Terms and Conditions of ‘Gravity Studios / Mark King Photography’
“The Client”: means any individual, group of individuals or entity which have entered into this agreement with ‘Gravity Studios / Mark King Photography’.
All projects undertaken by ‘Gravity Studios / Mark King Photography’ will be subject to the following terms and conditions. Any changes to these terms and conditions shall only be valid if agreed in writing and signed by authorised representatives of both the client and ‘Gravity Studios / Mark King Photography’.
2. Product Arrival.
Goods to be shot must arrive at the studio no later than 24hrs before the scheduled shoot. Unless the client/client representative is present on the scheduled shoot and brings the Goods themselves.
All items delivered to ‘Gravity Studios / Mark King Photography’ must arrive in the condition that they are to be shot. Should there be any shortages or incorrect products delivered, we reserve the right to postpone the shoot until all correct items have been received. A charge of 20% of the total quoted job may be payable to ‘Gravity Studios / Mark King Photography’ should we incur loss of profit or studio down-time caused by the above.
3. Delivery of Images and opening hours.
All turnaround times quoted are based on working days only.
Our normal working hours/days are 09.30am-17.30pm Monday-Friday.
Any requests made outside of these hours will be at the Company’s discretion and availability and may incur additional costs.
4. Delivery & Return.
The delivery and return of products are arranged by and charged at additional cost to the client and at the client’s own risk unless otherwise stated.
It is our client’s responsibility to make any claims to 3rd party couriers/Royal Mail for any loss or damage to their products to and from ‘Gravity Studios / Mark King Photography’. Unfortunately we accept no responsibility once your goods have left our premises. Products will always be returned in the same packaging they arrived in if possible, to ensure the same quality of packaging on the return journey.
After 28 days from the shoot date, any uncollected items left in the studio will be disposed of.
5. Payment terms.
Payment terms for contracted clients are flexible and are negotiated on a per-client basis. This typically ranges between 7 days and 30 days upon invoice receipt.
For non-contracted clients for photography, video production and other services, we require full balance or a 50% deposit to confirm jobs with the full balance paid on completion. Where a deposit is paid, we will send watermarked images or sample files for review purposes and only release copyright granted work once full payment is received. Clients can make 1 full payment to confirm jobs in order to reduce administration and expedite delivery of work produced.
Payment can only be made by BACs transfer. We do not accept credit or debit card payments.
All prices quoted are exclusive of VAT which is chargeable at 20%.
6. Unpaid Invoices.
If payment is not made by the due date specified in our invoice, we reserve our statutory right to claim interest and compensation for debt recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998.
We reserve the right to charge a fee of £20 (excluding VAT) for each account reminder, duplicate invoice, or any other correspondence, paperwork or phone call involved with recovering a debt / unpaid invoice. This is non-refundable and represents time spent pursuing overdue invoices.
In addition, in the event of an unpaid invoice, ‘Gravity Studios / Mark King Photography’ reserve the right to revoke all discounts relating to this job (and/or any other jobs to be completed for a client) where invoices remain unpaid, making such discounts null & void and to revert to our full standard pricing structure appropriate to the job. We also reserve the right to suspend the provision of our services until payment of all overdue invoices have been paid to us in full.
If ‘Gravity Studios / Mark King Photography’ incur any recovery costs due to the non-payment of the unpaid invoice, this is payable by the client.
7. Approval Process.
Clients’ images are presented (in watermarked format) for approval, upon which they have 72 hours to make any comments known to ‘Gravity Studios / Mark King Photography’ (“Approval Period”). After the Approval Period has expired, ‘Gravity Studios / Mark King Photography’ assumes that the images have been approved. This will be deemed acceptance of the images as presented to the client, and we will issue our invoice. After the expiry of the approval period, we do not offer refunds against our photographic services and/or images.
If the client provides us with written notice (including by email) that it wishes for changes to be made to the images as presented, then we will endeavour to make such changes. If the client has raised an issue that the images do not comply with the brief and changes are required to ensure that the images comply with the brief, then such changes will be included in the price to be paid in respect of such images. If the client provides us with written notice (including by email) that they would like editing or alterations to be made to the images and/or re-shooting of the images, and this is outside of the agreed brief, then ‘Gravity Studios / Mark King Photography’ shall be entitled to charge for such changes and/or re-shooting under these terms and conditions.
If any Media Assets (images, videos or gifs etc) are shared with the client that are not watermarked, these are shared in good faith. No use may be made of any Media Assets in the public realm, for example on the clients website/s without prior permission and full Payment of the invoice. If part of the job is required urgently by the client (for websites, social media or printed material), then full payment of the invoice will be required before the entire job is completed. This will not impact our urgency or commitment to completing the job to the agreed brief and deadline. If any Media Assets are made public from the job (for example appear on a clients website or social media), then the client accepts that the Brief has been approved and immediate payment is then required.
