Terms & Conditions
Where photography has been commissioned, the Client and the photographer agree that copyright is retained by Roam With Us Limited unless otherwise agreed in writing.
The photographs produced by Roam With Us Limited are protected by Copyright Law and may not be reproduced in any manner without Roam With Us Limited’s explicitly written permission. If the Client has purchased a digital download image from Roam With Us Limited, Roam With Us Limited grants the Client a Single Usage, Non-Exclusive Licence, including permission to share the images on social networking websites, with family and friends and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to Roam With Us Limited. The Client must obtain written permission from Roam With Us Limited before publishing. The Client may not resell images.
Under our terms and conditions, Roam With Us Limited reserves the right to use any image for publicity or advertising purposes without any compensation to the parties involved.
The Client hereby acknowledges that infringement of Roam With Us Limited’s copyright is unlawful and may be a criminal offence.
Roam With Us Limited will be responsible for creative choices in terms of the images captured during the shoot, but will take into account the Client’s reasonable instructions in respect of the shoot brief. Following completion of the shoot, Roam With Us Limited will deliver images to the Client via a secure online gallery as soon as reasonably practical, but cannot guarantee urgent turnaround. Unless expressly agreed in writing, the Client shall not be entitled to reject images based on style or composition.
Roam With Us Limited does not distribute unedited or raw images unless negotiated in advance in writing.
DIGITAL FILES AND STORAGE
All digital negatives (computer files) remain the property of Roam With Us Limited.
The Client shall be solely responsible for the safekeeping, storage, and backup of their images. Roam With Us Limited does not offer any guarantee for future storage or retrieval of archive files, once the Client has received the digital files.
Should the digital negative files be lost, damaged, or destroyed for reasons beyond Roam With Us Limited’s control, liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received.
CLIENT REQUESTED AMENDMENTS
If additional amendments/retouching is requested by the Client, and the request is accepted by Roam With Us Limited, this will be charged at £60 per hour.
CLIENT REQUESTED AMENDMENTS AND CHARGES
If Roam With Us Limited provides a quote to the Client, the fee will be charged at the agreed rate. Roam With Us Limited will generally request a brief at the time of booking (via email or verbally).
Where extra expenses or time are incurred or needed by Roam With Us Limited as a result of alterations to the original brief by the Client or otherwise at their request, Roam With Us Limited 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, the fee will increase as per the agreed hourly rate. Roam With Us Limited will make the Client aware of timings and should the work run into extra time, Roam With Us Limited will make the client aware of this and the associated costs.
If it becomes apparent when the job starts that it is much bigger or a different job to the agreed brief it will be made clear to the Client that Roam With Us Limited’s fee may increase. If Roam With Us Limited is unable to contact the Client at that time, work will cease until contact has been made.
No travel expenses are charged for photoshoots up to a 20-mile round trip from Roam With Us Limited’s location at TS20 1PE. Additional mileage will be charged to the Client at 75p per mile. If the session is taking place on location, any entrance fees, parking fees or related expenses will be payable by the Client.
WEATHER AND DELAYS
Weather permitting the photographs will be taken as agreed. In the event of inclement weather, the photographer, in cooperation with the Client, we will make necessary changes to the schedule. Similarly, when delays occur due to circumstances out of Roam With Us Limited’s control, the photographer will stay on beyond the agreed time, if required, for an additional fee.
The Client is responsible for acquiring all permits and necessary permission for all locations on which Roam With Us Limited will be performing services.
CANCELLATION AND LIABILITY
Roam With Us Limited will take all reasonable steps to ensure equipment is in good working order, backup equipment is available where appropriate, and that images are backed up responsibly. In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
In the event, that Roam With Us Limited is unable to attend on the booked date due to any cause beyond their reasonable control e.g. sudden illness, injury, or an act of God. Liability shall be limited to a full refund of any fees paid to Roam With Us Limited by the Client at that time.
LIABILITY AND INDEMNITY
While Roam With Us Limited takes all reasonable care in the performance of this agreement, it shall not be liable for any loss or damage suffered by the Client or by any third party arising from the use or reproduction of any picture or its caption.
The Client agrees to indemnify Roam With Us Limited in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by Roam With Us Limited.
It is the Client who must satisfy themselves that all necessary rights, model releases, or consents which may be required for reproduction, are obtained and it is acknowledged that Roam With Us Limited gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any picture. If the picture is issued or reproduced by or with the authority of the Client then the Client shall indemnify Roam With Us Limited against any loss or damage, proceedings, or costs where such rights, releases, or consents have not been obtained.
Confirmation of booking, either verbal or written, confirms the client’s acceptance of these terms and conditions. Once the Client has made a booking for a specific time and date, Roam With Us Limited 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, Roam With Us Limited reserves the right to charge the client a cancellation fee according to the schedule below.
A booking is considered firm from the date of confirmation and accordingly Roam With Us Limited, at their discretion, charges a fee for cancellation or postponement. This fee would be charged at the following rate:
When a Client cancels a booking within 3 days of any confirmed date, a fee of 50% of the booked time rate will be charged.
When a Client cancels within 1 day 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 invoice when the assignment is completed.
Roam With Us Limited reserves the right to cancel any photoshoot 24 hours before the shoot starts.
QUOTES AND ESTIMATES
If a fee has been quoted based on the completion of the commission, it is understood that the figure quoted is an estimate, and accordingly Roam With Us Limited reserves the right to charge for all work done, including incurred expenses, if for any reason, the work commissioned takes longer than the time originally anticipated at the date of the estimate.
Payment terms are strictly 28 days from the date of the relevant invoice (“the Due Date”) unless agreed in advance and in writing.
Roam With Us Ltd 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 Roam With Us Limited may consider these invoices as overdue when pursuing legal action for the recovery of said debts.
A fee of £25 will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuance of a debt. This fee is non-refundable and represents the additional time spent pursuing overdue invoices.
Payment by BACS is preferred and bank details will be provided on the invoice.