Terms and Conditions
This information has been compiled for the purpose of informing Clients of our joint obligations and responsibilities when we work together. If there’s anything that you’re unsure about, please just ask and we’ll be happy to clarify further.
“Brian Austwick Photography”
Refers to Brian Austwick Photography, 89 Rufus Road, Carlisle, Cumbria, CA1 2FZ.
Refers to the person(s), business(es) or organisation(s) referred to in a Quotation or Estimate of Fees who is any purchasing professional services provided by Brain Austwick Photography.
Refers to Brian Austwick, the owner of Brian Austwick Photography.
Refers to the cost of professional services provided by Brian Austwick Photography to the Client based on confirmed scope and/or specification.
“Estimate of Fees”
Refers to a provisional financial amount provided by Brian Austwick Photography to the Client and will be confirmed as a Quotation once full requirements and specifications are confirmed.
Refers to the agreement made between Brian Austwick Photography and the Client as set out in these Conditions and/or any other document which is formally agreed by both parties in advance of Services being undertaken.
Refers to the services provided by Brian Austwick Photography as set out in the Quotation, together with any other agreed additional services provided by Brian Austwick Photography and/or their Associates, to the Client.
Refers to any individual, agent or organisation sub-contracted by Brian Austwick Photography for the provision of complimentary or specific services for the satisfactory completion of a Client commission.
Refers to an instruction or request made by a Client for Brian Austwick Photography to provide professional services. The commission will be deemed complete once the tasks involved are completed to the agreed specification and/or Client approval.
Refers to, without limitation, any content, photography, video footage, created by Brian Austwick Photography as part or whole of any agreed Services or Commission.
Refers to, without limitation, any document (printed or digital), data, reports, specifications, software, photography and video footage, including any further unspecified materials owned by the Client which may be beneficial or required by Brian Austwick Photography in order to undertake their Services for the Client.
Information provided by Brian Austwick Photography as part of any business proposal or tender process should be considered confidential and of a commercially sensitive nature and may not be shared with other persons beyond the intended recipient(s) without prior permission.
The Client is required to keep in strict confidence any processes, specifications, technical information or commercial know-how imparted to the Client, their employees, agents or sub-contractors as part of the Services provided by Brian Austwick Photography.
Likewise, should it be required to protect Intellectual Property or prevent the disclosure of commercially sensitive information, any Client may request a binding Non-Disclosure Agreement between themselves and Brian Austwick Photography.
Should any Non-Disclosure Agreement require the services of a legal professional, any fees shall be paid in equal amounts by the Client and Brian Austwick Photography.
3. Quotations and Estimates
Quotations are valid for thirty days unless stated otherwise and given in good faith. It is the responsibility of the Client to read the information provided in a Quotation and notify Brian Austwick Photography of any errors, omissions or amendments prior to work commencing.
The acceptance of a Quotation by a Client or an authorised employee or agent constitutes approval by the Client for the purchase of professional services provided by Brian Austwick Photography.
Acceptance of a Quotation and instructions to proceed with a Commission may be written, including by email, or verbal, which Brian Austwick Photography shall acknowledge and indicate a start and, if possible, a completion date.
The submission of a Quotation or Estimate of Fees or other proposal or tender document does not constitute a formal contract. Either party may decline to proceed with the Commission before any Services have commenced.
Brian Austwick Photography shall endeavour to provide the Services described in the Quotation and to meet any deadlines or performance dates specified. Please note that any such dates shall be given as best estimates only. The Client also agrees to work with Brian Austwick Photography in a co-operative manner and provide accurate information, including Content, to ensure Brian Austwick can deliver the Services described in the Quotation and achieve any agreed schedule.
4. Client Obligations
The Client shall, in all matters, co-operate with Brian Austwick Photography, including any sub-contractors appointed for the purposes of the Commission, and all matters relating to the Services provided by Brian Austwick Photography.
The Client will endeavour to provide, in a timely manner, information, Content or any other assets reasonably required so that Brian Austwick Photography may undertake their Services with respect to the Commission. Brian Austwick Photography cannot be held responsible for any delay in the delivery of a Commission, nor be liable for any costs, charges or losses sustained or incurred by the Client, where such materials have not been provided in a timely manner.
No Client may solicit, entice away or attempt to employ any employee of Brian Austwick Photography within a period of 4-months after the last date of supply of the Services without the written consent of Brian Austwick Photography.
5. Speculative Work
Brian Austwick Photography does not undertake speculative work including, but not limited to, part of a competitive pitch or tender. Project briefing, specifications and fees must be approved in writing before any project commences.
6. Pro-Bono Work
There may be instances where Brian Austwick Photography will undertake projects for charitable or third-sector organisations with whom our ethos is aligned. Please do not translate this to mean that we will work for free, and we reserve the right to determine the circumstances and criteria that qualify for pro-bono activities by Brian Austwick Photography.
7. Client Meetings
Client meetings are, unless agreed, chargeable and billed separately to any Quotation and chargeable at the standard rate of £80.00 per hour. Fees for such meetings will be advised in advance.
Travel (both return journey time and costs incurred) to client premises or meeting locations, or such locations required for other business-related activities, is billable. Expenditure incurred by Brian Austwick Photography for subsistence and overnight accommodation is billed to the Client at cost.
8. Change of Scope or Specification
Should the Client decide that changes to the scope or specification of the Commission are required after work by Brian Austwick Photography and/or their Associates has commenced, Brian Austwick Photography may accept these changes with the provision that additional charges may have to be negotiated and agreed in advance of further works being undertaken.
Notwithstanding, should the change in scope or specification be of a significant nature, Brian Austwick Photography reserve the right to terminate the Contract and bill for an appropriate percentage of the overall Commission fees in-line with the Quotation and Services provided to such time.
