions

    • Minor revision example: changes to exposure, light, colour, saturation etc.

    • Major revision example: any changes that will require a full reshoot, or complete re-edit to the main subject or background within the image(s)

  • Unless expressly agreed in writing between the parties, Client shall not be entitled to reject the images on the basis of style or composition – whether the client was present at the shoot or not.

Acceptance and Delivery

  • Following completion of the photoshoot Photographer will deliver the images to the Client as soon as reasonably practicable and in the agreed format.

  • Subject to any previously agreed deadlines for post-production work Photographer will carry out any such work required as soon as reasonably practicable but cannot guarantee urgent turnaround.

  • Unless expressly agreed in writing between the parties Client shall not be entitled to reject images on the basis of style or composition – whether the client was present at the shoot or not.

  • Images will be delivered digitally, by WeTransfer – a download link will be provided by email.

Third-Party Rights

  • Estimated model fees cover modelling time only and Client shall be responsible for clearing model usage unless otherwise stated on the Estimate.

  • Props / Items created specifically for the shoot shall remain the property of their creator unless agreed otherwise.

Credits

  • In respect of all editorial publications, Client shall ensure that Photographer’s name is printed on or in reasonable proximity to all published reproductions of the Images.

 Return of Product / Materials

  • Arrangements must be made within 60 days of the photoshoot, for all goods and materials relating to the photoshoot to be collected.

  • After this time period Photographer cannot be held accountable for the goods or materials.

Confidentiality

  • Photographer and Agent will keep confidential and will not disclose to any third parties or make use of material or information communicated to them in confidence for the purposes of the Assignment, save as may be reasonably necessary to enable Photographer and / or Agent to carry out their obligations in relation to the Assignment.

Copyright and Usage Licences

  • The copyright, moral rights, and all other intellectual property rights to the photos belong to Photographer and / or his or her heirs, licensees or assigns, with full right of lawful disposition in any manner.

  • The Photographer will never sell or transfer the publication to the image(s) to any 3rd party.

  • The Client may use the image(s) produced, as long as it is directly related to the promotion or advertising of the original company and not transferred or sold to a 3rd party, even if that 3rd party is a subsidiary or linked company.

  • If an image has been commissioned by an advertising agency or other party on behalf of a client, then the advertising agency or other party may not assign rights to anyone other than the original client for who the work was commissioned.

  • The advertising agency or other party may retain the right to use the image for its own self-promotion purposes providing that it is in the context of the original use. i.e. an advertising agency may demonstrate commissioned images as part of its own self-promotion or portfolio, providing that it is in conjunction with the respective artwork or client logos for which it was originally commissioned.  Under no circumstances may an agency reproduce the photography for another project or its own promotional purposes without the commissioned images having a direct link to their original purpose.

  • If photography is commissioned by an agency / company it is the responsibility of the agency / company to ensure that all visuals / briefs or ideas for the photography are original in content.  The Photographer will not be held responsible for any action brought by a third party for copyright or intellectual property infringement.

Force Majeure

Neither Photographer nor Agent shall be liable for any failure or delay in the performance of any of such party’s obligations under these Terms caused by any circumstances beyond such party’s reasonable control.

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In commissioning the Photographer you are declaring your agreement to be bound by the above Terms of Service / Copyright agreement and Payment Plan.  Should these terms and conditions be broken, image use will be automatically revoked, additional fees may be applied and legal action may be taken.

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