This Agreement sets forth the terms and conditions under which Michal Budzik, trading as Creative MB Limited (herein "the Creator," "we," "us," or "our"), provides photography and videography services to the undersigned client (herein "the Client" or "you"), or their agency representative (herein "the Agency"). This document, along with the accompanying Estimate/Proposal, constitutes the entire agreement between the parties for the project described therein.
1. Definitions
"Creator": Refers to Michal Budzik, trading as Creative MB Limited, the provider of photography and videography services. "Client": The individual, company, or entity engaging the Creator's services and the licensee of the Work. "Agency": A representative acting on behalf of the Client, responsible for commissioning and agreeing to the project. "Assignment/Project": The specific commission for which the Creator is engaged, detailed in the Estimate/Proposal. "Estimate/Proposal": The document outlining the scope of work, services, fees, expenses, and proposed Usage Licence for a specific Assignment. "Work/Material": All photographic images, video footage, audio recordings, digital files, prints, and any other deliverables created by the Creator as part of the Assignment. "Usage Licence": The specific rights granted to the Client for the use of the Work, as detailed in the Estimate/Proposal and Clause 5. "Media": The medium in which the Work is reproduced, inserted, displayed, or placed by the Client (or Agency). "Usage Definitions" (for clarity in licensing): "Editorial Use": Publication of the Work in the Client's own editorial publication for the purpose of educating and/or conveying news, information, or fair comment opinion, which is available for sale to the general public and does not seek or accept sponsorship to, or in itself, promote a specific product, person, service, or company. "Publicity Use": Submission of the Work by the Client to an external editorial publication (whether print or electronic) for Editorial use only, where the Client (or Agency) is not paying for that use or placement. "Advertising Use": Payment for the placement of the Work on or in any media by the Client (or Agency). "Collateral Use": Appearance of the Work in or on a platform that the Client (or Agency) wholly controls and produces, such as a company website, annual report, brochure, or social media profile, intended to promote a commercial product, service, personality, or brand. "Public Display Use": Showing or displaying the Work in a Client-maintained space open to public viewing (e.g., corporate office, trade show, public event), where the Client (or Agency) is not purchasing Advertising space for placement of the Work within the media or location it appears. "Private Display Use": Showing or displaying the Work in a non-commercial, private space, closed to public viewing, and not promoting a commercial product, service, personality, or brand. "Point of Purchase" (POS) / Point of Sale Use: Inclusion of the Work in a non-paid placement print or electronic indoor display for the purpose of promoting a product, service, or corporation within a third-party retail space or Client location. "Packaging Use": Printing or displaying the Work on the packaging for a commercial or retail product. "Unlimited Use": Includes all Editorial, Publicity, Advertising, Collateral, Public Display, and Packaging uses of the Work as defined herein. "Consumer Use": Media in which the Work appears is directed toward and/or available to the general public. "Trade Use": Media in which the Work appears is directed toward specific industries, professions, or special interest groups for commercial, promotional, or Advertising purposes and is not available to the general public. "Print Media": All printed mediums excluding Packaging, OOH, and POS. "Web Media": All mediums accessible exclusively via an internet browser or internet-based software. "Electronic Media": All digital and Web mediums excluding Broadcast, TV, Packaging, OOH, and POS. "Out of Home" (OOH) Media: All paid placement displays viewable to the general public from any public or private space (e.g., billboards, public transport ads). "Broadcast Media": All network and subscription television and radio outlets.
2. Acceptance of Terms
2.1. The Client's (or Agency's) instruction to proceed with any Assignment, whether verbally, in writing, or by payment of an advance retainer, shall be deemed as full acceptance of these Terms and Conditions. 2.2. The Fees and Expenses detailed in the Estimate/Proposal are based on the Job Description provided by the Client (or Agency). 2.3. The Client (or Agency) is responsible for ensuring the presence of an authorised representative at the shoot to approve the Creator's interpretation of the brief. If a representative is not present, the Creator's artistic interpretation shall be deemed acceptable. 2.4. Estimates/Proposals are valid for 15 days from their date of issue.
