TERMS and CONDITIONS of SERVICE
The following items are intended to clarify the responsibilities of all parties. Please read these carefully and initial above right as proof of your understanding of these terms. Photographer(s) means Photographer(s) and/or Videographer(s). We are happy to answer any questions you might have regarding these terms.
1. Retainer and Payments: The Client shall pay a non-refundable retainer (the “Retainer”) to secure the scheduling of the Photographer(s) to perform the photographic / videographic services (“photographic services”) in the amount specified in the quotation issued or one-third of the final estimated total (whichever is greater), due upon the execution and booking of photography service. Client understands that in the event that the photography event is cancelled, the retainer will be held as payment to offset the loss of billable time and to cover expenses already incurred. Re-scheduling an event may result in a re-booking charge. The balance of all Fees is due no later than 30 days prior to the event. If the remaining Fees are not paid when due Aperture Studio Ltd / Ant Yeung Photography reserves the right to cancel the Agreement and retain the Retainer as its liquidated damages. Client agrees to pay all fees for additional films and other expenses as set forth in the Aperture Studio Ltd / Ant Yeung Photography Standard Price List, before delivery of proof album. Additional album and reprint fees are due upon order. Late payments are charged a 1.5% per month interest rate. No payment is to be made or negotiated with the Photographer(s) without prior approval of Aperture Studio Ltd / Ant Yeung Photography.
2. Copyright and Reproductions: The Client shall have the right to keep and store all negatives, reproductions, digital files (including video files), transparencies, proofs, and final prints, of all images created, but Aperture Studio Ltd / Ant Yeung Photography shall be the exclusive owner of the copyright of all negatives, reproductions, digital files (including video files), transparencies, proofs, and final prints, of all images created. Client may not sell or transfer copyright without permission of Aperture Studio Ltd / Ant Yeung Photography. Client agrees to allow free and unfettered temporary access to the original negatives and digital files if requested by Aperture Studio Ltd / Ant Yeung Photography. The Photographer(s) and Aperture Studio Ltd / Ant Yeung Photography shall have the exclusive right to make reproductions for publication or sale. Client releases and authorizes the Photographer(s) and/or Aperture Studio Ltd / Ant Yeung Photography to use the images and any reproductions in their portfolio, websites, samples, promotion, advertising specifically for Aperture Studio Ltd / Ant Yeung Photography, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of Aperture Studio Ltd / Ant Yeung Photography offices or studios. If the Photographer(s) or Aperture Studio Ltd / Ant Yeung Photography desires to make other uses, they shall not do so without first obtaining the written permission of the Client. Client warrants that all participants in each non-public event freely give their consent to being photographed and videoed as part of each production and consent to the same good-faith usages of their likeness as described above. Client assumes responsibility for such release and authorization, and for notification of all participants.
3. Client’s Usage: Client is granted right to make reproductions for personal / own use only, not for sale or publication, including but not limited to print, internet and any future media. The Client is obtaining prints for personal / own use only, and shall not sell the said prints or authorize any reproductions thereof by parties other than Aperture Studio Ltd / Ant Yeung Photography. If Client is obtaining a print for newspaper announcement of the photography event, Aperture Studio Ltd / Ant Yeung Photography authorizes the Client to reproduce the print for this purpose only. In such event, Client shall request that the newspaper run a credit adjacent to the photograph reading “Copyright {year of photography event}, {Photographer(s)’s name}, Aperture Studio Ltd / Ant Yeung Photography”, but shall have no liability if the newspaper refuses or omits to do so.
4. Photographer(s) Replacement: The Photographer(s) shall provide the photographic services specified herein the quotation issued. Client agrees, however, that with prior Client’s approval, Aperture Studio Ltd / Ant Yeung Photography may substitute another Photographer(s) to provide photographic services in the event the Photographer(s) becomes ill or otherwise unavailable. Aperture Studio Ltd / Ant Yeung Photography agrees that attempt to find a replacement Photographer(s) will first be made from available pool at Aperture Studio Ltd / Ant Yeung Photography and that the replacement will not incur additional fees.
5. Failure to Perform: If Aperture Studio Ltd / Ant Yeung Photography is unable to provide a Photographer(s) or otherwise fails to perform its obligations under this Agreement or as quoted in the signed quotation issued due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer(s)’s illness, then Aperture Studio Ltd / Ant Yeung Photography shall return the fees paid by the Client, but shall have no further liability with respect to the Agreement. In the event Aperture Studio Ltd / Ant Yeung Photography fails to perform its obligations under this Agreement for any other reason, Aperture Studio Ltd / Ant Yeung Photography shall not be liable for any amount in excess of the amount Client has paid. This limitation on liability shall also apply in the event that the original negatives or digital files are damaged in developing or processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged or to any other claims arising under or relating to this Agreement. Any claim for refund or reimbursement for any reason made by the Client must be submitted in writing to Aperture Studio Ltd / Ant Yeung Photography within 30 days of delivery of materials from Aperture Studio Ltd / Ant Yeung Photography to the Client.
