UK TERMS AND CONDITIONS

The following words or expressions apply in these Conditions

(a) Image includes a photograph, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction.

(b) Reproduction includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means (Reproduce)

(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) YellowBellyPhoto is a trading name of 56 lane ltd. Company number: 13123807

Registered in England & Wales. Registered Office: Flat 21, Osborn Terrace, London, UK SE3 9GB

(e ) an Order is any request, order, instruction or commission for a Shoot

(f) the Conditions these terms and conditions as amended from time to time

(g) the Contract between the Client and YellowBellyPhoto for the Shoot including the supply of Images agreed in the Shoot Fee

(h) the Shoot is the photo shoot agreed to take place on a specified date and time to be supplied by YellowBellyPhoto at which the Images are taken

(i) the Shoot is the deposit fee requested by YellowBellyPhoto when an Order is placed and is payable when the Order is accepted

(j) the Shoot Fee the price of the Shoot and the number of retouched Images in the agreed package when the Order is confirmed

(k) the Additional Image Fees are the fees payable for additional Images, extra edits and express edits which are not included in the Shoot Fee

Basis of the Contract

(a) The Order constitutes an offer by the Client to purchase the Shoot in accordance with these Conditions.

(b) The Order shall only be deemed to be accepted when YellowBellyPhoto confirms the Shoot in writing at which point and on which date the Contract shall come into existence

(c) These Conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

Copyright & Ownership

(a) The entire copyright in the Images is retained by YellowBellyPhoto at all times throughout the world.

(b) YellowBellyPhoto supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those images in a given context. No property or copyright in any Images shall pass to the Client whether on its submission or on YellowBellyPhoto’s grant of Reproduction rights in respect thereof.

(c) YellowBellyPhoto asserts both moral right to be identified as the author of their work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988.

Reproduction

(a) Reproduction rights are not issued exclusively to the Client except when specifically granted and recorded on the invoice

(b) Any Reproduction rights granted are personal to the Client and may not be assigned, nor may any Image 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

(c) Any Reproduction rights granted are by way of licence and no partial or other assignment assignment of copyright shall be implied.

(d) YellowBellyPhoto reserves the right at its sole discretion to refuse to supply or grant a Reproduction licence to a third party when requested to do so by the Client.

(e) Images may be Reproduced or used by the Client for self-promotional use by actor/model (or agent, on their behalf) in their capacity as an actor model including web, print, Spotlight, Mandy and other casting directories, agent mail outs and front of house by employers. This Reproduction extends to personal social media profiles including Linkedin/Twitter/Facebook if they support the acting/modelling career. The self-promotional Reproduction permitted in this clause does not include paid-for advertising, eg. endorsements. All self-promotional Reproduction is subject to accreditation of the Picture to YellowBellyPhoto.

(f) Please note: any Reproduction by editorial placement must be agreed by YellowBellyPhoto. e.g. If a newspaper or magazine wishes to Reproduce a Image, they must be directed to YellowBellyPhoto to arrange a license and fee for Reproduction.

(g) The Client’s right to Reproduction(including any self-promotional use under clause 4(e)) of an Image arises only when YellowBellyPhoto’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 these Conditions entitling YellowBellyPhoto to rescind the Contract and rendering the Client liable for the payment of damages

(h) In the event of 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 the Client, or if a Receiver is appointed, YellowBellyPhoto may at any time thereafter inspect any records, accounts and books relating to the Reproduction of its Images to ensure that the Images are being used only in accordance with the Reproduction rights granted to the Client.

The Shoot

(a) Once the Client placed an Order for a Shoot and YellowBellyPhoto has accepted the Order and the Client has paid a Deposit, YellowBellyPhoto will not accept any other work from other clients for those times and dates.

(b) The Deposit is deductible from the Shoot fee (subject to the provisions in 5(c)to 5(g) below), the balance of the Shoot Fee is payable 72 hours before the Shoot.

(c ) If the Client wishes to rearrange the Shoot (a Rearrangement) more than 72 hours before the Shoot (eg. Thursday for a Tuesday Shoot) the Deposit will transfer to the agreed rearranged Shoot date and time (Rearranged Shoot) on the first Rearrangement subject to clause 5(d) below.

