Terms and Conditions

Definitions and Interpretations 

The following terms set out the terms on which [Horizon Visuals] ("us", "we" or “our”) will provide photography services and the basis of determining our charges to a [client] (“them”, “they”, “you” or “your”).

These terms form the agreed contract under which we provide our photography services.

  1. Pre-shoot Consultation

    In order to finalise fees, times and locations, amongst other specifics, the parties agree to a pre-shoot consultation before any additional services are provided. This can be in person but it is accepted that this may be solely via email and/or electronic messaging services.

  2. Fees

    Prior to the shoot, the Client will discuss with us and agree upon estimates and fees. For some shoots we reserve the right to ask for up to 30% of the full invoice to be paid upfront. Such a request will be made to the Client as part of the pre-shoot consultation. This upfront payment is non refundable. The Client will be sent an invoice for the shoot approximately 5 to 7 days after completion of the shoot and also upon delivery of all the images. The Client is to settle all outstanding fees within 30 days of the shoot. Prices may be subject to a charge of 5% GST or 20% VAT charge. ‘Express delivery’ is also available at an additional cost.

  3. Shoot Specifics

    The Client will be responsible for identifying people/objects of whom/which specific photographs are desired. If the client is unable to do so themselves then they are responsible for assigning responsibility to a proxy. We will not be held accountable for not photographing the desired people/objects if no assistance in identifying or gathering said people/objects is provided, unless this is specifically agreed otherwise in writing prior to the shoot. We are limited by the guidelines of the location of the shoot. The Client agrees to accept the technical results of their imposition on us. Only technical suggestions will be offered by us. It is the Clients responsibility to negotiate with any relevant officials prior to or during the shoot.

  4. Programme

    In consultation with the Client, the start and finish times of the shoot will be discussed between the Client and us. We will then subsequently determine the best time to arrive and depart.

  5. Cancellations

    If a confirmed booking is cancelled a cancellation fee will be charged to the client as follows (i) the client cancels a confirmed booking within 10 days of the confirmed shoot date a fee of 30% of the agreed estimate will be charged; (ii) the client cancels a confirmed booking within 7 days from the confirmed shoot date, a fee of 50% of the estimate will be charged; (iii) the client cancels a confirmed booking within 3 days of the confirmed shoot date, a fee of 75% of the estimate will be charged; (iv) in addition to the applicable cancellation fee, the client will be charged for any expenses we have incurred. The client is liable to pay 50% of the estimate plus any expenses we have already incurred if they, in agreement with us, cancel a shoot due to inclement weather/lighting conditions or any other reason outside of our control and the client is unable or unwilling to arrange or agree a suitable new date within a reasonable (1 month) or mutually agreed timescale.

  6. Positive Relations

    The Client agrees to cooperate and communicate with us in a positive manner for the best possible outcome of the shoot. We are not responsible for any individuals’ absence or lack of cooperation impacting on the quality of organisation/running of the shoot and the impact this has on the images.

  7. Right for Withdrawal

    We reserve the right to withdraw from a confirmed booking should new information, changes to agreed circumstances, or other factors which are contrary to our internal policies come to light. Examples of contributing factors include non-cooperation; changes in locations, facilities or available times; missed appointments or poor/lack of communication and late payments.

  8. Conflict of Interest

    We reserve the right during my engagement with you to deliver services to other clients whose interests might compete with yours, or are, or may be adverse to yours. We agree to notify you immediately should we become aware of any conflict of interest involving us.

  9. Performance

    We shall have no liability for failure to perform my obligations as a result of the occurrence or circumstance not within our reasonable control including, without limitation to, an act of God, flood, fire, illness or disease, warfare, changing government laws or regulations, utilities failure or strikes by suppliers.

  10. Style of Photography

    The Client understands that they are paying us for our time, skill and creativity. The Client agrees that prior to confirming a booking they have viewed our work and they are satisfied with the type and style of our photography. The client also accepts that we may not fulfil any anticipated or preconceived expectations on type and style of photography.

  11. Clothing and Accessories

    We have no liability for the clothing or accessories chosen by the subjects for the shoot nor shall we have any liability for the fit or presentation of the clothing or accessories the subjects wear.

  12. Prints

    We take no responsibility for the print quality of images printed by anyone other than those that we recommend. Any arrangements for prints, including costs, are to be determined by agreement between the Client and us.