6. Inherent Qualities: Client is aware that photographic materials may fade or discolour over time due to the inherent qualities of materials and the manner in which they are stored, and that digital media may also lose its quality or made unreadable due to the failure of the medium it is stored on, and Client releases Aperture Studio Ltd / Ant Yeung Photography and the Photographer(s) from any liability for any claims whatsoever based upon fading or discoloration or file loss or file unreadable due to such inherent qualities.
7. Aperture Studio Ltd / Ant Yeung Photography Standard Price List: Charges in this Agreement are based on Aperture Studio Ltd / Ant Yeung Photography Standard Price List in effect or quotation issued at time of execution of this Agreement. Client acknowledges that he/she received a copy of Aperture Studio Ltd / Ant Yeung Photography Standard Price list prior to executing this Agreement. Charges for additional orders made after completion of contract will be based on prices in effect at time of order. Client understands that film and photographic processing are commodity items subject to price fluctuation and that charges for these items may increase. Accordingly, Aperture Studio Ltd / Ant Yeung Photography reserves the right to increase its prices for film and photographic processing after the execution of this Agreement. Client agrees to pay for any increased charges provided Aperture Studio Ltd / Ant Yeung Photography gives the Client written notice of any changes 7 days before the photography event day. Aperture Studio Ltd / Ant Yeung Photography agrees that such price increase will be proportional to the actual price increases that Aperture Studio Ltd / Ant Yeung Photography incurs from its vendors.
8. On-line Services: Aperture Studio Ltd / Ant Yeung Photography currently offers on-line proofing, viewing and ordering services (the On-line Services) over the Internet through a third-party provider (the “Provider”) at no additional charge. Aperture Studio Ltd / Ant Yeung Photography reserves the right to eliminate or change the On-line Services at any time. Aperture Studio Ltd / Ant Yeung Photography shall have no liability for and the Client shall hold Aperture Studio Ltd / Ant Yeung Photography harmless from any claims, damages or losses arising from or relating to the On-line Services or any other services performed by the Provider.
9. Arbitration: All disputes arising under or relating to this Agreement shall be submitted to binding arbitration in Hong Kong and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Any dispute involving HK$50,000 or less shall be submitted without arbitration to Small Claims Court in Hong Kong SAR having subject matter jurisdiction and Client consents to personal jurisdiction in such court. Client shall pay all arbitration and court costs, legal fees and expenses, and interest on any award or judgment in favour of Aperture Studio Ltd / Ant Yeung Photography.
10. Exclusivity: It is understood that Aperture Studio Ltd / Ant Yeung Photography is the exclusive official Photographer(s) retained by the Client to cover the event. Any conflicts with other Photographer(s) and/or video coverage contracts and any notifications necessary to avoid such conflicts are the sole responsibility of the Client. Aperture Studio Ltd / Ant Yeung Photography agrees that its owners, staff and employees will conduct themselves in a manner generally befitting professionals while in attendance at each event.
11. Permits and Clearances: The Client assumes all responsibility for obtaining any necessary permission and clearance permits which may be required for Aperture Studio Ltd / Ant Yeung Photography to photograph each event, public or private. Client is solely responsible for any parking, admission fees, passes or tickets necessary for Aperture Studio Ltd / Ant Yeung Photography to gain access to and photograph the event. Client assumes all responsibility for the quality from the use of or inability to use such requested camera positions.
12. Reprint Consistency: Client understands that consistency in the appearance of reprints and enlargements ordered at different times cannot be guaranteed and is advised, but not limited to, making one complete reprint order if consistency is important.
13. Negatives and Digital Files: Client agrees that Aperture Studio Ltd / Ant Yeung Photography owns and retains copyright to the negatives and digital files and all subsequent reproductions. Client agrees to have film processed by a lab maintaining professional standards. Client agrees to keep the original negatives and digital files in a safe and secure place when in Client’s possession and to grant Aperture Studio Ltd / Ant Yeung Photography temporary access to original negatives and digital files within 6 months of the photography event date and at any future time upon reasonable notice. Client agrees that if Client is unable to fulfil this clause, right of possession of the original negatives and digital files shall remain with Aperture Studio Ltd / Ant Yeung Photography. Client releases Aperture Studio Ltd / Ant Yeung Photography and the Photographer(s) from any liability with regard to lost, damaged or poorly processed film and files when printing and processing are not ordered through Aperture Studio Ltd / Ant Yeung Photography. Client acknowledges that unprocessed film or digital files should not be exposed to any harsh environments such as heat, humidity or x-rays, and releases Aperture Studio Ltd / Ant Yeung Photography and the Photographer(s) from any liability resulting from improper care or handling of film after exposed film or digital files is transferred to the Client.
14. Successors and Assignees: This Agreement and the rights and obligations of the Company hereunder may be assigned by the Company to any subsidiary or affiliate or successor to the Company and shall inure to the benefit of, shall be binding upon, and shall be enforceable by any such assignee. This Agreement and the rights and obligations of Client hereunder may not be assigned by the Client.
15. Miscellaneous: This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by the Client and Aperture Studio Ltd / Ant Yeung Photography. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of Hong Kong SAR, without reference to provisions relating to conflict of laws. If any provision of this Agreement is held to be invalid or unenforceable, the other provisions shall continue in full force and effect.
16. Version: If there is any inconsistency between the English and Chinese version of this Agreement, Terms and Conditions, the English version shall prevail.