The following information represents the basis under which Warren Media undertakes photographic or video assignments. By commissioning Warren Media you are agreeing to these terms and conditions.
Copyright of all photography and/or video remains the property of Warren Media unless agreed otherwise. You will be granted a license to reproduce the photography/video. Reproduction rights may not be assigned, loaned or transferred to third parties unless agreed in advance. Use of the photographs/video outside the terms of this license would be a breach of copyright. Warren Media asserts the moral right to be identified as the author of our work and rights under the 1988 Copyright, Designs and Patents Act.
DELIVERY METHOD AND DEADLINES
As part of the commission we will agree how, when and where the photographs/video will be delivered. Photographs/video will be supplied in the agreed format within the agreed deadline. Copies of all photographs and video will be retained in line with industry best practice.
INVOICING AND PAYMENT
Fees and costs will be negotiated and agreed before the commission takes place. Should the details of the commission change then alterations to the costs will be agreed as soon as possible. If you postpone or cancel the commission within 72 hours of the start time we reserve the right to charge 50% of the agreed fees. Cancellations or postponements within 24 hours of the start time may be charged at 100% of the agreed fees. Payment terms are 30 days. If payment is not made in accordance with these terms, Warren Media reserves the right to revoke the reproduction licence and may exercise our statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998. If any invoice issued is not paid by the due date, then all unpaid invoices issued become due with immediate effect, even if it is less than 30 days from the issue date, and that Warren Media may consider these invoices as overdue when pursuing legal action for the recovery of said debts. At our discretion, a fee of £15.00 may be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursual of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.
THE LIMIT OF OUR LIABILITY
Warren Media takes all reasonable care in the performance of this agreement generally, however, we cannot accept liability for unexpected events including: poor weather, industrial disputes, sickness or injury, equipment malfunction, model release disputes, property release disputes and other actions or accidents that are outside our control and that cannot be reasonably predicted. You must satisfy yourself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Warren Media give 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, trade marks, registered or copyright designs or works of art depicted in any photograph/video. In the event that the photograph/video issued or reproduced by you or with your authority then you shall indemnify Warren Media against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained. Please note that any mains powered equipment that we use will be PAT tested, that we carry £2 million of public liabilities insurance and that our photographic and video equipment is regularly tested and serviced. Should you require any specialist insurance to be taken out for your project, the cost will be included in the fees.
Warren Media will keep confidential and will not disclose to any third parties or make use of material or information communicated in confidence, save as may be reasonably necessary to enable Warren Media to carry out obligations in relation to the commission.
If, for any reason, you have any queries about the service that Warren Media provide, we will be happy to discuss your concerns. Photography and video production is a creative activity and we accept commissions on the basis that you are paying for our skills and experience and that you trust us to apply those skills in accordance with our discussions and verbal/written agreements. Written confirmation of commissions should always include any “must-have” requirements and, where technically and creatively possible, we will endeavour to fulfil your requests. If we consider any of your requirements to be unfeasible or if any of them become so during the assignment itself we will point them out at the first possible opportunity and offer solutions.
This agreement shall be subject to and constructed according to Scottish Law and the parties agree to accept the exclusive direction of the Courts of Scotland.
These Terms and Conditions shall not be varied except by agreement in writing.