Terms & Conditions

1.

(a) picture 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 another means

(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) Stand Out Shots is a trading name of V8 Digital Media Ltd. Company number: 1226283

Registered in England & Wales. Registered Office: Unit 24 Highcroft Industrial Estate, Enterprise Road, Waterlooville, England, PO8 0BT

2.

(a) The entire copyright in the pictures is retained by Stand Out Shots / V8 Digital Media Ltd at all times throughout the world.

(b) Stand Out Shots / V8 Digital Media Ltd 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 Stand Out Shots / V8 Digital Media Ltd’s grant of reproduction rights in respect thereof.

(c) Stand Out Shots / V8 Digital Media Ltd 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.

3.

(a) Reproduction rights are not issued exclusively to the Client except when specified on the invoice.

(b) 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

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

(e) Stand Out Shots / V8 Digital Media Ltd reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.

4.

The following terms are used when describing the reproduction rights granted by Stand Out Shots / V8 Digital Media Ltd to the Client:

(a) Headshot usage: self-promotional use by actor/model (or agent, on their behalf) in capacity as an actor model including web, print, Spotlight, Mandy and other casting directories, agent mail outs and front of house by employers. Extends to personal social media profiles like Linkedin/Twitter/Facebook etc… if they support the acting/modelling career. Does not include paid-for advertising, i.e. endorsements. All use subject to accreditation.

(b) Please note: any editorial placement must be cleared with Stand Out Shots / V8 Digital Media Ltd. e.g. If a newspaper or magazine wishes to use an image, they must be directed to Stand Out Shots / V8 Digital Media Ltd to arrange a license and fee for usage.

5.

(a) Once the Client has made a booking for a specific time and date, and a deposit of £100 has been paid, Stand Out Shots / V8 Digital Media Ltd will not accept any other work from other clients for those times and dates.

(b) This deposit is deductible from the session fee, the balance payable on the day  before the session starts.  You can cancel or reschedule once up to 7 days before your appointment without incurring any fee. Otherwise a cancellation fee of 50% will incur (your remaining 50% will be used towards your next session). Due the nature of our work, we are unable to refund, no-shows or cancellations made within 72 hours. All deposits are non-refundable. Cancelling at any point means the deposit is non-returnable. A deposit, once paid, is valid for a period of 12 months from first payment, and is thereafter, non transferable.

(c) When rescheduling a client will be charged the updated shoot fees if applicable (if session price has gone up from original booking)

(d) Clients can reschedule only once without losing their deposit, if a client needs to reschedule for a second time a new deposit will need to be paid.

(e) Stand Out Shots / V8 Digital Media Ltd reserves the right to rearrange, cancel or postpone a session; in such circumstances, the deposit is fully repayable.

(f) Final payment is non-refundable.

(g) If cancelling on the day of the session the total amount of the session will be charged.

6.

(a) The Client’s right to reproduce a picture arises only when Stand Out Shots / V8 Digital Media Ltd 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 Stand Out Shots / V8 Digital Media Ltd to rescind the Agreement and rendering the Client liable for the payment of damages.

(b) The Client shall be entitled to select an agreed number of photos from the session to be retouched and used on the terms agreed in 4. (a), according to the following schedule: ‘Performance’: 3 photos. ‘Spotlight’: 10 photos. ‘Spotlight’: 15 photos. This must be done within 6 months of the session.

(d) If payment is not made in accordance with (a) above then Stand Out Shots / V8 Digital Media Ltd may rescind this 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.

(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 30 days from the issue date, and that Stand Out Shots / V8 Digital Media Ltd may consider these invoices as overdue when pursuing legal action for the recovery of said debts.

(f) Stand Out Shots / V8 Digital Media Ltd reserves the right to suspend ongoing services, such as (but not limited to) the Downloadable Web Page or other distribution of pictures, once any invoice issued to a Client becomes overdue, and also reserves the right to inform the reason of this to third parties to whom this suspension of service affects.

(g) As Stand Out Shots is the copyright holder, they will not allow any un-edited photos from the session to be released to a client. If a client would like more photos than the agreed amount they can be purchased for an additional fee and will be edited by the company.

7.

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, Stand Out Shots / V8 Digital Media Ltd 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.

8.

(a) Stand Out Shots / V8 Digital Media Ltd will edit every take and deliver what it considers to be the best selection of every situation covered to be delivered in the digital contact sheets.

(b) No addition to, deletion from or alteration to or adaptation of a picture may be made without the written permission of Stand Out Shots / V8 Digital Media Ltd.

(c) Note that all retouching is done at the discretion of the company and retouch notes provided by the client are not guaranteed.

(d) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.

(e) If your images have expired. There will be a charge applied to re edit your images.

(f) The images on our website/social media, and the backgrounds in those images can’t be guaranteed, as well as lighting and other parts of the images. We shoot using natural light, and with that the images change and are never exactly the same.

9.

(a) While Stand Out Shots / V8 Digital Media Ltd 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 Stand Out Shots / V8 Digital Media Ltd 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 Stand Out Shots / V8 Digital Media Ltd.

10.

(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.

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

PAYMENT

Payment should normally be made to “V8 Digital Media Ltd” by card or bank transfer, via the details supplied in your booking info or Cash on the day of the shoot.