3. Booking and Payment
3.1. A 50% advance retainer of the total estimated fee is required upon confirmation of the Assignment to initiate production and secure the booking. This retainer is non-refundable. 3.2. The remaining balance of the agreed fee, along with any agreed expenses and additional charges, is due within 30 days of the invoice date. 3.3. All invoices are payable within the stated timeframe. 3.4. The Creator reserves the right to charge interest on any overdue payments at a rate of 4% above the Bank of England base rate from the due date until the date payment is made in full, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. 3.5. Until full payment is received, no Usage Licence for the Work shall be granted, and no use of the Work is permitted.
4. Conduct of the Shoot
4.1. The shoot date(s) and times will be mutually agreed upon by both parties. 4.2. The Creator retains artistic licence regarding the poses, compositions, lighting, locations, and overall style of the Work. The Client shall not be entitled to reject the Work solely on the basis of style, composition, or artistic interpretation. 4.3. The Client is responsible for ensuring all necessary clearances, permissions, and releases (e.g., property releases for specific locations, model releases for individuals, permissions for third-party products/art) are obtained prior to the shoot. The Client (and/or Agency) shall indemnify and hold the Creator harmless against any and all liabilities, claims, damages, costs, and expenses, including reasonable legal fees, arising from the Client's (or Agency's) failure to obtain such clearances or the Client's (or Agency's) use of the Work.
5. Copyright and Usage Licence
5.1. The entire copyright in the Work created by the Creator, whether photographic images or video footage, and any associated materials shall remain the sole and exclusive property of the Creator at all times throughout the world, in accordance with the Copyright, Designs and Patents Act 1988. 5.2. Grant of any reproduction rights (Usage Licence) to the Client is conditioned upon receipt of payment in full from the Client (or Agency) for all related invoices. 5.3. Upon full payment, the Creator grants the Client a non-exclusive, non-transferable, revocable licence to use the specified Work solely for the purposes, territories, and duration explicitly outlined in the Estimate/Proposal. 5.4. Unless otherwise agreed in writing, the Usage Licence typically includes: * Use on the Client's own website and social media channels for self-promotion of their design work. * Use in the Client's portfolio and marketing materials (digital and print) directly related to the project photographed/filmed. 5.5. The Client is NOT permitted to: * Sublicense, sell, or distribute the Work to any third party (e.g., architects, builders, product manufacturers, other designers, or publications) without prior written agreement from the Creator and payment of additional licensing fees (cost-sharing agreement prior photo/ video session is available) * Alter, manipulate, or edit the Work in any way without the express written permission of the Creator. This includes, but is not limited to, applying filters, cropping (beyond minor adjustments for platform display), making colour corrections, or adding elements. * Claim authorship or copyright of the Work. * Use the Work for any purpose beyond the scope of the agreed Usage Licence. 5.6. The Creator retains the right to use the Work for the purpose of promoting their own work across all media, including but not limited to their website, social media, portfolio, and marketing materials.
6. Licensing of Images After the Commission & Third-Party Use
6.1. No Work may be reproduced, in whole or in part, by any means (including, but not limited to, slide projection, artist’s reference, illustration, layout, or presentation) without the Creator’s specific written permission. 6.2. The Client must inform the Creator of how and when any additional use of the Work (not covered in the initial Usage Licence) is intended. The Creator will then determine whether to grant a licence and, if so, under what terms and for an additional fee. 6.3. Unless a third party has been explicitly included and their usage specified in the initial Estimate/Proposal, any third-party contractors, partners, or suppliers (e.g., product manufacturers, builders, other designers, magazines) must arrange their own licence directly with the Creator per image/video clip after the shoot. 6.4. The licence fee for third-party use will depend on the intended usage, duration, and territory. A Minimum Licence Fee of £150.00 per image (or equivalent for video clips, to be quoted) generally applies. 6.5. For corporations and product manufacturers with broader usage requirements (e.g., images shared with distributors across multiple countries or used without credit), additional tailored licensing fees will apply. Clients should enquire with the Creator to obtain a specific licensing agreement for such uses.
7. Right to Credit
7.1. The Creator (Photographer/Videographer) must be credited for all editorial usage, as well as in any other instances specified in the Estimate/Proposal or where reasonably possible.
