Terms and Conditions of Trade

Please read carefully the following document. By confirming your photography booking with Bayko Images you will be agreeing to the following terms and conditions. “Photographer” refers to Executive Portraits Representative. “Photographs” means all photographic material provided by the Photographer, whether digital files, transparencies, negatives, prints or any other type of physical or electronic material. 1. LICENCE FOR USAGE The Licence shall be for the usage set out and subject to the use identified by the client at the time of the commission and shall come into effect from the date of payment of the relevant invoice(s). The rights granted herein may not be transferred or assigned without the permission of the photographer. Permission to use the Photographs for purposes outside the terms of the Licence may be granted upon payment of a further fee, which must be mutually agreed before such further use is made. Such further fee shall be calculated by reference to the Photographers fee for first usage. No electronic manipulation or alteration of the Photographs, including the use of parts of the Photograph in other applications, may be made without the express agreement of the Photographer. 2. EXCLUSIVITY The Licence herein is exclusive. However, the Photographer retains the right to use the Photographs for the purposes of advertising or otherwise promoting his work. 3. OWNERSHIP OF MATERIALS Title to all Photographs remains the property of the Photographer unless otherwise agreed. 4. PAYMENT The Client shall pay all expenses referred to herein. All assignments where total cost estimates exceed $2,000 require payment of 30% of the total cost before commencement. Except in the case of set photography packages where full payment is required either before or on the day of the shoot, full payment is required in all other circumstances within 7 days of receipt of the relevant invoice. 5. VARIATION OF COMMISSION There shall be no variation in the commission without prior agreement. The Client agrees to pay additional costs incurred by reason of changes in the brief, including changes made at the time of the shoot. The client is responsible for an authorised representative to be at the shoot, otherwise the photographer’s interpretation of the requirements of the shoot will be deemed acceptable. 6. CANCELLATION AND POSTPONEMENT A booking is considered firm as from the date of confirmation. The Photographer will be entitled to charge a half amount of fee for cancellation or postponement, plus all expenses incurred. If notice of cancellation or postponement is given less than 24 hours from the commencement of photography, the photographerís full package fee, plus all expenses incurred shall be charged. In the event of bad weather postponing the shoot, a half amount of fee will be charged per day of postponement. A full fee will be charged for postponement whilst on location, plus all additional expenses. 7. REJECTION Unless a rejection fee has been agreed in advance, there is no right of rejection. 8. VARIATION OF TERMS These Terms herein shall not be varied except by agreement in writing.