Any information or Content which is supplied late or is in addition to that which has been agreed, or represents a substantial change in the Commission, shall be deemed as Author’s Amends and shall be subject to additional charges above the fees laid out in any Quotation.
Should the Client wish to cancel the Commission at any point they will be liable for the Services that have already been undertaken by Brian Austwick Photography and/or their Associates and shall be invoiced accordingly. In such an instance, Brian Austwick Photography shall provide an itemised statement of all works undertaken.
10. Advance Payment
In certain circumstances, Brian Austwick Photography shall request an advance payment of 50% of the total Commission fees before work commences. Where this condition is applicable, this shall be specifically outlined in the Quotation provided. After work has commenced this advance payment is deemed as non-refundable.
Where large volumes of printed material or items are ordered by the client, it is reasonable that Brian Austwick Photography may request advance payment to cover the purchase of such materials.
Once the Commission has been completed payment of all project fees are due and an invoice shall be issued to this effect. Payment terms are 14-days net of the invoice date, unless previously agreed otherwise.
Payment can be made by company cheque made payable to Brian Austwick and in GB pounds only.
12. Late Payment
Payments are due 14-days net of the invoice date. Accounts that have not been settled may incur a late payment charge of £80.00 per calendar month overdue.
If the Client is unable to pay invoices within the 14-day timescale they must inform Brian Austwick Photography at the earliest possible instance to avoid late payment charges.
Brian Austwick Photography asserts its right to be credited as the author of any Deliverables created for the Client as part of the Commission, including the final creative solution and any development work undertaken to reach the final approved Deliverables.
Any copyright is transferred to the Client upon complete and final payment for the Commission.
Brian Austwick Photography retains moral rights to the work, meaning that we assert the right of attribution, the right to the integrity of the work and the right to have the work published in any format or media for the purpose of promotion of Brian Austwick Photography.
14. General Liability
Brian Austwick Photography cannot be held responsible for anything which adversely affects the Client’s business operation, sales, or profitability that they might claim is a result of a Service offered or Deliverable provided by Brian Austwick Photography.
Brian Austwick Photography will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines and shall make every reasonable effort to meet agreed deadlines or inform the client in advance if deadlines are not achievable.
Brian Austwick Photography will not be liable or become involved in any disputes between the Client and their customer(s) and cannot be held responsible for any wrongdoing on the part of a website owner (the Client).
15. Complaints Procedure
We hope you are happy with our service and always want our clients to have a very good and positive experience with Brian Austwick Photography.
If this is not the case, please raise the matter in writing by email to email@example.com clearly outlining the grounds for complaint. We shall acknowledge the complaint within 3 working days and make a full and considered response to the complaint within 7 working days.
Any subsequent remedy will be implemented with the minimum of delay.
Drone Film Footage and Photography
1. Availability – Booking
Due to the nature of the weather in the UK and nature of aerial photography we are flexible when working with clients. Many of our jobs are booked at short notice. However, there must be appropriate time for pre-flight checks and to ensure the shoot can be undertaken safely, adhering to the rules & regulations of aerial filming and our operating licence.
We are happy to pencil-in potential jobs and dates for clients. However, actual bookings take priority. Naturally, if someone has a date pencilled-in they receive first refusal on their proposed date.
2. Operational brief, permissions & site access
An operational brief will be prepared by Brian Austwick Photography prior to any deployment and a site visit depending on the nature of the operational requirement. It is the client’s responsibility to guarantee permissions from the landowner are in place to allow deployment of the drone. It is the client’s responsibility to guarantee that there is safe access to the site. Should there be no access to the site on the operational day then the client will be liable for the full rate quoted and any expenses if applicable.
During the operation it is the pilot’s responsibility to fly the drone safely and responsibly. Should it become apparent that an elevation, angle or speed for a filming operation requested by the client will compromise the operational safety, and then Brian Austwick Photography will abort that flight. Brian Austwick Photography will try to capture the images at another elevation, angle or speed but cannot guarantee that this will be as originally requested for filming. It is always advisable to request a site visit and discussion prior to operational deployment. Usually these are part of our quotation; however, there may be a charge for a site visit depending on location and urgency.
Brian Austwick Photography will offer one short clip promotional edit of up to one minute in duration of aerial video for use on social media and no more than one alteration of the edit as part of an aerial video service. For a long length edit for use within a promotional package, media, newsreel, website insertion etc a professional editing service can be used. Brian Austwick Photography can recommend an associate business partner.
5. Postponement, cancellations & weather
Remote controlled aerial filming is naturally affected by the flying conditions. Should it not be safe to deploy the drone/s the pilot/s will land or not operate until they feel safe to operate.
Cancellation can be made up to 4 days before the shoot with no charges incurred. If the operation cannot be re-scheduled (which we usually know in advance of carrying out the aerial filming), we will discuss the cancellation with the client and come to a fair and reasonable compromise.
Cancellation less than 4 days prior to the shoot day will incur a charge of 50% the shoot quote.
Cancellation on shoot day. Once the pilots/operators have travelled to location and should the shoot be cancelled due to weather or other factors, full day rates including mileage/expenses will still apply.
Cancellation due to weather prior to the shoot day will not incur any charges if the shoot is re arranged.
If we advise to re-arrange a shoot, but the advice is not taken and subsequently a shoot is not possible, then a charge of 50% of the shoot quote will be incurred. Additional expenses incurred such as additional mileage will also be charged at full rate.
If a drone deployment is cancelled due to other issues and simply cannot be re-scheduled due to the client no longer requiring our services. Full quote price including any costs which have been incurred will be met by the client.