IMAGEBUREAU Commercial Photography Terms and Conditions

1. This contract is agreed between Brendan Lyon Photography, trading as ImageBureau, and the person or organisation named as “the Buyer” in the schedule of Agreement.
2. References to “the photographer” mean the photographer appointed by ImageBureau to execute the terms of this contract. This also includes any reference to his appointed agents or assistants if present. The lead Photographer for this contract is Brendan Lyon.
3. References to “the Event” mean the event or occasion that is to be photographed and described in the schedule of agreement.
4. Should an event be cancelled be cancelled, please give at least twenty fours notice of the cancellation to avoid potential charges.
5. Should the Photographer be unable to complete the assignment through no fault of the Photographer, the Buyer will be liable for the full amount of the time portion of this contract. For example, this could be a situation where a building or property is not in a for state for photography or models or subjects failing to turn up.
6. The Buyer will be held responsible for any delays resulting from actions or non-actions by anyone other than the photographer. As the fees for photographic coverage of the Event are partly time based, it is the responsibility of the Buyer to ensure that the agreed timetable is adhered to. Unexpected delays and over runs which are outside the control of the Photographer may incur an additional charge.
7. Credit terms are thirty days – all fees must be settled in full thirty days from date of invoice.
8. VAT is charged at prevailing rates unless the Buyer is VAT exempt,
9. Each Photograph is checked for quality, colour and brightness levels. These images may be adjusted solely at the photographer’s discretion. Only photographs that meet the photographer’s high quality standards are included on proofing systems.
10. No manipulative post production is performed on the images. (e.g. there is no removal of spots, blemishes, objects, people etc) unless by arrangement. The Buyer understands and accepts that this labour intensive process is available at an additional fee as it is possible to spend several hours or even days manipulating (“photoshopping”) a single image.
11. A target number of photographs may be agreed in the schedule and the Photographer will be professional and reasonable in attempting to achieve the target, however, it may not be possible to achieve the target. The number of photographs delivered will vary according to the Event and the number of people present.  This can vary from a small number to a large number per hour. The rate of capture of photographs slows when the names of the subject have to be recorded and embedded in the file.  Many factors determine the number of the photographs delivered, most of which are outside the control of the Photographer. Time, co-operation of subjects, and availability of subjects are some of the critical factors.
12. It is the responsibility of the Buyer to ensure that adequate lighting is provided in auditoriums. Speakers should be lit by a spotlight of white light where possible. Venues that are lit in corporate colours will reflect in multicoloured faces of subjects, particularly in candid shots. Dark lecture halls, auditoriums, venues etc are not conducive to well lit candid photographs of delegates and participants.
13. ImageBureau have a policy of avoiding the use of flash photography in auditoriums during lectures and speeches due to its intrusive and distracting nature and the effect it can have on projected material. Flash photography is used for set up or posed photographs and for medal, certificate and award presentations,
14. Digital images are supplied via download at 300 dpi, in sRGB colour profile and will print up to 8x12 inches (A4) in size. Other options are available and may be subject to an additional charge.
15. Images vary in subject matter and may include background and filler shots. The style of the photographs will vary from event to event. Typical coverage involves a combination of posed images and informal images. The Buyer may give the Photographer any reasonable specific requests, but please note that due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested. The Photographer shall be granted artistic licence in relation to the poses photographed and the locations used. The Photographer’s judgement regarding the locations/poses and number of images taken is final and shall be deemed correct.
16. Optional extras such as prints, frames and albums are collected from the Photographer’s studio, but delivery arrangements may be made upon request and on the understanding that the cost of the delivery is borne by the Buyer.
17. Only the Photographer is permitted to use cameras, lights or any other property owned by Event Portraits Limited. Event attendees, delegates, spectators or guests (Guests) are welcome to take photographs with their own cameras provided that they do not interfere with the Photographer. Repeated interference by guests can be problematic and can interrupt the schedule of events. Guests who persist in disrupting the photographs will be asked to stop. Guests are expected to comply with reasonable requests from the Photographer.
18. The Photographer will not take photographs with cameras or other equipment belonging to Guests.
19. In the unlikely event of any complaints, the Buyer should raise the issue in writing within 21 days from the date of receipt of images. In the unlikely event of an unresolved complaint the Buyer may request the Irish Professional Photographers Association to mediate but only on the basis that its decision shall be final and binding upon both parties.
20. In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
21. The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control as in force majeure or Act of God.
22. Copyright of all images taken remains with ImageBureau at all times. The Press and PR licence given with the digital images allows the Buyer to distribute and print the images without charge to Newspapers, Periodicals, Journals, Web Sites, leaflets or any other reasonable outlet for temporary use in the promotion of the Event or the Commissioning Buyer’s services. Permanent display of printed copies of images is prohibited under this licence. Personal use of the images is prohibited under this licence. The Buyer is not permitted to deliver, pass on or give any of the photographs in any format to other suppliers (e.g. the Venue, caterers, performers etc ), nor to any delegates, speakers, attendees, celebrities, politicians etc. Any such requests are to be referred to Event Portraits Ltd.
23. ImageBureau reserves the right to use any of the images captured during the Event in studio, web site, portfolio, literature, display areas, exhibitions, competitions, advertising or any other manner for ImageBureau commercial and promotional purposes.