  13. Post shoot schedule

    12 to 14 days following the date of the shoot we will provide the client with all the images. [The Client will receive a copy of the images via an online link. This will contain selected photographs (in a combination of colour and black and white, but not one of each kind) from the shoot]. ‘Express delivery’ requests for specifically selected images (maximum of [5] images) by the client (delivery within 48 hours of the shoot) is at a cost of 15% of the full shoot price. ‘Express delivery’ requests for all images (delivery within 5 to 7 days of the shoot) is at a cost of 25% of the full price of the shoot. It is the norm for original and unedited images to be available for [12] months from the date of the shoot. [Any requests for images after this date will incur an archive fee of £75 which must be paid to secure delivery of the images.] [We cannot guarantee that original and unedited images will be available after 12 months.] We take no responsibility for lost or damaged images once delivered to the Client.

  14. Image Manipulation

    If technically possible we will perform limited image manipulation. It is understood that if a technicality prevents us from performing image manipulation, such as red eye removal, colour correction or blemish removal, or if it prevents the final result to meet the Client’s requirement then the Client will accept that we have performed to the best of our ability and that we have no further responsibility towards said image manipulation. The Client specifically consents to such image manipulation.

  15. Model Release

    The Client assigns and grants to us and our legal representatives the right to use and publish photographs of the Client or in which the Client may be included for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. This is unrestricted and irrevocable. It is agreed that we may display and use the photograph(s) taken for advertising, display, website and internet promotion, photographic contests, public display such as in shopping centres, books, shop fronts, window and billboard displays, studio display, television advertising, magazine advertising and any other purpose we think are proper. The Client releases us and our legal representatives and assigns from all claims (including profit) and liability relating to said photograph(s). The Client agrees to provide a release in the form attached to the Agreed Terms of Engagement for any other persons to be photographed. 

  16. Copyright

    All material (photographs, digital negatives and/or prints) produced by us are our property and protected by law (all rights reserved) and may not be reproduced in any way without our explicit permission in writing. The License Use Agreement (outlined in Term of Engagement) will be transferred to the client once we have received final payment for my service. The Client/Agency will have licence exclusivity, covering all uses of the photography in relation to the product named within the licence. Unless otherwise stated in the contract of agreement, we retain the right to use the photograph(s) for promoting my own work.

  17. Photo Licensing

    We retain copyright even though the The License Use Agreement at times may specify, amongst others, "All media (print and digital)" under Media Use, the Territory being "Worldwide" and the Time Period set as "In perpetuity". An “All media (print and digital)” licence is still subject to the Terms and Conditions and therefore does not permit use in relation to another product or sub-licensing, including a photo library. Further, the license cannot be sold on as an asset if the client regrettably goes into liquidation – should this occur the licence will revert back to us.

  18. Liability Limit

    In the event of travel disruption, sickness, medical, natural, or other emergencies, it may be necessary for us to withdraw our services. If such a situation regrettably occurs, responsibility and liability is limited to the return of all payments received. We take the utmost care with respect to exposure, transportation and processing of our photographs but; in the unlikely event of the Client's photographs being lost, stolen, damaged or destroyed for reasons within or beyond our control, liability is limited to the return of all payments received for the shoot. The liability limit shall not exceed the total amount paid to us for the photography services. The liability limit for a partial loss of original images will be a prorated sum based on the percentage of images lost from the total number of originals.

  19. Client Liability

    Liability shall be joint and several for each person who comprises the Client (as set out in the Agreed Terms of Engagement Form)

  20. Client Confidentiality

    We will not disclose to any third parties any personal data or confidential information relating to the Client unless and except if: (i) such disclosure is permitted under these Terms; (ii) we have the consent of the Client to do so; (iii) we consider it appropriate in the proper conduct of the matter; (iv) such information is already in the public domain; or (v) we are required or permitted to do so by law, or by a governmental, judicial or regulatory authority. We may collect, use and process information for or in connection with, amongst other things (a) the provision of the services and any purpose ancillary to the provision of the services (including, without limitation, performing appropriate anti money laundering/financing of terrorism procedures, undertaking conflict of interest checks, archiving, client and matter management) and/or (b) otherwise in connection with my business (including, without limitation in connection with marketing, business development, know how, credit control and debt management, analysis of our business and generation of internal reports and accounts and assessment of legal and financial risks to our business). We take reasonable steps to keep information that we hold secure from unauthorised access, modification or disclosure. We reserve the right, to be exercised at my discretion, not to disclose to the Client any information relating to any other person that we may receive. The Client specifically consents to any collecting, processing and disclosing of personal data or confidential information as referred to above and as required in connection with the provision of our services, including the transfer of information in accordance with applicable laws, both to and from the European Economic Area (of which Jersey, Channel Islands, shall be considered a part of) including to jurisdictions where data protection laws may be weaker than those within the European Economic Area. 

