Terms & Conditions This page contains important information about our Privacy Policy, Photography Terms & Conditions and Studio & Equipment Hire Terms & Conditions which apply to all confirmed bookings. We recommend that you familiarize yourself with them before booking any of our services. Should you have any questions please call us on 0161 667 5088. Privacy Policy We do not store credit card details nor do we share customer details with any 3rd parties. Photography Terms & Conditions These Terms & Conditions relate solely to Photographic services provided by James Broome Photography and it s partners. They should be read in conjunction with our Studio & Equipment hire Terms & Conditions which cover issues relating to the use of our studio space, equipment and additional services. Definitions In these conditions the following expressions have the following meanings: James Broome Photography The Cove Studio Limited trading as James Broome Photography. The Client any person or firm or company dealing with James Broome Photography or any servant or employee of such a person firm or company. For the purpose of this agreement Client, Customer `Agency and Advertiser shall where the context so admits include their respective assignees, sub licensees and successors in title. In cases where James Broome Photography s client is a direct client (i.e. with no agency or intermediary), all references in this agreement to both the Agency and the Advertiser shall be interpreted as references to James Broome Photography client, Photographs means all photographic material furnished by James Broome Photography, whether transparencies, negatives, prints, digital image files or any other type of physical or electronic material.
Copyright The entire copyright in the Photographs is retained by James Broome Photography at all times throughout the world. Ownership Of Materials Title to all Photographs remains the property of James Broome Photography. When the License to use the material has expired the Photographs must be returned to the James Broome Photography in good condition within 30 days. Use The License to use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s) without James Broome Photography express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation. Where use is restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee, to be mutually agreed. Note: An agreement must be reached with the James Broome Photography before the Photographs may be used for other purposes. Exclusivity The Agency and Advertiser may be authorised to publish the Photographs to the exclusion of all other persons including James Broome Photography. However, James Broome 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 the purposes of advertising or otherwise promoting our work. After the exclusivity period indicated in the License to use, James Broome Photography shall be entitled to use the Photographs for any purposes. Client Confidentiality James Broome Photography will keep confidential and will not disclose to any third parties or make use of material or information communicated to us in confidence for the purposes of the photography, save as may be reasonably necessary to enable James Broome Photography to carry out our obligations in relation to the commission.
Indemnity a. While James Broome Photography takes all reasonable care in the performance of this agreement generally, we shall not be liable for any loss or damage suffered by the Client or by any third party arising from use or reproduction of any image or its caption. b. The Client agrees to indemnify James Broome Photography in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any image supplied to the Client by James Broome Photography. c. It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that James Broome Photography gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any image. In the event that the image issued or reproduced by or with the authority of the Client then the Client shall indemnify James Broome Photography against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained. Payment a. Payment terms are strictly 30 days from date of invoice by crossed cheque made payable to James Broome Photography or by automated credit transfer (BACS). BACS details will be supplied with our invoice. b. Proof of postage of remittances is not considered proof of receipt, and clients are advised to send payment by any method affording proof of delivery. c. James Broome Photography reserve the right to delay delivery of photographs until full payment has been made. d. In the event of late payment, James Broome Photography reserves the right to charge interest on all outstanding amounts from the last date that payment was due to the date that payment is made. Interest will be charged at 10% above the Bank of England base rate. e. If payment is not made in accordance with (a) above then James Broome Photography may rescind this Agreement and recover damages. If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 30 days from the issue date. f. A fee of 10.00 may be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuing of a debt. This fee is non refundable, and represents the additional time spent pursuing overdue invoices. g. James Broome Photography reserves the right to suspend ongoing services, such as (but not limited to) the Downloadable Web Page or other distribution of images, once any invoice issued to a Client becomes overdue, and also reserves the right to inform the reason of this to third parties to whom this
