BACKGROUND
These Terms and Conditions shall apply to the hiring of Hozir Sahdat, HOZZPHOTO (“the Photographer”), as a freelance photographer/videographer by customers wishing to acquire photographs for commercial purposes.
PRICE AND PAYMENT
The full price of the photo shoot shall be quoted prior to confirmation. Any further costs incurred by the Photographer will be charged to the Customer, with accompanying receipts.
- Payment is accepted via BACs or debit/credit card. Cheques are not accepted.
- Payment must be made in full before delivery of photographs.
- Invoices will be issued at booking.
- Orders under £500 are payable in full at booking. For larger orders, the remaining balance will be invoiced with 30-day terms from the date of invoicing.
- After 30 days, a penalty of £75 per week (or part thereof) is chargeable until the invoice is settled.
CANCELLATION AND RESCHEDULING
The Customer may cancel or reschedule the photo shoot at any time.
- If the Customer cancels more than 14 days ahead of the start date, the Photographer shall issue a full refund of all sums paid.
- If the Customer cancels within 14 days, all sums paid will be retained, and any outstanding balance shall become immediately payable. No refunds will be issued.
- If the Photographer cancels the shoot, a full refund will be provided within 14 business days.
Lateness Policy
- If the Customer arrives more than fifteen (15) minutes late to a scheduled session, the Photographer reserves the right to cancel the session.
- In such cases, no refund will be provided, as travel time and studio availability are non-recoverable.
PHOTOGRAPHY
- The Customer shall specify the subject matter of the photo shoot and any particular images/compositions required before the shoot date.
- The Photographer retains creative control, including composition, lighting, and photographic style.
- The Photographer will take as many photographs as deemed appropriate to ensure a selection of high-quality images.
- The final images will be delivered in high-resolution JPEG format.
- The Customer has 7 days after receiving the photographs to report any discrepancies or flaws. The Photographer will undertake reasonable corrective actions where possible.
COLLABORATIONS & TFP AGREEMENTS
For all collaborations, free work, or TFP (Time for Print) shoots, the following conditions apply:
- Mandatory Credit:
- All models, collaborators, or participants must credit @hozzphoto and Hozir Sahdat when posting content from the shoot.
- Tagging & Mentions:
- The Photographer must be tagged in stories and reels.
- The caption of any post featuring the images must include a credit to @hozzphoto.
- Usage Restrictions:
- TFP images are for personal portfolio use only. Any commercial or third-party use requires prior written permission from the Photographer.
Failure to comply with these terms may result in the revocation of usage rights for the images.
COPYRIGHT AND LICENSING
- Copyright remains with the Photographer at all times.
- Unless agreed otherwise in writing, no ownership rights are transferred to the Customer.
- Licenses granted allow usage of the images for the intended project only, and they remain valid for the duration of copyright protection (life of the Photographer plus 70 years under the Copyright, Designs, and Patents Act 1988).
- The Photographer’s name must be credited in any reproduction of the images unless waived in writing.
- The images may not be used for:
- Defamatory, libelous, obscene, or unlawful purposes.
- Sub-licensing or resale without written permission.
- The Photographer retains the right to use the images for advertising or promotional material related to his services.
- Licenses shall be revoked if the Customer breaches any terms.
INSURANCE, LIABILITY, AND INDEMNITY
- The Photographer holds public liability insurance with a limit of £5 million.
- While all reasonable efforts will be made to ensure that digital files are virus-free, the Photographer accepts no liability for any loss or damage resulting from file defects.
FORCE MAJEURE
Neither Party shall be liable for failure to perform their obligations due to events beyond reasonable control, including but not limited to:
- Power failures
- Natural disasters (fire, flood, storms, etc.)
- Industrial action or civil unrest
- Terrorism, war, or governmental actions
If performance is disrupted for an extended period due to force majeure, either Party may terminate the Agreement with fair and reasonable compensation for work completed up to that point.
TERM AND TERMINATION
This Agreement begins on the agreed commencement date and continues for the specified period.
- If a force majeure event prevents performance, the Agreement may be terminated.
- Either Party may terminate if:
- Payments due remain unpaid for more than 90 days.
- The other Party breaches any terms and fails to remedy within 30 days.
- Bankruptcy, liquidation, or business closure occurs.
Termination rights shall not affect any remedies for existing breaches.