  21. Severability Clause

    Should elements of these Terms be deemed invalid or unenforceable the validity of these Terms as a whole will be unaffected, and the other provisions shall remain in full force and effect.

  22. Governing Law

    These Terms shall be construed, interpreted and presided over in accordance with the laws of Jersey (Channel Islands). All parties hereby irrevocably agree that the courts of Jersey have absolute jurisdiction to settle any dispute which may arise out of or in connection with these Terms and that accordingly any suit, action or proceeding arising from or in connection with these Terms shall be brought in such court.

Privacy Policy

Definitions and Interpretations 

“Personal data” means any and all information provided by you that relates to, and identifies, a living individual. This definition shall, where applicable, incorporate the definitions provided in the EU Regulation 2016/679 – the General Data Protection Regulation (“GDPR”); 

“us / we / our” means [Horizon Visuals]

“you / your / client” means a client or anyone engaged with any service provided by [Horizon Visuals]. 

Overview 

We are fully compliant with the General Data Protection Act (GDPR) and the Data Protection (Jersey) Law 2018. We completely understand imperative protecting your data and your privacy is. We take care considering how your personal data is used, stored and shared. Your personal data will be collected and used solely for the purpose of providing our photography services effectively. All data collected is at an absolute minimum. Our obligations under the law and your rights in relation to the personal data that we hold are always taken into consideration.

If you have any concerns about your data and its storage you can contact us directly via email (richard@horizonvis.com).

How is personal data collected?

  • Information you provide us with when you enquire via electronic message, email or our website contact form

  • Information you provide us with during meetings

  • Information you provide us with when entering into a contract with us

  • Information you provide when communicating with us electronically, by telephone or by post

  • The images we take of you while providing our photography services

  • Information already available from public sources

  • While interacting with our website we may automatically collect data about your browsing actions and patterns through cookies. Our website is hosted by Squarespace and further details about their use of cookies can be found here.

  • While interacting with my client gallery we may automatically collect data about your browsing actions and patterns through cookies. Our client gallery is hosted by Pixieset and further details about their use of cookies can be found here.

  • We may receive personal data about you from third parties who may also use cookies, the control of which we do not have. These cookies are most likely analytical/performance cookies or targeting cookies.

What personal data is collected?

We may collect part of, or all of the following data:

  • Name

  • Address

  • Email address

  • Telephone number(s)

  • Business or Company name

  • Job title

  • Profession

  • Bank account details

  • Your photography preferences and requirements

  • Your image, taken as part of my photography services

  • Browsing actions and patterns on my website. Including the date and time, site response times, downloads, errors, page visit time length, route to my website from other websites including the address of the other sites, or route to my website from search engine links including the search engine address and the search term used. All of these are through cookies.

  • Your internet protocol (IP) address, the browser type and version with plug-in types and version, the type of device you use to access my website and the operating system and internet services providers used.

How is personal data used?

Our use of personal data will always have a lawful basis as it is required for us to fulfil a contract with you, because you have consented to us using personal data, or because it is in my legitimate interest. Your data may be used as follows:

  • So we can supply you with the best possible service

  • So that, if required, we can personalise and tailor our services for you and your experience within those services

  • Replying to emails and enquiries from you

  • We may publish your image for commercial or promotional purposes on social media, blog posts, print publications or on our website etc

  • For market research

  • With your permission and/or where permitted by law, for customer relationship management or marketing purposes, we may contact you by email, electronic message, telephone, text message and/or post with information, news and offers relating to our services. We will not send you any uninvited marketing or spam and will take all reasonable steps to ensure that we fully protect your rights by complying with my obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003

  • Technical data collected regarding your visit to my website to improve our website functionality and content for users and their devices.