suspension of service affects. h. On the Client s death or bankruptcy or (if the Client is a company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, James Broome Photography may at any time thereafter inspect any records, accounts and books relating to the reproduction of their images to ensure that the images are being used only in accordance with the reproduction rights granted to the Client. Expenses Where extra expenses or time are incurred by James Broome Photography as a result of alterations to the original brief by the Agency or the Advertiser, or otherwise at their request, the Agency shall give approval to and be liable to pay such extra expenses or fees at James Broome Photography normal rate to James Broome Photography in addition to the expenses shown as having been agreed or estimated. Overtime rates will be billed as indicated on your estimate for work that extends past the half day or day rates. Travel expenses may be added to your estimate, a further fee may be incurred for travel time out of the standard 8 hour Day rate or 4 Hour half day rate. Rejection Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition. Deposit For all commercial photography projects, a non refundable deposit of 50% of the original quoted amount is required upon booking. This will be invoiced at the time of booking and is payable within 30 days (as per our payments terms above). Cancellation & Postponement A booking is considered firm as from the date of confirmation. Cancellations or amendments made to any booking within 48hrs from the start of the booking will be subject to a cancellation charge of 50% of the agreed amount. Right To A Credit If a 'Right to a Credit has been agreed, James Broome Photography s name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). By agreeing a 'Right to a Credit' James Broome Photography also
asserts our statutory right to be identified in the circumstances set out in Sections 77 79 of the Copyright, Designs and Patents Act 1988 or any amendment or reenactment thereof. Supply To Third Parties The license only applies to the advertiser and product as stated in the estimate or as agreed in discussions. Electronic Storage Save for the purposes of production for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of James Broome Photography. Manipulation of the image or use of only a portion of the image may only take place with the permission of James Broome Photography. Applicable Law This agreement shall be governed by the laws of England Scotland, Northern Island & Wales. Variation These Terms and Conditions shall not be varied except by agreement in writing.
Studio & Equipment Hire Terms & Conditions Studio Hire prices are for space rental only unless stated otherwise. If you need additional lighting equipment, assistants, digital workflow operators or any other additional services please contact us in advance to arrange this and ensure availability. By booking studio and/or equipment hire with us you automatically agree to these terms and conditions. Definitions In these conditions the following expressions have the following meanings: James Broome Photography The Cove Studio Limited trading as James Broome Photography. The Customer any person or firm or company dealing with James Broome Photography or any servant or employee of such a person firm or company. Services shall include all studio facilities and the services of assistants, technicians, operators and other personnel of James Broome Photography or of any subcontractor of the Company. Equipment all studio fixtures and other equipment provided by James Broome Photography or by its nominated sub contractors. Studios the premises of James Broome Photography for the time being where the services and equipment are provided. General 1. James Broome Photography will insure the Studios and Equipment against all normal insurable risks but not further or otherwise. The Customer must effect its own insurance cover against consequential loss of profit and other Risks and must effect its own cover against loss, damage or theft of any of its own equipment brought onto the studio. Under no circumstances will James Broome Photography entertain any claims arising out of any failure of the Customer to effect its own insurance cover. The Customer must ensure that their Public Liability insurance is operative for all persons in the studio during the hours of use to cover any accident, injury or death. 2. These Conditions constitute the entire contract and may not be varied otherwise than in writing signed by a duly authorized signatory on behalf of James Broome Photography. 3. Studio & equipment hire rates may be varied by James Broome Photography without prior notice. 4. Nothing in these Conditions is intended to exclude restrict or modify liability on the part of James Broome Photography resulting from negligence or
