Barry Mann Photography

Legal - Terms & Conditions

The terms listed below shall be deemed as a contract between you (“the client”) and Barry Mann Photography. In cases where Barry Mann Photography's client is acting as an intermediary, all references in this agreement to "the client" shall be interpreted as references to Barry Mann Photography's client and their client(s).

Service & orders

Barry Mann Photography will carry out photography using professional digital camera equipment at all times, in order to meet client requirements.

High-Level Mast Photography will be carried out using vehicle mounted (22m) and/or portable (12m) mast systems. The use of the vehicle/portable mast systems will depend on the specific requirements of "the client" & site access, but will be agreed at the time of placing the order.

An order, confirming proposed date(s) of site visit(s), number of mast positions (where applicable) & any other specific requirements, will be agreed in writing (including documents in electronic format) prior to services being carried out by Barry Mann Photography. Details regarding site access, property position and other factors which may have a bearing on all forms of photography will be requested at this time.

Please note, failure to provide such information, which results in an abortive trip to the site, may result in a charge being made by Barry Mann Photography to cover time & associated travel costs.

Digital Manipulation of images

All digital images usually require some standard alteration in relation to toning, colouring & sharpening, prior to printing, similar to the processes previously carried out in the darkroom. This work is carried out within the costing of Barry Mann Photography’s agreed fees.

Barry Mann Photography is able to offer additional digital manipulation services over and above this where required. Examples of this include removal of background objects/people, altering the colour of the sky/grass, etc. If such work is required this will be subject to an additional charge to be agreed prior to the work commencing.

Please note that photographs which will be used to sell or market property should not be altered in any way which may misrepresent the property concerned, i.e. power lines or background/adjoining buildings removed. If digital manipulation of images is requested Barry Mann Photography cannot be held liable for any misrepresentation that may occur if these photographs are subsequently used for such purposes. Barry Mann Photography will also not be held responsible for any images which are subsequently altered by "the Client" in this respect.

Price

The agreed order will detail the cost of services to be provided by Barry Mann Photography & will be based on specific requirements of "the client", e.g. type of photography, number of mast positions, panoramic images, additional mileage travelled, etc.

Please note should agreed orders subsequently change, Barry Mann Photography reserves the right to charge for additional services provided/time incurred.

All prices quoted by Barry Mann Photography are exclusive of VAT (Value Added Tax). VAT will be charged at the prevailing rate (currently 17.5%) on all orders.

Payment Terms

Full payment (inclusive of VAT) is due within 30 days of presentation of Barry Mann Photography’s invoice, which will be issued on provision of the proof images, unless agreed otherwise.

Barry Mann Photography reserves the right to charge interest at the prevailing bank base rate +2% if payment is not made within the terms agreed at the time of order.

Delivery of completed images

All goods will be delivered, in the format agreed with "the client" at the time of ordering, as soon as possible after completion of the photography.

Please note delivery of panoramic images or other special requests, e.g. photo manipulation, will take longer and a delivery timescale will be agreed at the time of ordering.

Where possible all deadlines agreed at the time of order will be met, unless notified otherwise (see note below regarding weather conditions).

Permission

In most instances where photographs are taken from public places or highways, permission is not required to carry out photography. In certain circumstances however where access is required to private land to obtain photographs, where parking restrictions are in place, or where a site is close to a sensitive area (Military installation, airport, government buildings, etc.) permission may be required.

"The client" will be responsible for obtaining the appropriate permission to enable photography to take place in such areas and in all areas that require photography to be carried out on private land (e.g. retail parks, shopping centres, etc.). Failure to obtain such permission may result in photography not being possible & a charge for travel time and costs may be incurred.

Property & Model Release Forms

Property Release - Under UK law it is not necessary to obtain a property release form when photographing a building as it is not an infringement of copyright to photograph it, regardless of where it is situated. Permission may however be required for commercial photography on private land where terms & conditions apply (i.e. retails parks, National Trust properties, etc.). In these circumstances, it is recommended that a Property Release form is obtained.