Where is personal data stored?

Personal data will only be held on safeguarded applications and by organisations that are GDPR compliant:

  • We use GMail for all email correspondence. Their GDPR policy can be found here. Often email correspondence is accessed using Apple iOS. Their privacy policy can be found here.

  • Your image data may be stored within servers administered by Pixieset and within servers administered by WeTransfer. The formers privacy policy can be found here and the latter here.

  • Squarespace hosts our website so contact form submissions via my website, which include personal data, will be stored on their servers. Their privacy policy can be found here.

  • We do not collect or store any financial or credit card details. The privacy policies of the applicable payment provider are readily available via their websites.

Will we share your personal data?

Only with your express permission to do so will we share your data with others.

We may sometimes contract with third parties within the European Economic Area (EEA) to supply products and services to you on our behalf. This might include payment processing, delivery of goods, outsourcing, advertising and marketing. We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, our obligations, and the obligations of the third party under the law should third parties require access to some or all of your data for the afore mentioned products and/or services.

Unless you explicitly give us permission, personal data will not be transferred or distributed outside the EEA by us. Should a client ask for personal data to be transferred outside the EEA, we cannot guarantee that your privacy rights are sufficiently protected and the client accepts responsibility.

In some instances we may be legally required to share personal data that we hold which, for example, could include where we are involved in legal proceedings, where we are complying with legal requirements, a court order, or a governmental authority.

Our website may include links to third-party websites and clicking on these may allow third parties to collect or share data about you. We do not control these third-party websites and we are not responsible for their privacy statements, content or security. When you leave our website you should read the privacy notice of every website third-party website you may encounter.

How long will personal data be stored for?

When we collect or process your personal data, we will only keep it for as long as it is necessary for the purpose for which it was collected or as required by law and any relevant authorities. Following this retention period your data will either be deleted or anonymised so that it can be used in a non-identifiable way.

Here are examples of our client data retention periods following termination of a relationship or completion of a project:

  • Up to 7 years

    • Communications including emails, electronic messages, text messages, calendar entries and contact details

    • Financial and transaction data

    • Contracts

  • In perpetuity (unless asked to delete)

    • Images and image collections

Personal data security

The security of you data is very important and to protect your data we have taken suitable measures to safeguard and secure it as follows:

  • All devices that have potential access to personal data are password protected, including desktop computers, laptops, mobiles and tablets

  • Personal data will only be held on safeguarded applications and by organisations that are GDPR compliant

  • Access to personal data is limited to only those agents, contractors and other third parties who need to know for business purposes and will only process personal data under our and/or your instructions

  • Procedures to deal with any suspected personal data breach are in place. If we are legally required to do so, you and any applicable regulator will be notified in the event of a data breach.

Your rights in relation to personal data

The following is provided as an overview of your rights under the GDPR. You have the right to:

  • Be informed about our collection and use of personal data

  • Request access to the personal data we hold about you and/or your employees

  • The correction of your personal data if any we hold about you/your employees is not accurate or not complete

  • Request the deletion of any personal data we hold about you/your employees in specific circumstances, for example, when you withdraw your consent or object and we have no legitimate overriding interest, or once the purpose for which we hold the data has come to an end (NB. we hold some personal data, such as images, securely until or unless we are asked to delete them). If you would like any of your personal data deleted, whether it be in image form or otherwise, please contact us (NB. deletion of certain personal data, such as images, may negatively impact the service we are capable of providing

  • Restrict the processing of your personal data in specific circumstances (NB. we are still able to keep your information but we won’t use your data in the future in the way that you have chosen to restricted its use).

  • Request a copy of the personal data we hold of you/your employees to transfer to another service or organisation

  • To object to us using personal data for particular purposes

Changes to our Privacy Policy

Any changes to our Privacy Policy will be made here and it is your responsibility to ensure you are aware of updates or changes. 

Complaints

If you have any reason to complain about the use of your personal data please contact us. Your complaint will always be taken seriously and comprehensively investigated.

Should you remain unsatisfied by our response to your complaint you should contact the Office of the Information Commissioner here.

Non-acceptance

If you do not accept and agree with our Privacy Policy you must urgently contact us and any personal data of yours that we hold will be deleted.