TERMS AND CONDITIONS [England & Wales]
1. DEFINITIONS :
(a)"Photographs/Video" means all photographic/video footage material furnished by the Company, whether transparencies, negatives, prints or any other type of physical or electronic video file material.
(b) the Company (otherwise known as Flycam UK) is the author of the photograph/video footage.
(c) the Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party);
(d) Flycam UK administers the licensing of the works of the Photographer, Kristian Barrass and is a trading name of Barrass TV Crews Ltd a company registered in England.
2. COPYRIGHT: The entire copyright in the Photographs/Video footage is retained by the Company at all times throughout the world.
3. OWNERSHIP OF MATERIALS: Title to all Photographs/Video footage remains the property of the Company. When the Licence to Use the material has expired the Photographs/Video footage must be returned to the Company in good condition within 30 days.
4. USE: The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs/Video footage before payment in full of the relevant invoice(s) without the Company's 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 Client is put into receivership or liquidation. The Licence only applies to the Client and product as stated on the front of the form and its benefit shall not be assigned to any third party without the Company's permission. Accordingly, even where any form of 'all media' Licence is granted, the Company's permission must be obtained before any use of the Photographs/Video footage for other purposes eg use in relation to another product or sublicensing through a photolibrary. Permission to use the Photographs/Video footage for purposes outside the terms of the Licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use. Unless otherwise agreed in writing, all further Licences in respect of the Photographs/Video footage will be subject to these terms and conditions.
5. EXCLUSIVITY: The Client will be authorised to publish the Photographs/Video footage to the exclusion of all other persons including the Company. However, the Company retains the right in all cases to use the Photographs/Video footage in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting the Company's work. After the exclusivity period indicated in the Licence to Use the Company shall be entitled to use the Photographs/Video footage for any purposes.
6. CLIENT CONFIDENTIALITY: The Company will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the photography/video footage, save as may be reasonably necessary to enable the Company to carry out his/her obligations in relation to the commission.
7. INDEMNITY:
(a) While Flycam UK takes all reasonable care in the performance of this agreement generally, it 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 photograph/Video footage or its caption.
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(b) The Client agrees to indemnify Flycam UK 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 Flycam UK.
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(c) It is the Client who must satisfy himself that all necessary rights, permissions, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Flycam UK gives no warranty or undertaking that any such rights, permissions, 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 picture. In the event that the picture is issued or reproduced by or with the authority of the Client then the Client shall indemnify Flycam UK against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
(d) By confirming a booking with Flycam UK , you agree that the supply of Flycam UK services and participation by you in the aerial drone photography and filming activities is subject to the following terms and conditions:
You acknowledge that aerial drone photography and filming are dangerous with many inherent risks and hazards and as a consequence personal injury and sometimes death can occur and you voluntarily assume and accept all such risks and waive the right to sue Flycam UK for any personal injury or death in any way whatsoever caused by or arising from participation in such activities.
To the maximum extent permitted by law, but subject to the non-excludable consumer guarantees implied pursuant to the UK Consumer Law, in no event will Flycam UK or its employees, directors and agents be liable in respect of any claim for any indirect or consequential loss or damage including without limitation personal injury, financial loss (such as loss of profits or use of capital or revenue or otherwise), or for any punitive, exemplary, special, incidental or consequential loss or damage whether such liability arises in contract, tort (including negligence), equity, breach of statute or statutory duty or breach of any consumer guarantees.
This disclaimer constitutes the entire agreement between you and us (Barrass TV Crews Ltd trading as Flycam UK) in relation to your use of our website, and supersedes all previous agreements in respect of your use of this website.
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8. PAYMENT:
(a) Payment by the Client will be expected for the commissioned work within 30 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days.
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(b) The Company reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
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(c) Thereafter, further charges may be made for any additional statement, letter (whether as an email, fax, etc) issued for the recovery of the outstanding debt of not less than £20.00 plus VAT each and all other costs for the recovery of debts including bank charges.
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(d) Where a Client is a company and whether or not that company has gone into liquidation the individual directors will be responsible for all outstanding fees and costs in relation to the contract.
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9. EXPENSES: Where extra expenses or time are incurred by the Company as a result of alterations to the original brief by the Client, or otherwise at their request, the Client shall give approval to and be liable to pay such extra expenses or fees at the Company's normal rate to the Company.
10. REJECTION: Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
11. CANCELLATION & POSTPONEMENT: A booking is considered firm as from the date of confirmation and accordingly the Company will, at it's discretion, charge a fee for cancellation or postponement.
12. RIGHT TO A CREDIT:
The Licence to Use requires that the Company's name ‘Flycam UK’ will be printed on or in reasonable proximity to all published reproductions of the Photograph(s)/Video footage. The Photographer also asserts his/her statutory and moral 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 re-enactment thereof.
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13. ELECTRONIC STORAGE:
(a)Save for the purposes of production for the licensed use(s), the Photographs may not be stored or archived in any form without the written permission of the Company.
(b) Digital Data is stored by the Company on the understanding that the Company is not responsible for the future integrity of that data, or of any failure to retrieve data from the Company's archive.
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14. APPLICABLE LAW: This agreement shall be governed by the laws of England & Wales
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(a)No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
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(b) Email communication constitutes a contract in law, unless the Client specifically states they will not accept this and instead provides hardcopy paperwork of all relevant agreements and contracts.
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