Commercial Photography / Video Terms and Conditions
TERMS AND CONDITIONS OF COMMISSIONING AND REPRODUCTION PEGASUS VIDEOS & IMAGES
- Terms and Definitions:
(a) picture includes a photograph, images, 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;
(c) the Photographer (otherwise known as Robert Lamont) is the Author of the photograph or the Photographer.
(d) the Client is the person or organization to whom the invoice is addressed (whether or not the Client is acting for a third party);
(e) Pegasus videos Images administers the licensing of the works of the Photographer, Robert Lamont and is a trading name of Pegasus videos in England;
(f) These terms and conditions represent the entirety of the agreement between Pegasus videos Images and the Client. Any variation is only applicable when agreed in advance and in writing;
We are CAA approved Commercial drone pilots: Our CAA License number is UAS6850
Our Public Liability insurance is £2 million.
Site Survey, Booking, Deposit and Timing
Remote pilot aerial drone photography and video is affected by the weather especially in the U.K. Therefore, Pegasus Videos have a flexible and realistic approach to scheduling client work.
We cannot operate our drones in rain or high winds, also clients may have specific requirements that restrict us to flying at certain times. We cannot fly from 30 minutes after sunset and 30 minutes before sunrise.
What We Require from You
The location of the shoot (with an exact postcode), proposed date and a brief containing as much background information as possible on what you want us to photograph and/or film.
We can then do an initial office based online site survey to see if the shoot is possible and if there are any other factors, flight restrictions or permissions that need to be considered. We will inform you if this is the case and, in most cases, work to gain the permissions required for the shoot.
In larger filming shoots the drone aerial photography may be a small part of an overall production. However, in order to comply with the terms of our CAA license we still need to complete our pre-flight survey. This will involve a physical site visit.
Each job is unique with a mixture of external influences that can affect when and where we can film, but we plan ahead to decrease any possible disruptions.
Booking & Deposit
If the result of our site survey is positive Pegasus Videos will send you a quote with a detailed brief of the shoot, provisional date and costs.
If you are happy with our quotation, we may arrange a physical site visit to discuss any final arrangements.
We operate a provisional booking system with a firm shoot date been agreed when we have received a 25% deposit.
We monitor the weather forecast 5 days in advance of any shoot. If the signs are not good we talk to the client 48 hours prior to the shoot.
At this point we will reschedule the shoot to the next suitable date at no additional cost and the booking deposit is transferred to the new date. Weather is a known business risk in the UK, so we have to be as flexible as possible to ensure that bookings can be rearranged.
If the shoot cannot be re-scheduled due to factors out of our control (live events, client availability) Pegasus Videos do not offer a refund of the initial deposit.
If we both decide to stay with the original date and we have bad weather, our pilots will wait on site as long as possible in the hope of a break in the weather.
If we arrive on site and are unable to shoot on the day we will charge in full but offer clients a 25% discount off the price of the second shoot on the follow up date.
Traveling expenses in the UK are billed on a .45p mileage basis if the flight location is more than 25 miles from our base in Marlborough Wiltshire and are agreed with the client in writing, prior to the start of the job.
Copyright and Ownership of Materials:
(a) The entire copyright in the pictures is retained by the Photographer, Robert Lamont at all times throughout the world and is administered by Pegasus videos Images;
(b) Title to all photographs remains the property of the Photographer;
(c) Images will be licensed for use for a specified period. When the License to Use has expired, the images should be returned to the Photographer 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 License to Use. The Photographer reserves the right to make an additional charge for continued use after this period;
(d) The Photographer, as administered by Pegasus videos Images, supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or on Pegasus videos Images’ grant of reproduction rights in respect thereof;
(e) Robert Lamont 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 Copyright, Designs and Patents Act 1988;
(f) Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice or credit line specified by Pegasus videos Images any fee payable by the Client shall be subject to an increase specified by Pegasus videos Images, and in any event an increase of not less than 25%.
