T&C’S

Link to: TERMS AND CONDITIONS FOR SERVICES RENDERED BY CPG MEDIA

By accepting the Quote provided by CPG Media (registered as CPG Photography Ltd) (“Service Provider”), you (Client”) agree to the following terms and conditions:

Agreed terms

1. Interpretation

The following definitions and rules of interpretation apply in this agreement.

1.1 Definitions:

Brief: The document or written description provided by the Client to the Service Provider, prior to the commencement of a Project, outlining the specific requirements, goals, expectations for the Project which will serve as a guideline for the Service Provider to understand the Client’s vision, desired style, target audience, key messages and any other relevant details pertaining to the Project. The Brief may include but is not limited to, information such as desired objectives, shooting locations, timings, branding guidelines and any other specific technical or creative specifications. For the avoidance of doubt the Brief may be communicated verbally, over electronic communication including instant telecommunication (including but not limited to text message, slack, WhatsApp, voice note, email correspondence) which can be clarified by the Service Provider via the same channel.

Deliverables: any output of the Services and any other documents, products, visuals, graphics, audio, images and materials provided by the Service Provider to the Client as specified in correspondence between the parties and any other documents, products, images, footage and materials provided by the Service Provider or their workers, agents or subcontractors, to the Client in relation to the Services.

Intellectual Property Rights: any and all intellectual property rights of any nature anywhere in the world whether registered, registrable or otherwise, including patents, utility models, trade marks, registered designs and domain names, applications for any of the foregoing, trade or business names, goodwill, copyright and rights in the nature of copyright, design rights, rights in databases, moral rights, know-how and any other intellectual property rights which subsist in computer software, computer programs, websites, documents, information, techniques, business methods, drawings, logos, instruction manuals, lists and procedures and particulars of Clients, marketing methods and procedures and advertising literature, including the "look and feel" of any websites.

Project: the specific photography or video production or set of video-related or photography related or media Services that the Service Provider has been requested by the Client to engage in as outlined in this agreement and as particularised by the Brief which will be communicated to the Service Provider at the outset of each new Project.

Services: the services to be provided by the Service Provider or their workers, agents or subcontractors, to the Client in relation to the Services, to the Client, as particularised through the Brief.

Quote: shall mean the fee provided to the Client by the Service Provider for the rendering of the specified Services. The fee is exclusive of Value Added Tax (VAT) and may include additional charges for travel expenses, accommodation, and other related costs. The Quote will be documented in writing which and contain the estimated fee for the requested services. For the avoidance of doubt, the Quote may be communicated via electronic services including but not limited to, email and instant message. The Service Provider reserves the right to amend the Quote to include additional fees if the Client modifies the initial Brief or requests additional services that were not included in the initial inquiry. Any such amendments will be communicated to the Client in writing.

VAT: value added tax or any equivalent tax chargeable in the UK or elsewhere.

1.2 A reference to writing or written excludes fax but not email.

1.3 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

2. Engagement

2.1 The Service Provider will deliver the Services (the Services) as detailed in the accepted Quote. Engagement will commence upon confirmation from the Client to the Service Provider by email or verbally that they wish to proceed on the basis of the Quote provided by the Service Provider.

3. Creative control

3.1 The parties agree to liaise from time to time to consult in good faith with each other over the editorial content and artistic direction of the Services, provided that the Service Provider shall, in its absolute discretion have final editorial and artistic control over the Deliverables and Services.

3.2 The Client shall appoint a single point of contact who shall have the right on behalf of the Client to liaise with the Service Provider on the Brief and Deliverables.

4. Obligations

4.1 The Service Provider agrees that it shall:

(a) render the Services to the highest professional standards and in accordance with the Client's reasonable instructions and requests;

(b) perform the Services in willing co-operation with the Client via the Client; and

(c) maintain throughout the Term a policy of public liability and professional indemnity insurance.

4.2 The Client agrees that it shall:

(a) provide the Service Provider with reasonable access to its premises at no expense to the Service Provider inclusive of the cost of space, heat, light, power; and

(b) inform all employees, agents and guests at its premises of the proposed filming, photography or Services and obtain relevant and sufficient release forms duly signed by all such persons if required;

(c) where necessary and agreed give the Service Provider access to the Client's personnel and instruct such personnel to assist and support the Service Provider wherever possible, to comply with the Service Provider’s reasonable requests in delivering the Services, and in particular to provide such information as the Service Provider may request; and

(d) provide access to digital information, company graphics and website for use in the Deliverables.