8. Resupply Images/ Image changes.
If we are requested to resupply any images after 30 days from the invoice date, we reserve the right to charge a handling fee of £50 + Vat. Further retouching services required will be charged at £50 + Vat p/hr.
9. Shoot Cancellations.
If a confirmed booking is subsequently cancelled, a cancellation fee will apply. The fees are charged according to the following schedule:
Within 10 business days of the agreed shoot date.
A fee of 50% of the booked rate will be charged;
Within 3 business days of the agreed shoot date.
A fee of 75% of the booked rate will be charged;
Within 1 business day of the agreed shoot date.
A fee of 100% of the booked rate will be charged;
Upon cancellation, the client will be charged any expenses ‘Gravity Studios / Mark King Photography’ has incurred.
10. Insurance and Liability.
It is the client’s responsibility to ensure that there is sufficient insurance cover for their products in transit to and from the studio and when they are at our studio. ‘Gravity Studios / Mark King Photography’ does not provide insurance cover for clients’ products whilst they are in our studio. We advise the client to arrange their own adequate cover to insure against loss, theft and damage whilst in our studio and handled by our staff.
If the client or any person invited by the client visits our studio for the purposes of a shoot, then those persons agree to take all reasonable precautions whilst at our studio, including signing a Health and Safety Form for the purposes of the staff member’s own safety whilst being present in a working studio. That staff member also agrees to follow any guidance or instructions that we may give to them whilst the staff member is on our premises.
‘Gravity Studios / Mark King Photography’ shall not be liable (whether in contract, tort (including negligence), for breach of statutory duty or otherwise, arising out of or in connection with these terms and conditions for loss of profits, loss of sales or business, loss of contracts, loss of anticipated savings, loss of or damage to goodwill, or any other indirect or consequential losses.
Nothing in these terms and conditions seeks to limit or exclude our liability for death or personal injury caused by its negligence or for fraud or fraudulent misrepresentation.
‘Gravity Studios / Mark King Photography’ total liability to the client, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these terms and conditions shall be limited to the price paid or payable in respect of each individual brief under which any such liability may arise.
11. Photography Brief.
Specific instructions on how you wish your products to be photographed must be made clear to ‘Gravity Studios / Mark King Photography’ before the commencement of work. Photography can begin on the scheduled date following acceptance and mutual understanding of a verbal or written Brief (to be confirmed verbally or in writing, including by email or messaging App) provided by our clients. Any re-shoots of rejected images will be chargeable if ‘Gravity Studios / Mark King Photography’ has adhered to the Brief and the client makes changes to the Brief after the images or videos have been shot. If a client informs ‘Gravity Studios / Mark King Photography’ of any additions or changes to the Brief after commencement of the shoot, we reserve the right to charge extra for the additions or changes required if there is a time impact to the shoot. These additions or changes to the Brief after shoot commencement cannot prevent payment of the original Brief, if the client does not accept the additional costs.
12. Image Copyright.
‘Gravity Studios / Mark King Photography’ retains copyright on all images supplied to our clients. On payment, clients will be granted an all usage licence in perpetuity except for “above the line” and advertising commissions.
Model usage fees apply at a rate dictated to by the model agency.
In all cases, images supplied by ‘Gravity Studios / Mark King Photography’ cannot be used for the marketing of services that may be construed to be in direct competition with ‘Gravity Studios / Mark King Photography’, Including but not limited to Photographic and Design Services. Images supplied by ‘Gravity Studios / Mark King Photography’ cannot be resold or marketed for profit by the client.
13. Acts of God.
‘Gravity Studios / Mark King Photography’ shall have no liability to the client if their service is delayed or prevented by events, acts, or accidents beyond their control, including (but not limited to) an act of war, riot, civil commotion, fire, flood, storm and breakdown of machinery, failure of utility service or delays in the transport network.
14. Marketing and Promotional Materials.
‘Gravity Studios / Mark King Photography’ wishes to use images that it has created in its marketing and promotional materials. The client agrees that images created on its behalf can be used by ‘Gravity Studios / Mark King Photography’ for such purposes unless otherwise agreed in writing between both parties. In some cases, clients may wish for their images to not be used in marketing/promotional materials and this should be communicated at the quoting stage.
15. Law and Jurisdiction.
These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising from these terms and conditions or its subject matter or formation (including non-contractual disputes or claims).