"The client" shall be responsible for obtaining the appropriate property release forms for properties included in their commissioned images & Barry Mann Photography cannot be held responsible for any subsequent claims made by property owners resulting from the failure to obtain such permission.

Model Release - In most instances where photographs are taken of members of the public, a model release should be obtained for each individual included in the images, as the law increasingly recognises the right to privacy, even when in a public place. Since individuals may control how and when they are photographed and how their image is reproduced, Barry Mann Photography strongly recommends that Model Release forms are obtained for all individuals that appear in commissioned photographs. Images of individuals should not be used for endorsement of products, services or locations or in way which may be deemed to be defamatory to them, without a specific signed model release form.

"The client" shall be responsible for obtaining the appropriate model release forms for individuals included in their commissioned images & Barry Mann Photography cannot be held responsible for any subsequent claims made by individuals resulting from the failure to obtain such permission.

Indemnity

"The client" shall be responsible for obtaining all clearances in respect of third party copyright works, trade marks, designs or other intellectual property which appear in images. "The client" will indemnify Barry Mann Photography against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances. Barry Mann Photography shall only be responsible for obtaining such clearances if this has been expressly agreed in writing before the shoot.

Weather conditions

In order to operate safely and within the limits of the equipment, particularly for High-Level Mast Photography, from time to time weather conditions (high winds, lightening & rain) may preclude photography from taking place. In such circumstances Barry Mann Photography will contact "the client" and arrange to take the photographs as soon as possible after the originally agreed time.

Barry Mann Photography cannot be held responsible for any missed deadlines in respect of "the client" not having received their order by the agreed deadline due to the prevailing weather conditions. Should work be interrupted by a change in weather conditions, Barry Mann Photography will arrange for a further site visit, to carry out the completion of the work.

Please note if "the client" has specific requirements regarding weather conditions for their images (e.g. sunshine) this must be agreed at the time of order. Barry Mann Photography will make every effort to comply with these wishes however it may not be possible to achieve the requested images within a limited timescale.

Copyright

In all cases, unless specifically negotiated otherwise, copyright of all images taken as part of a commission will remain with Barry Mann Photography. Commissioned images will be supplied with either personal or corporate reproduction rights and this will be agreed at the time of ordering.

Personal reproduction rights allow copying of images by "the client" for personal purposes only. Personal reproduction rights do not allow the use of images for corporate advertising, marketing or publicity in any way. Images with personal reproduction rights must not be placed on websites or on any other form of electronic media. Should "the client" subsequently wish to use the images for this purpose, written permission must be obtained from Barry Mann Photography.

Corporate reproduction rights allow photographs to be reproduced by "the client" that has commissioned the images. These images may be used by "the client" in their own promotional material, for marketing purposes, advertising, internet/intranet sites, on retail goods etc.

In all cases, images (in whole or part) may not be sold or passed to a third party (even without charge) without the express written permission being granted by Barry Mann Photography. If such a request is made, Barry Mann Photography reserves the right to charge a fee for use of the images by the third party. The level of this fee will be based on the proposed usage of the photograph.

Barry Mann Photography reserves the moral right to be credited as the author of any published photographs.

Please note that unauthorised copying of a copyright image (in whole or part) or failure to give credit, are infringements of law and as such can be subject to criminal sanctions such as a fine or imprisonment or civil sanctions such as claims for damages, accounts, delivery up or injunctions precluding one's use of the images.

Image useage

Barry Mann Photography will not accept any liability should commissioned images be used in a defamatory manner by "the client". Barry Mann Photography also reserves the right to object to photographs being used in a manner which distorts, mutilates or is other damaging to the business’ reputation.

Unless specifically stated otherwise by "the client" in writing, Barry Mann Photography reserves the right to use the commissioned images in promotional material relating to the business. In addition, Barry Mann Photography reserves the right to make the images available for sale to a third party, anwhere in the world, unless specifically stated otherwise in writing by "the client", at the time of the commission being carried out.

Barry Mann Photography is a trading name of Barry Mann