5. Credit

5.1 Subject to the Service Provider duly rendering the Services, the Client authorises the Service Provider to insert, or have the appropriate third party insert, credit as the Service Provider of the Services.

6. Fees and payment

6.1 If the Service Provider provides a Quote to the Client, the fee will be charged at that agreed rate. The Service Provider generally requests a brief at the time of booking.

6.2 Where extra expenses or time are incurred or needed by the Service Provider as a result of alterations to the original Brief by the Client or otherwise at their request, the Service Provider will reserve the right to charge the Client extra expenses and fees.

6.3 The Client shall pay to the Service Provider the payment for the Services as particularised within the Quote (plus VAT), within 28 days of receipt of the Services.

6.4 Additional services or hours will be billed separately and must be paid within 14 days of receipt of the invoice.

7. Intellectual property rights

7.1 The Service Provider retains all intellectual property rights in the Deliverables and Services throughout the world in all existing and future media including all renewals, revivals, reversions and extensions and all associated rental and lending rights and all materials embodying such rights to the fullest extent permitted by law. To the extent that they do not so vest automatically by operation of law or under this agreement, the Service Provider holds the legal title in such rights and inventions in perpetuity.

7.2 The Service Provider has the unlimited right to edit, copy, alter, add to, take from, adapt and translate all or any of the Deliverables after delivery by the Service Provider. For the avoidance of doubt, the Service Provider retains the right to utilities the Deliverables for any purpose including for the promotion of their services on their website, social media channels and portfolio.

7.3 The Service Provider asserts both their moral right to be identified as the author of their work and the right to a credit (where possible) is asserted in accordance with Sections 77 – 79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof. Please credit ‘CPG Media Ltd’.

7.4 The Client is granted a limited, non-exclusive, non-transferable license to use the Deliverables as required to effectuate the purposes of the Services in accordance with the agreement between the parties. The Client is not granted a royalty-free right or exclusive access to the Deliverables provided. Any additional commercial use, use outside of the UK, or use beyond the initially agreed-upon scope requires additional licensing and may incur supplementary fees.

7.5 The usage rights granted are personal to the Client and may not be assigned, nor may any Deliverables submitted to the Client be loaned or transferred to third parties.

8. Archiving of Images

8.1 All final Deliverables will be stored and archived by the Service Provider for 6 months.

9. Warranties

9.1 The Client shall indemnify the Service Provider and keep the Service Provider fully and effectively indemnified against all actions, costs, demands, losses, claims and expenses of whatsoever kind or nature arising from any actual or threatened breach or non-performance of any of the warranties, representations, undertakings or obligations on the Client's part contained in this agreement.

9.2 Neither party shall be liable to the other party for incidental, consequential, special or punitive damages or loss of profits which the other party may suffer arising out of any breach of this agreement.

10. Cancellation Policy

10.1 If the Client cancels the Services more than 2 days before the event/project date, the Client agrees to pay 100% of the total Quoted amount.

10.2 If the Client cancels the Services less than 5 days before the event/project date, the Client agrees to pay 50% of the total Quoted amount.

10.3 If the Client cancels the Services less than 21 days before an event/project date which is due to take place outside the United Kingdom, the Client agrees to pay 100% of the total Quoted amount.

10.4 If the Client cancels the Services less than 32 days before an event/project date which is due to take place outside the United Kingdom, the Client agrees to pay 75% of the total Quoted amount.

10.5 In the unlikely event that the Service Provider must cancel the services, any payments made by the Client will be refunded in full.

11. Rescheduling

11.1 Rescheduling requests must be made in writing and are subject to the Service Provider’s availability.

11.2 Rescheduling within 5 days of the event/project date may incur additional fees.

12. Third-party rights

12.1 Unless it expressly states otherwise, this agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

13. No partnership or agency

13.1 Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other party, or authorise either party to make or enter into any commitments for or on behalf of the other party.

13.2 Each party confirms it is acting on its own behalf and not for the benefit of any other person.

14. Entire agreement

14.1 This agreement constitutes the entire agreement between the parties.

14.2 Each party acknowledges that in entering into this agreement it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

15. Jurisdiction

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.

16. Governing law

This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

17. Acceptance

By accepting the Quote, the Client acknowledges that they have read, understood, and agree to these Terms and Conditions.