otherwise unless permitted by Statute. 5. The Customer is responsible for any breakages, loss or damage occasioned to the Equipment or the Studio caused by or arising from the Customer use thereof or by any servant agent employee or sub contractor of the Customer. 6. Any discounts offered on James Broome Photography hires are exclusive. They cannot be combined. Except for company wide or pre agreed discounts, the higher discount will always be applied. In the case of special offers these must be requested at time of booking, and will not automatically be applied. Studio Hire 1. The Studio is available for daily use between 0900hrs and 1700hrs. Use outside these hours shall be charged at the published overtime rates unless previously agreed in writing by James Broome Photography. 2. The Studio may be provisionally booked by telephone and the booking should be confirmed within 24 hours. Once booking is confirmed you are agreeing to the terms and conditions set out herein. 3. A non refundable 50% deposit is payable in advance unless otherwise agreed in writing. 4. Studio and Equipment hire bookings must be paid for on the day of the shoot unless otherwise agreed in writing. 5. If the Customer wishes to postpone a confirmed booking this must be done at least 7 days before the hire period starts or 50% of the full studio booking rate will apply. 6. Bookings may only be extended with the prior consent of James Broome Photography, and published overtime rates will be applicable to any hire that run over the booked time. Customers must ensure that set up and take down time takes place within the hours booked. 7. The Customer must observe all regulations governing the use of the Studio and of any Equipment and services whether imposed by James Broome Photography or by any statutory body or Local Authority. 8. The Studio is available for the exclusive use of the Customer named in the booking and the Customer is not permitted to sub contract sub let or otherwise permit any third party to utilize the Studio without the prior written consent of James Broome Photography. 9. Any materials used in connection with sets constructed by the Customer as well as any rubbish shall be removed from the Studio at the end of the hire period at the expense of the Customer otherwise additional charges will apply. 10. No alterations, decorations or additions to the Studio are permitted without the consent of James Broome Photography. At the end of the hire period the Studio must be surrendered in the same condition that it was in at the start of the hire period. Any costs incurred by James Broome Photography arising out of any breach of this Condition shall be paid by the Customer. 11. The Studio is supplied clean, with a white painted cove where possible, at the start of the hire period and all the costs of painting, repairing, and maintaining this state are payable by the Customer. James Broome
Photography must be notified by the Customer at the start of the hire period if any aspect of the condition or decoration of the Studio or the cove is unacceptable. If no such notification is given the studio, cove and decoration will be determined to be of an acceptable standard for use by the Customer. Special painting requirements should be notified to the Studio Manager at least 5 working days in advance and will incur additional costs. 12. The Customer must ensure that any persons under the age of 18 have parents or guardians permission to be at the studio during the period of studio hire. Hire of Services and Equipment 1. All equipment and services are supplied by James Broome Photography entirely at the risk of the Customer. James Broome Photography shall not be liable for loss or damage of any kind to material or props or equipment entrusted to it however caused including consequential loss and loss of profit. 2. The Customer must notify James Broome Photography at the time of supply if the condition of any Equipment is not acceptable. 3. In no circumstances shall James Broome Photography be liable for any loss or damage, including consequential loss, however caused arising out of the use or the inability to use the Equipment supplied or agreed to be supplied 4. The Customer may not without the written consent of James Broome Photography: a. Remove the equipment from the Studio premises; or b. modify or alter or tamper with the Equipment in any way; nor c. use the Equipment in a manner not recommended by the Manufacturer; nor d. allow or suffer the Equipment to be used by any untrained or unauthorised personnel; nor e. part with possession sell pledge encumber or suffer any lien to be created on the Equipment. 5. Where at the request of the Customer James Broome Photography supplies to the Customer the services of assistants, sub contractors, freelancers or other persons such persons shall be deemed to be the servant of the Customer and the said services shall be deemed to be rendered by the Customer and James Broome Photography shall not be liable for loss or damage of any kind however caused. 6. James Broome Photography shall not be liable for any loss or damage howsoever arising out of any statement advice instruction or any other representation given or made by any servant of James Broome Photography or any other person whose services are supplied to the Customer. 7. The hire period for services or Equipment cannot be extended otherwise than with the consent of James Broome Photography. 8. Equipment must be returned promptly at the end of the hire period in good condition (save for fair wear and tear). The Customer shall pay or compensate James Broome Photography for the replacement value of lost or
