Terms & Conditions
1. Contact Details
Matthew Lukowski Video & Photo Ltd
Clyde Offices
2nd Floor
48 West George Street
Glasgow
G2 1BP
Telephone: +44 (0)7863879211
Email: photo@matthewlukowski.com or via the Contact Form on the Website
Website: matthewlukowski.com
Matthew Lukowski Video & Photo Ltd. is a company registered in Scotland, No. 651064.
2. Terms and Definitions
(a) Picture includes a photograph, images, transparency, negative, digital scan, or any other item which may be offered for the purpose of reproduction;
(b) Videos include a digital recording or other visual media product featuring moving images, with or without audio;
(c) Reproduction includes any form of publication or copying of the whole or part of any picture or video and whether or not altered by printing, photography, slide projection (whether or not to an audience), xerography, layout or presentation, electronic or mechanical reproduction or storage by any other means;
(d) The Photographer and Videographer (otherwise known as Matthew Lukowski) is the Author of the photograph, videos and films or the Photographer/Videographer;
(e) The Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party);
(f) Matthew Lukowski Video & Photo Ltd is a company registered in Scotland and administers the licensing of the works of the Photographer/Videographer, Matthew Lukowski;
(g) These terms and conditions represent the entirety of the agreement between Matthew Lukowski Video & Photo Ltd and the Client. Any variation is only applicable when agreed in advance and in writing.
3. Copyright and Ownership of Materials
(a) Under the Copyright, Designs and Patents Act 1988, the copyright of original artistic work, such as photographs, films and videos, is protected by Law. Under the Act, the copyright (or intellectual property) of original work automatically belongs to its creator, such as a photographer, producer or director of the video (usually videographer), who may usually publish, reproduce and sell the image/video in any way;
(b) Therefore, the entire copyright in the pictures, films and videos is retained by the Photographer and Videographer, Matthew Lukowski at all times throughout the world and is administered by Matthew Lukowski Video & Photo Ltd;
(c) Original raw footage and original pictures (non-edited material) is the sole ownership of the Photographer/Videographer and Matthew Lukowski Video & Photo Ltd;
(d) Title to all photographs, videos and film remains the property of the Photographer/Videographer;
(e) Images and videos will be licensed for use for a specified period. When the Licence to Use has expired,
the images and video should be returned to the Photographer/Videographer and a written undertaking given that all digital files have been destroyed. The Client is expected to Comply with this requirement within 30 days of expiration of the Licence to Use. The Photographer/Videographer reserves the right to make an additional charge for continued use after this period;
(f) Matthew Lukowski asserts both his moral right to be identified as the author of his work and the right to a credit is asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
4. Use and Reproduction
(a) The License to Use only comes into effect once full payment of the invoice has been made. No use may be made of the images and/or video(s) until full and final payment – including any late payment charges that may have been levied – has been received. Matthew Lukowski Video & Photo Ltd reserves the right to make a charge of 25% of the original invoice (excluding expenses) when images and/or video(s) are used before full payment has been received;
(b) Permission in writing may be granted for image and/or video use before payment, however this permission will be immediately revoked if payment of the invoice is not made by the timescale stated on the invoice;
(c) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on Matthew Lukowski Video & Photo Ltd’s invoice or in a separate email. An agreement must be reached with Matthew Lukowski Video & Photo Ltd before the pictures and/or video(s) are used for a different purpose or after the licence to use has expired;
(d) Reproduction rights are not issued exclusively to the Client except when specified on the invoice or in other forms of writing;
(e) Reproduction rights granted are personal to the Client and may not be assigned, nor may any pictures and/or video(s) submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights;
(f) Matthew Lukowski Video & Photo Ltd reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.
5. Definitions of Reproduction Rights
The following terms are used when describing the reproduction rights granted by Matthew Lukowski Video & Photo Ltd and the Photographer/Videographer to the Client:
(a) Personal and Social Media Use only: The right to use the pictures/videos for personal use within a home environment and for personal social media use only;
(b) Internal Use only: The right to use the pictures/videos only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client’s premises; editorial use in the Client’s intranet site;
(c) PR and Press distribution: The right to use the pictures/videos as described in 5(b); plus a licence for third parties to reproduce such pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication;
(d) Specified Use only: The right to use the picture/video once only for the purpose as described on the invoice or in other forms of writing;
(e) Editorial: One reproduction only of pictures/videos supplied within one print edition of the specified title in an editorial context only.
6. Pre-Production & Production Requirements
(a) It is the Client’s responsibility to obtain all necessary permissions including but not limited to performances,
branding, trademarked goods and logos, use of intellectual property, imagery, sound recordings and any other copyrighted material which will form part of the final image and/or final video production;
(b) Clear access for picture, video and sound capture shall be arranged and managed by the Client. If filming venues are being organised by the Client, it is the Client’s responsibility to ensure that the Photographer/Videographer has clear access to all relevant locations required throughout the day. Delays in production as a result of inadequate access or facilities may incur additional charges.