(d) A Deposit, once paid, is valid for a first Rearranged Shoot if it takes place within a period of 12 months from payment of the Deposit, and is thereafter, non transferable.

(e) If the Client requests a Rearrangement within 72 hours of the Shoot or if more than one Rearrangement is requested the Deposit becomes non-refundable , and the full Shoot fee is payable 72 hours before the Rearranged Shoot.

(f) If the Client needs to request a second or subsequent Rearrangement a new Deposit will need to be paid for each Rearranged Shoot which will become non-refundable if the Rearranged Shoot is then subject to a request for Rearrangement.

(g) Subject to the limited rearrangement provisions in ( c) and (d) above, if the Client cancels a Shoot at any point the Deposit becomes non-refundable.

(h) If a Shoot is subject to a Rearrangement and the fees payable for a Shoot have increased between placing the Order and the Rearranged Shoot increased fee will be charged.

(i) If the Client can not attend a Shoot it will be considered cancelled in accordance with clause 5(g), a Client does not have the right to offer the Shoot to another person. The responsibility to fill the Shoot lies solely with YellowBellyPhoto.

j) YellowBellyPhoto reserves the right to rearrange, cancel or postpone a Shoot; in such circumstances, the Deposit is fully refundable.

(k) The promotional images on the YellowBellyPhoto website/social media, and the backgrounds in those images can’t be guaranteed, nor the lighting and other parts of the images at the Shoot. YellowBellyPhoto use natural light, and with that the images change and are never exactly the same.

Fees and Payment

(a) The full Shoot Fee must be paid 72 hours before the Shoot, If the Client fails to pay in accordance with this clause YellowBellyPhoto has the right to resell the Shoot and the Deposit will become non-refundable

(b) If a Shoot is cancelled within 24 hours of the Shoot a fee of 50% the Shoot Fee will be payable

(c) If a Shoot is cancelled on the day of a Shoot the a full Shoot Fee will be payable.

(d) All invoices are for immediate payment if payment is not received then YellowBellyPhoto may rescind this Contract and recover damages, or, at its option, may exercise its statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998.

(e) YellowBellyPhoto reserves the right to suspend any ongoing services, such as (but not limited to) access to the online gallery or other distribution of Images once any invoice issued to the Client has not been paid, and also reserves the right to inform the reason of this to third parties to whom this suspension of service affects.

The Images

(a) YellowBellyPhoto will edit and deliver Images that it considers to be the best selection of every situation covered in the Shoot.

(b) The Client is entitled to the number of edited Images set out in the Shoot Fee, YellowBellyPhoto as the copyright holder for the Images and will not allow any un-edited Images from the Shoot to be released to the Client.

(c) If the Client would like more Images than those agreed in Shoot Fee additional edited Images can be provided on payment of the Additional Image Fee

(d) Unless agreed in advance in writing, there is no right to reject the Images and request a refund of the Shoot Fee on the basis of style, composition or editing.

(e) Images will be provided by electronic means which will have an access expiry time of 7 days. If the access to the Clients Images has expired there will be an additional charge per Image to re-edit and resupply the Image to the Client.

Retouching and Re-edits

(a) The Client shall be entitled to the retouching of Images as set out in the Shoot Fee such retouching must be done within 6 months of the Shoot

(b) All retouching is at the discretion of the Yellow BellyPhoto and any retouch notes provided by the Client are not guaranteed.

(c) No addition to, deletion from or alteration to or adaptation of an Image may be made without the written permission of YellowBellyPhoto.

Liability

(a) While YellowBellyPhoto takes all reasonable care in the performance of the Contract 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 Image or its caption.

(b) The Client agrees to indemnify YellowBellyPhoto 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 YellowBellyPhoto

(c) If the Images from a Shoot are corrupted or lost YellowBellyPhoto’s liability will be limited to providing a further Shoot at no charge

General

(a) This Contract shall be subject to and constructed according to English Law and the parties agree to accept the exclusive direction of the Courts of England.

(b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.

We do not offer refunds. In exceptional circumstances we may offer a short re-shoot.

PAYMENT DETAILS

Payment should normally be made to “56 Lane Ltd” by Stripe payment at least 72 hours before the Shoot, via the details supplied in your booking info, payment maybe agreed in cash on the day of the Shoot with prior agreement