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 until full and final payment – including any late payment charges that may have been levied – has been received by Pegasus videos;
(b) Permission in writing may be granted for image 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 Pegasus videos invoice. An agreement must be reached with Pegasus videos before the pictures are used for a different purpose or after the license to use has expired;
(d) Reproduction rights are not issued exclusively to the Client except when specified on the invoice;
(e) Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture 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) Any reproduction rights granted are by way of license and no partial or other assignment of copyright shall be implied;
(g) Pegasus videos reserves the right to refuse to supply or grant a reproduction license to a third party when requested to do so by the Client;
(h) In the case of printed publications, three copies of the relevant pages containing any picture supplied are to be furnished to Pegasus videos free of charge within two weeks. In other media, evidence of use must be made available if requested;
(i) On 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 it, or if a Receiver is appointed, Pegasus videos may at any time thereafter inspect any records, accounts and books relating to the reproduction of its pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.
Definitions of Reproduction Rights:
The following terms are used when describing the reproduction rights granted by Pegasus videos and the Photographer to the Client:
(a) Internal Use only: The right to use the pictures 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;
(b) PR and Press distribution: The right to use the pictures as described in 4(a); plus a license 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;
(c) Specified Use Only: The right to use the pictures once only for the purpose as described on the invoice;
(d) Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an editorial context only.
Booking and Cancellation:
(a) The Client will be required to complete a Booking form or confirm in writing the desired services. Upon receipt of the booking form, Pegasus videos will send an email as confirmation. The booking will then be considered Confirmed. If the booking is for Aerial shoot we will require a 25% deposit prior to any pre-site surveys, this includes Airspace enquiries with the CAA/ATC or Military zones (if applicable).
(b) Once the Client has made a booking for a specific time and date and this date/time has been Confirmed, Pegasus videos will not accept any other work from other clients for those times and dates;
(c) 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: (i) When a client cancels a confirmed booking within 10 business days of any confirmed date, an administration fee of £20.00 (Excl. VAT) will be charged; (ii) When a client cancels photography within less than 10 days business of any confirmed date, a fee of 20% of the booked time rate will be charged. (iii) In addition to this cancellation fee, the client will be charged for any expenses already incurred by Pegasus videos.
(a) Our payment terms are strictly net 28 days (four weeks) unless agreed in advance and in writing;
(b) If payment is not made in accordance with (a) above then Pegasus videos 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 fee of £17 (excluding VAT) 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;
(d) The Client’s right to reproduce a picture arises only when Pegasus videos’ 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 Pegasus videos Images to rescind the Agreement and rendering the Client liable for the payment of damages;
(e) If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 28 days from the issue date, and that Pegasus videos Images may consider these invoices as overdue when pursuing legal action for the recovery of said debts;
(a) Pegasus videos will edit every take and deliver what it considers to be the best of every situation covered;
(b) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
Liability and Indemnity:
(a) While Pegasus videos 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 of by any third party arising from use or reproduction of any picture or its caption;
(b) The Client agrees to indemnify Pegasus videos 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 Pegasus videos;
(c) It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Pegasus videos gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trademarks, 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 Pegasus videos against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
(a) This Agreement 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.
(c) Email communication constitutes a contract in law, unless the Client specifically states they will not accept this and instead provides hard copy paperwork of all relevant agreements and contracts.
The Photographer and Pegasus videos 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 the photography, save as may be reasonably necessary to enable the Photographer or Pegasus videos to carry out their obligations in relation to the commission.
Our terms are strictly net 28 days (four weeks) unless agreed in advance and in writing.
Payment by BACS is preferred and bank details will be provided on our invoice. However, we are happy to take PayPal transfers if you so wish and can accommodate this type of payment upon request.
Please note, when making payment by cheque, proof of postage of remittances is not considered proof of receipt, and clients are advised to send payment by any method affording proof of delivery (Digital if possible).
If the client cancels the shoot within 10 working days of the scheduled date the 25% deposit will not be refunded.
If you have any further questions about our services please use the contact form on our website or send us an email: mailto:email@example.com