7. Booking and Cancellation
(a) The Client will be required to get in contact with Matthew Lukowski Video & Photo Ltd for a specific quote or to arrange for an initial meeting;
(b) A non-refundable deposit of 25% of the total price is required for all wedding bookings and a non-refundable booking fee amounting to the cost of travel and accommodation (if necessary) is required for all bookings that necessitate significant travel;
(c) Once the Client and the Photographer/Videographer has agreed on a specific time and date, Matthew Lukowski Video & Photo Ltd will send a booking contract. Once the contract has been signed by both parties and the booking fee (if any) has been paid, the booking will be considered confirmed and Matthew Lukowski Video & Photo Ltd will not accept any other work from other clients for those times and/or dates;
(d) All payments, full or partial (after deposit), will be due 4 weeks (28 days) before the date of the event/wedding;
(e) As a result, once a booking is confirmed, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule (Please note that the 25% deposit, where necessary, is non-refundable):
i. When a client cancels a confirmed booking at least 8 weeks (56 days) prior to the date of the event, no fee will be charged;
ii. When a client cancels a confirmed booking with less than 8 weeks (56 days) remaining prior to the date of the event, the full payment will be due.
(f) In addition to the cancellation fee outlined in 7(e), the client may be charged for any expenses already incurred by Matthew Lukowski Video & Photo Ltd.
8. Force Majeure (Beyond the Photographer/Videographer’s Control)
(a) If Matthew Lukowski Video & Photo Ltd – with the agreement of the Client – cancels a shoot due to inclement weather/lighting conditions or any other reason beyond Matthew Lukowski Video & Photo Ltd’s control and the Client is unable or unwilling to arrange or agree on a suitable new date within either a reasonable and mutually agreed timescale or ONE calendar month, then the client will be liable to pay 50% of the total fee plus any expenses already incurred by Matthew Lukowski Video & Photo Ltd;
(b) In the event that the Photographer/Videographer is unable to attend any shoot or event due to any cause beyond their reasonable control (e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown, etc.), he will endeavour to find a replacement photographer/videographer to cover the Client’s needs;
(c) In the event that a second shooter is booked and they are unable to attend any shoot or event due to any cause beyond their reasonable control (e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown, etc.), Matthew Lukowski Video & Photo Ltd will not be held liable;
(d) In the event of equipment failure beyond the Photographer/Videographer’s control, including theft of equipment or material, the Photographer/Videographer is not liable for refund or compensation, but will try to appease the Client using any available recorded material. In the unlikely event of a total video failure, liability shall be limited to a refund of monies paid other than the deposit;
(e) The Photographer/Videographer reserves the right to cease shooting, filming or editing if situations arise that are unfit to continue (e.g. grounds of safety, mistreatment, offensive or abusive behaviour, or unacceptable working conditions). In these instances, the Photographer/Videographer is not liable to issue a refund or compensation.
9. Payment Terms
(a) Our payment terms are strictly net 4 weeks (28 days) unless agreed in advance and in writing;
(b) If payment is not made in accordance with (a) above then Matthew Lukowski Video & Photo Ltd may rescind any Agreement and recover damages, or, at its option, may exercise its statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1998;
(c) A statutory interest of 2% will be charged per month if payment in accordance with (a) above is not met;
(d) A fee of £5 will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuance of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices;
(e) Going over the agreed duration of shoot/coverage may incur additional charges at the discretion of Matthew Lukowski Video & Photo Ltd;
(f) The Client’s right to reproduce a picture/video arises only when Matthew Lukowski Video & Photo Ltd’s invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or invoices). Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling Matthew Lukowski Video & Photo Ltd to rescind the Agreement and rendering the Client liable for the payment of damages.
10. Liability and Indemnity
(a) While Matthew Lukowski Video & Photo Ltd 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 the use of reproduction of any picture, video or its caption;
(b) The Client agrees to indemnify Matthew Lukowski Video & Photo Ltd in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any pictures and/or videos supplied to the Client by Matthew Lukowski Video & Photo Ltd.
11. Law
Any written communication (text/email) constitutes a contract in law, unless the Client specifically states that they will not accept this and instead Matthew Lukowski Video & Photo Ltd will provide hardcopy paperwork of all relevant agreements and contracts.
12. Client Confidentiality
The Photographer/Videographer and Matthew Lukowski Video & Photo Ltd will keep confidential and will not disclose to any third parties or make use of information communicated to them in confidence for the purposes of photography/videography, save as may be reasonably necessary to enable the Photographer/Videographer or
Matthew Lukowski Video & Photo Ltd to carry out their obligations in relation to their commission.
13. Data Protection
The Client must ensure that all necessary arrangements have been made with, and permissions obtained from people and places that may be recorded on video or included as part of an image as part of Matthew Lukowski Video & Photo Ltd supplying the service(s) – and that such recording and/or shooting is in compliance with Data Protection. Matthew Lukowski Video & Photo Ltd reserves the rights to use extracts from the finished production and final images from the shoot for publicity purposes on Matthew Lukowski Video & Photo Ltd’s website, third party websites associated with the event (e.g. wedding), and any social media sites. The client will notify those attending the event that they may be recorded on video cameras and that by attendance they give their consent to being recorded. Additionally, the client is responsible for obtaining permission for any child or adult who are to be part of a photoshoot.
14. Delivery
(a) The Photographer/Videographer will endeavour to deliver final images and/or edited footage as quickly as possible. The timeline for delivery will be as stated, however this may be delayed during busy periods;
(b) The Photographer/Videographer and Matthew Lukowski Video & Photo Ltd is not obligated to release any raw image files or raw, unedited footage to the client.
15. Making Payment
Our terms are strictly net 4 weeks (28 days) unless agreed in advance in writing. Payment by BACS is preferred and bank details will be provided on our invoice. Alternative methods of payment may be available on request.