Acceptance

This Agreement is between Gathering Light and the Client as per the Booking Confirmation. The Client wishes to commission Gathering Light to undertake the work for them for the agreed time frame and we accept the engagement. By commissioning our services, the Client agrees to the Terms and Conditions outlined below, including the payment of fees.

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Booking Confirmation

A booking is confirmed once an email has been sent to the Client by Gathering Light with the title Booking Confirmation and a deposit has been paid. The booking fee is not refundable or transferable 21 days out from a booking. Prior to that the booking fee can be used to reschedule a booking or if more than 21 days prior to the booking notice is given in writing a refund can be arranged. 

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Cancellation Policy

Once a booking is confirmed, if it is cancelled, a cancellation fee may apply according to the following schedule:

If a client cancels a confirmed booking up to 3 weeks before the scheduled shoot date, an amount of 25% of the quoted fee will be charged.

If a client cancels a confirmed booking within 2 weeks of the scheduled shoot date, an amount of 50% of the quoted fee will be charged.

If a client cancels a confirmed booking within 7 days before the scheduled shoot date, the full quoted fee will be charged.

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Copyright

The Client acknowledges and agrees that Gathering Light has exclusive ownership of all copyright for each and every image taken during the shoot, as well as all original captures, processed files and any other copyright works supplied to the Client under this Agreement.

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Usage License & Client Media Usage

Subject to the payment of all our fees without deduction, Gathering Light grants to the Client a non exclusive, non- transferable licence to use and reproduce the Images for the media and in the territory stated in the ‘Client Media Usage’ clause in the Fee Proposal (Usage Licence). Additional usage licenses are available by request for additional fees to be agreed upon by Gathering Light prior to any additional usage. The Usage Licence is personal and cannot be assigned or transferred.

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Use by Third parties or Additional Usage

In the event that the images are required to be used by a third party or beyond the terms of the Usage Licence, then this is permitted provided you give prior written notification to Gathering Light of the intended use of the Images and the Client or the third party (as the case may be) before any of the additional work commences. The Third Party or The Client agrees to a further Fee Proposal in relation to the intended additional use of the Images and pays all fees the subject of the further Fee Proposal which may include a % charge of the original fees charged or a “per image” rate. The Images must not be passed-on or on-sold to any third party or parties by you without prior written permission from Gathering Light. You agree to refer any third party wishing to access Images directly to Gathering Light.

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Split Fee Projects

In the event of a multi-party split fee shoot, a single brief agreed upon by all parties must be provided by the Clients to Gathering Light. All Client parties must also agree to these Terms and Conditions individually, by email before the shoot date.

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Editing

All images will be processed by Gathering Light to a professional standard. Additional fees may be incurred for extensive retouching over and above the norm ie. drastic reconstructions of elements are required (eg. cleaning, removal of objects, construction defects etc).

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Delivery of Images

Images will be supplied by Gathering Light to the Client in both high resolution (300dpi JPEG) and low resolution (150dpi JPEG) via Dropbox, unless otherwise agreed. You must advise us in writing prior to the shoot if you require high-resolution TIFF files. RAW images are not supplied. You agree not to publish any proofs provided to you during the edit process (even on social media) without the prior written approval of Gathering Light. The Client is responsible for backing up the final images provided to it by Gathering Light. You acknowledge and agree that Gathering Light has no responsibility or liability for the deletion or failure to store any images, original captures, processed files or other copyright works created under this Agreement.

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Indemnity

You agree to release, indemnify and hold Gathering Light harmless from any and all losses, damages, expenses, including legal fees or claims or actions of any kind or injury arising out of or relating to your use of our services, the Images and/or your breach of this Agreement.

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Exclusivity

Gathering Light retains the right to use the Images for self- promotion and may on-sell the images to third parties during the Term of your Usage License if it, in its sole discretion and without notice to you, deems that there is no conflict of interest with your usage requirements. Gathering Light supports the addition of the Client adding their own fees to a third party sale and will discuss the inclusion of this with the client should the situation arise.

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Art Work

You agree that as the Client you have received full and in writing permission to produce and display any original artwork in any of the images taken from the artist of the artwork or their legal representative.

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Invoices

Gathering Light will issue any invoice to you for our services by the date of delivery of the images. The Client must pay our invoice within 7 days of issuance.

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Social Media

Please make sure you credit the photography when sharing on social media with a Tag and @gathering.light in the caption. As well as any other parties pertinent to your job. Ask for this same activity on any reposting requests. The same community building spirit is always reciprocated when I share your work on socials.

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