damaged Equipment or in respect of any cancellation or variation of any order or failure to return the Equipment on time. 9. Bookings may only be extended with the prior consent of James Broome Photography, and published overtime rates will be applicable to hires that run over the booked time. Payment and Additional Charges 1. Unless otherwise agreed in writing all transactions will be settled in agreement with James Broome Photography payment terms set out in our terms and conditions before the commencement of the hire period. Authorised account holders must settle accounts within 14 days of the date of invoice. Prices may be varied without notice to the Customer. 2. Any due amount unpaid shall be liable to interest at 10% above the Bank of England base rate. 3. The hire charge commences when the Studio and/or Equipment is made available to the Customer whichever is the earlier and terminates when the Studio and/or Equipment is surrendered or returned to James Broome Photography or the agreed hire period ends whichever is later, James Broome Photography will charge for additional hire hours at the published hourly rates. James Broome Photography reserves the right to make an additional hourly labour charge to cover any costs incurred by James Broome Photography as the result of failure to comply with these Terms & Conditions. 4. Any additional Equipment, services, staff or modifications to the Confirmation of Booking will be billed to and paid for by the Customer. 5. At the end of the hire period the Customer may be charged at the discretion of James Broome Photography an additional rental where the Studio or any item of Equipment is delivered to or returned to James Broome Photography in a bad or damaged condition so as to preclude use or hire of the said Studio or Equipment. 6. Where James Broome Photography is required to place a security deposit with any third party for the hire of any item of equipment such deposit shall be paid to James Broome Photography by the Customer when the booking is made. 7. All studio hire bookings will subject to pay a fully refundable damage waiver of 100 that is to be paid at the beginning of the studio hire and will be returned in full should no damage occur during the hire period. 8. James Broome Photography shall have a general lien on any film, media or other equipment digital or otherwise or property in the possession of James Broome Photography or in the Studio premises for the payment of any monies due to James Broome Photography from the Customer.
Cancellation & Postponement A booking is considered firm as from the date of confirmation and accordingly the James Broome Photography will charge a fee for cancellation or postponement upto 50% of the deposit paid if cancelled within 7 days and upto 100% if cancelled within 72 hours. Exclusions of Liability James Broome Photography shall not be liable to the Customer for any loss damage expense liability or for any consequential loss (including loss of profit) whatsoever or howsoever arising out of or in connection with any of the following: a. any damage to or loss of property by the Customer or the Customers servants or agents or any third party. b. any breakdown stoppage or failure of the facilities and Equipment provided in the Studio or any other Equipment supplied to the Customer by James Broome Photography. c. any death or injury occasioned to any Customer or servant or agent of any Customer occasioned by the use of the Studio or any Equipment unless such death or injury is directly attributable to the negligence of James Broome Photography or the servants or agents of James Broome Photography. d. for any fines and/or legal costs incurred by James Broome Photography or the Customer for any activity connected with the hire of the Studio or Equipment. e. any failure on the part of James Broome Photography to comply with its obligations to the Customer due to any circumstances beyond the control of James Broome Photography. Indemnity The Customer shall at all times keep James Broome Photography indemnified against all actions proceedings costs charges claims expenses and demands whatsoever which may be made or brought against James Broome Photography or the servants or agents of James Broome Photography by any third party in respect of any alleged injury loss damage or expense arising out of or in connection with the use of the Studio or Equipment or services supplied by James Broome Photography even where such injury loss damage or expense is caused wholly or in part by the negligence or breach of contract of James Broome Photography its directors servants or agents save in respect of any death or personal injury caused by the negligence of James Broome Photography as aforesaid. Termination James Broome Photography may summarily terminate any hire contract with the Customer upon the happening of any of the following events:
a. if the Customer shall fail to pay any of the monies due to James Broome Photography or dishonour any cheque paid to it; or b. if the Customer enters into liquidation (other than for the purposes of amalgamation or reconstruction) or shall have a Receiver of its assets appointed or being an individual shall be declared bankrupt or having a Receiving order made against them; c. if the Customer shall be in breach of any of the terms of these Conditions and any such termination shall be without prejudice to any rights accrued to James Broome Photography against the Customer prior to the date of termination. Applicable Law These Conditions shall be read and construed in accordance with the Laws of England, Scotland, Wales and Northern Island. Variation These Terms and Conditions shall not be varied except by agreement in writing.