1. DEFINITIONS

For the purpose of this agreement 'the Client' is the person, body of people, organisation or company and their agents or assignees that commissioned the services of Ben Ellis Photography

'Ben Ellis Photography' is the trading name of Ben Ellis and his agents and assignees.

"Images" are all photographic material, graphic design work, illustration, text, and other works in the form of printed media or in any electronic form on CD, DVD or on the Internet, or parts thereof produced by Ben Ellis Photography and its agents and assignees.

2. COPYRIGHT

Ben Ellis Photography reserves the right to use external contractors to produce work where necessary. Copyright for all images and materials are owned by the original creator, photographer or designer. No image or part thereof may be copied or reused in any form without the written consent of the copyright holder.

All work produced for each individual client is for that client only and may not be transferred without the written consent of Ben Ellis Photography. The client shall not ‘ pass on ' any images to be used by another party or in conjunction with another party.

Ben Ellis Photography retains the right in all cases to use the photographs in any manner at any time and in any part of the world for any purpose. No work is exclusive to the client unless agreed in writing.

3. INDEMNITY

Ben Ellis Photography shall not be liable for any legal action, claim or damages resulting from or arising out of the publication of any images or other use by the client. The client shall indemnify Ben Ellis Photography against any claims or damages against them including reasonable counsel fees.

4. PAYMENT

Any balance will be due within 14 days of the receipt of the relevant invoice.

Unpaid invoices will be charged interest at 5% above current HSBC lending rates plus any administrative costs and any work may be halted until payment has been received in full. Ben Ellis Photography will vigorously pursue any overdue debts and may employ third parties to recover the dept.

5. CLIENT APPROVAL

The interpretation by Ben Ellis Photography and its agents, of any brief shall be deemed as correct. It is the clients ' responsibility to ensure that a full and comprehensive brief is supplied.

6. CANCELLATIONS

The client is responsible for payment of all expenses incurred up to the time of cancellation, plus 50% of the fees. If notice of cancellation is given less than 2 business days before the shoot date, the client will be charged 100% of the photographer ' s fees.

7. RESHOOTS

Ben Ellis Photography will charge 100% of all costs and fees for any photography re-shoot requested by the client after the initial shoot,

8. RE-DESIGN AND PRINT WORK

100% of all costs and fees will be charged for any design, print or illustrative work carried out after the initial design has been completed.

The client shall advise Ben Ellis Photography of any changes to be made, immediately after the first viewing of proofs. Excluding spelling errors any changes after this will incur further costs. Once an order has been agreed to and sent to print no changes can be made, unless all redesign and print charges are paid. It is the responsibility of the client to ensure the work is correct and that all proofs are checked thoroughly.

Printed material in anything other than small specialist amounts (under 100) will be contracted out to an external printing company. The company may vary and is chosen for each individual job on the basis of cost and quality.

Due to the nature of printed media exact colour matches cannot be guaranteed and discrepancies in the number of items can vary by 5% from the original ordered number. Slight deviations in colour and quantity will not be regarded as defects by Ben Ellis Photography or by the print company.

9. FINISHED PACKAGE

Prints, DVD ' s and other package items cannot be delivered by a specific date due to unreliability of postal services and suppliers ' services. It can take three to six weeks for print finishing and packaging. We will only send packages out once all parts are completed.

10.AGREEMENT

These are the business terms of Ben Ellis Photography. Only on the agreement of these terms can Ben Ellis Photography commence with any commission.