TERMS AND CONDITIONS
Please carefully read the Terms & Conditions for the different 86th Floor Cosplay Photoshoot Services. Sorry for the all the legal stuff we just need to make sure everyone is clear!
AGREEMENT OVERVIEW This agreement contains the entire understanding between 86th Floor Cosplay and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties.
COPYRIGHT Photographs/images produced by 86th Floor Cosplay are protected by Copyright Law. The 1998 Copyright, Designs, and Patents Act (http://www.legislation.gov.uk/ukpga/1988/48/contents) assigns copyright to 86th Floor Cosplay. 86th Floor Cosplay asserts their statutory rights to be identified in the circumstances as set out in Sections 77-79 of the aforementioned act and any amendments or re-enactments thereof. 86th Floor Cosplay retains full copyright of all photographs at all times throughout the world. 86th Floor Cosplay retains the right in all cases to use any photographs in any manner at any time, anywhere in the world to advertise or promote their work.
Upon final payment by the CLIENT, the CLIENT is granted limited license to use and or display resulting images. Said images may not be altered or used in any manner outside what is prescribed in this document without prior written permission of 86th Floor Cosplay. The CLIENT must obtain written permission from and compensate 86th Floor Cosplay prior to the CLIENT, its associates, friends or relatives re-distributing or selling the photographs for any reason not prescribed in this document.
You may not copy the photographs taken under this contract, or allow copies to be made electronically, photographically, or by any other means without prior written consent of 86th Floor Cosplay.
SERVICE AGREEMENT We agree that 86th Floor Cosplay shall provide services to photograph and edit your photos to the best of our abilities in accordance with the package selected. Every effort will be made to assure your satisfaction according to industry standards. Any artistic interpretation by the photographer will be deemed acceptable and correct. Due to the nature of the business, all sales are final. Notification of dissatisfaction must be received in writing within one week of receipt of images in order to receive refund or replacement. We do all we can to ensure that you are satisfied with your images. We cannot be responsible for dissatisfaction due to circumstances beyond our control.
COOPERATION The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. 86th Floor Cosplay is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to 86th Floor Cosplay. 86th Floor Cosplay will have final judgment regarding style and input in the production of pictures.
MODEL RELEASE The CLIENT(s) & SUBJECT(s) hereby grant 86th Floor Cosplay, the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included for the promotion of its business and services, including editorial, trade, advertising and any other purpose and in any manner and medium.
COVERAGE The CLIENT(s) understands and accepts that the photographic and video coverage will be as our professional expertise determines and that not one photograph be deemed more important than another. Every effort will be made to comply with your wishes. Any additional requests not notified on this booking form must be made by the CLIENT in writing.
RETAINER & PAYMENT SCHEDULE: The CLIENT shall pay a £100 deposit when booking. This is A NON-REFUNDABLE RETAINER. In the event of CLIENT cancellation, the retainer paid is non-refundable, we will endeavor to reschedule however if this isn’t possible it shall be liquidated for any loss of earnings incurred for 86th Floor Cosplay. The CLIENT shall also be responsible for payment of any 86th Floor Cosplay materials/charges incurred up to the time of cancellation. The retainer shall be applied towards the total cost of the services rendered. The remaining charges are payable in full within 10 working days after the shoot.
RETOUCHING Retouching means correcting various elements in an image such as litter, distractions and minor physical flaws, (tired eyes, smoothing skin, removal of stray hairs etc) and adding in special effects, depending on the package purchased. 86th Floor Cosplay is granted total artistic control over the final image and the CLIENT understands that these are the steps 86th Floor Cosplay will take when referring to retouching.
LIMIT OF LIABILITY In the unlikely event that the photographer is injured or becomes too ill, or has an extreme emergency that prevents them from attending the shoot, 86th Floor Cosplay will make every effort to reschedule the shoot. If for whatever reason this is not possible, responsibility and liability is limited to the rescheduling, or return of all payments received for the package purchased. 86th Floor Cosplay takes the utmost care with respect to exposure, transportation, and processing the photographs and video. However, in the unlikely event that media is lost or destroyed for reasons within or beyond 86th Floor Cosplay’s control, 86th Floor Cosplay’s liability is limited to the return of all payments received for the shoot package.
CANCELLATION If 86th Floor Cosplay has to cancel the session for reasons beyond their control and the contract has to be completely cancelled their liability is limited to a full refund of all monies paid to us. Neither party shall be liable for any breach of its obligation resulting from causes beyond its reasonable control. Causes deemed to be beyond reasonable control shall include: Death or serious injury of a close family member; Injury to or illness of the Photographer personally. Each of the parties agrees to give notice immediately to the other upon becoming aware of an event of force majeure such notice to contain details of the circumstances giving rise to it.
LATENESS If the CLIENT(s) are late for the appointment but still within 15 minutes of the contracted start time, 86th Floor Cosplay will honour the booking but there will be no additional time allowed as standard.
Please note that by being late there will be a direct impact on the number and range of images taken during the session.
TRAVEL & ACCOMMODATION The CLIENT(s) agrees to pay all of the photographer’s travel and accommodation expenses unless agreement has been reached previously and decided by the CLIENT(s) and the photographer simultaneously.
DATA PROTECTION & PRIVACY POLICY 86th Floor Cosplay will not discuss, store or use any personal information about you other than the photographic images taken during photography sessions and your contact details (name, email, telephone number & address). 86th Floor Cosplay will not disclose any material or information communicated to them for the purposes of photography to any third parties. These details will not be made available to third parties. Should you wish to have your details removed from our database, please advise us in writing or via email.
86th Floor Cosplay will not display or share images or photographs of a minor under the age of 16 or anyone protected under the Protection of Vulnerable Groups Act (2007) without the express written consent of the parent or guardian. If you have any concerns, issue or complaint about any image or photograph on the 86th Floor Cosplay website (www.theeightysixthfloor.com), Facebook page (www.facebook.com/eightysixthfloor) or Instagram account (@86thfloorcosplay) please write to us directly at [email protected]. All requests for information; or any complaint will be responded to within 14 working days of receipt.
SOCIAL MEDIA AND PERSONAL WEBSITES The watermarked, web-sized digital images supplied as part of the photography packages are available for you to share electronically with family and friends provided that the watermark remains fully intact and visible. This includes social media sites such as Facebook, Instagram and Twitter. Family and friends are also welcome to share these images under these conditions.
All images used and shared on the internet should be credited to 86th Floor Cosplay. This includes any images purchased with print licenses.
