Mark Hardy Creative Terms and Conditions
Last Updated: October 2024
When using the services and products of Mark Hardy Creative, you agree to be legally bound by the following terms and conditions. These terms and conditions apply to all commissions and associated work undertaken by Mark Hardy. By confirming your commision by email, you agree to be bound by these Terms and Conditions, as amended from time to time.
In these terms and conditions, ‘Mark Hardy’, ‘his’ or ‘I’ refers to Mark Hardy Creative. In these terms and conditions, ‘Client’, ‘you’, ‘your’, or ‘vendor’ refers to the commissioning client, company, or person instructing or placing an order for any service to be carried out by Mark Hardy.
1. Pricing
Prices may be amended at any time. If I amend a price quoted to you, I will give you notice of such a change. Any price increases will not affect projects already confirmed, unless the scope of the project changes.
2. Copyright and Usage
All copyright and intellectual property rights to all works, images, and content produced remain exclusively owned by Mark Hardy. Usage rights for the commissioned content are granted for the sole and exclusive marketing use of the commissioning client, both online and in print, upon full payment of the agreed fee.
Third-party Use:
Content may not be shared or assigned to third parties, including vendors or other businesses, without prior written consent from Mark Hardy. An additional licensing fee applies per third party. All such fees must be paid before the content is shared. If content is released to third parties without permission, you will be liable for additional fees.
Social Media Usage:
All content used in public articles or online, including on social media, must credit Mark Hardy as the photographer unless otherwise agreed in writing.
3. Cancellations and Postponements
Cancellations or postponements must be notified by 5 pm on the day before the booked appointment. If notice is given after this time, the full instruction fee will be charged. All cancellation or postponement fees are due within 30 days of the raised invoice.
4. Site Readiness and Safety
It is your responsibility to ensure that the site is safe and ready for photography or videography. Mark Hardy reserves the right to cancel or leave any location deemed unsafe or unsuitable for the planned work. Any such cancellation due to these factors will incur the full quoted fee. Mark Hardy is not responsible for moving furniture or preparing the site, and all heavy items should be moved before the appointment.
Accidental Damage:
Mark Hardy takes all reasonable care when working on-site. However, you agree that Mark Hardy shall not be liable for any accidental damage to property, furnishings, or belongings unless such damage is caused by proven negligence. In any case, Mark Hardy’s liability for any damage shall be limited to the total fee of the commission. Any claims for damages must be raised within 24 hours of the shoot, and Mark Hardy reserves the right to assess any such claims before accepting liability.
5. Delivery of Content
Images and videos will be delivered within 7 working days after the final shoot, using email or a third-party service. Delays in delivery may occur due to unforeseen circumstances, and Mark Hardy is not liable for such delays.
6. Force Majeure and Cancellations by Mark Hardy
Mark Hardy reserves the right to cancel bookings at short notice due to extreme weather, traffic disruption, personal illness, or other external factors beyond control. In the event of cancellation due to these factors, Mark Hardy will endeavor to reschedule at the earliest available date.
Liability for Client-Incurred Costs:
Mark Hardy shall not be liable for any third-party costs incurred by the client in relation to the shoot (e.g., cleaners, decorators, or loss of earnings) in the event of cancellation or rescheduling. Clients are encouraged to schedule such services in coordination with confirmed booking dates to minimize disruption.
7. Rejection of Commissions
Mark Hardy reserves the right to reject any commission for any reason.
8. Changes to Terms
Terms and conditions may be updated from time to time. Clients will be notified of any changes via email when they enquire to book a new job.
9. Payment Terms
For regular clients, payment is due upon delivery of the final product. Payment must be received within the terms stated on the invoice. Late payments will be subject to interest as per the Late Payment of Commercial Debts Act 1998 (or at a rate of 8% above the Bank of England base rate where this Act does not apply).
10. Image Hosting and Delivery
All content is hosted online for a minimum of 60 days. Mark Hardy is not liable for any downtime of the hosting service but will provide alternative delivery methods if needed. All content is backed up for a period of up to 5 years after the shoot date.
11. Drone Operations
Drone photography services are offered at Mark Hardy’s discretion and subject to weather conditions, legal considerations, and safety assessments. If drone services cannot be provided, the client will be informed, and no discount will be given for other services unaffected by this.
12. Exclusivity
Mark Hardy operates as an independent service provider and is not exclusive to any one client unless explicitly agreed upon. No client may advertise Mark Hardy as providing exclusive services without a written agreement.
13. Marketing Use
Mark Hardy reserves the right to use any commissioned work for marketing purposes, unless specifically requested otherwise by the client in writing prior to the shoot.
14. Liability
Mark Hardy’s liability for any commissions undertaken is limited to the total fee paid for the relevant commission. Liability does not extend to any indirect or consequential loss, including loss of profit, business, additional expenses incurred by the client, or costs resulting from the cancellation or rescheduling of a booking. Mark Hardy’s total liability for any accidental damage to property, furnishings, or belongings shall not exceed the total commission fee.
21. Equipment Damage and Safety
While Mark Hardy takes utmost care in handling equipment and adhering to safety protocols, the client acknowledges that the nature of the work may involve large or sensitive equipment in confined spaces. You agree that Mark Hardy shall not be held liable for minor scuff marks or incidental contact that does not result in significant damage or require repair. It is your responsibility to inform Mark Hardy of any specific areas or items in the property that may require special handling or care.
22. Over-Shooting and Time Extensions
Mark Hardy will make every effort to adhere to the agreed shoot plan and timeline. If additional time is requested by the client on the day of the shoot, it will be charged at an hourly rate agreed in advance. Mark Hardy is not responsible for any delays caused by the client’s indecision, site readiness, or changes to the agreed shot list, and no refunds will be given for such delays.
23. Reshoots
In the event that the client is dissatisfied with the final images or videos, a reshoot may be offered at Mark Hardy’s discretion. Reshoots will only be provided where the dissatisfaction is due to technical faults (e.g., exposure, focus) rather than subjective preferences. Additional charges may apply for reshoots, particularly if the original brief was vague or incomplete.
24. Client’s Responsibility for Third Parties on Site
If third parties (e.g., stylists, vendors) are present on site during the shoot, it is the client’s responsibility to ensure they adhere to safety protocols and do not interfere with the work being carried out. Mark Hardy is not responsible for delays or issues arising from the presence of third parties unless explicitly instructed to coordinate with them in advance.
19. Client’s Responsibility for Third Parties on Site
It is your responsibility to inform any vendors, property owners, or occupants of these terms and conditions, ensuring they have read and accepted them before commissioning Mark Hardy.
20. Governing Law
These terms and conditions are governed by English law and are subject to the exclusive jurisdiction of the courts of England and Wales.
Last Updated: October 2024
These terms and conditions apply to all commissions from the date of the last update. Please ensure you have read the latest version before booking a new commission.
Please note: A copy of these Terms & Conditions can be sent via email upon request