7.2. For social media use, the correct credit must be:
Photography/Videography: @michalbudzik.com_
or
by @michalbudzik.com_
7.3. For printed materials and websites, the correct credit must be:
Photography / Videography : Michal Budzik
7.4. Failure to provide proper credit will result in the application of a 100% uplift to the standard licence fee, in addition to the applicable licence fee, as failure to credit the Creator constitutes a violation of their moral right to be identified as the author of the work under the Copyright, Designs and Patents Act 1988.
8. Deliverables and Turnaround Time
8.1. The Creator will deliver the Work in the format(s) and within the timeframe specified in the Estimate/Proposal. 8.2. Asset delivery typically varies from one week to fifteen days depending on the complexity of the project and the number of images/video clips, unless otherwise advised in the Estimate/Proposal. 8.3. Up to two (2) rounds of minor revisions for images and video edits will be included in the agreed fee, provided revision requests are made within 14 days of initial delivery. Further revisions or significant changes may incur additional charges at the Creator's standard hourly rate. 8.4. Any additional post-production or retouching requested by the Client (or Agency) beyond the scope of the Estimate/Proposal will be quoted on a case-by-case basis.
9. Cancellation, Postponement, and Weather
9.1. If the Client (or Agency) cancels or postpones an Assignment at any time after shoot confirmation, the Client (or Agency) shall pay all expenses incurred by the Creator up to the time of cancellation/postponement. 9.2. In addition to incurred expenses: * If a shoot is cancelled or postponed less than 7 days prior to the confirmed shoot day, a fee equal to 25% of all Creative and Licensing fees quoted will be payable. * If a shoot is cancelled or postponed less than 48 hours prior to the confirmed shoot day, a fee equal to 50% of all Creative and Licensing fees quoted will be payable. 9.3. If a shoot (particularly exterior architectural photography/videography) is postponed due to unsuitable weather conditions, the Client will be responsible for all Expenses incurred on the original weather-affected day(s), plus a Creator fee to be agreed upon for the rescheduled day(s). The Creator will make reasonable efforts to reschedule at the earliest mutually convenient date.
10. Travel
10.1. Travel expenses are covered for any shoots within 50 miles radius from RG12 8EL Post Code. 10.2. For locations beyond the above radius, travel is charged per mile at 40p per mile or at the final cost of alternative transportation (e.g., train, flight, ferry), if applicable. 10.3. If a job requires long travel that prevents shooting on the same day, the travel day will be charged at a half-day rate (as per the Estimate/Proposal), plus the cost of travel and accommodation if necessary.
11. Limitation of Liability
11.1. In the unlikely event of total photographic or videographic failure (e.g., due to equipment malfunction, data corruption, or force majeure events) or the Creator's inability to attend the shoot due to unforeseen circumstances (e.g., serious illness, accident), the Creator's liability shall be limited to a full refund of all monies paid by the Client for that specific Assignment. 11.2. The Creator shall not be liable for any indirect, consequential, or special damages arising from the Assignment, including but not limited to loss of profit, loss of business, or loss of goodwill. 11.3. The Client agrees to indemnify and hold harmless the Creator against any and all claims, liabilities, damages, costs, and expenses (including reasonable legal fees) arising from the Client's (or Agency's) use of the Work or breach of these Terms and Conditions.
12. Data Storage and Archiving
12.1. The Creator will retain copies of the final delivered Work for a period of 12 months from the date of delivery. After this period, the Creator is not obligated to retain or provide access to the Work. 12.2. It is the Client's responsibility to back up and safely store the delivered Work. The Creator recommends immediate backup upon receipt.
13. Force Majeure
13.1. Neither the Creator, Client, nor Agency shall be liable for any failure or delay in performing their obligations caused by any circumstances beyond reasonable control ("Force Majeure Event"), including but not limited to acts of God, epidemics, pandemics, floods, riots, fires, civil unrest, acts of war or terrorism, or failure of energy sources. 13.2. If a Force Majeure Event occurs, the affected party shall notify the other party promptly, and the parties shall use reasonable endeavours to find an alternative solution or reschedule the Assignment.
14. Governing Law and Jurisdiction
14.1. This Agreement shall be governed by and construed in accordance with the laws of England and Wales. 14.2. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
15. Severability
15.1. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of law, the remaining provisions shall remain in full force and effect.
16. Entire Agreement
16.1. These Terms and Conditions, together with the Estimate/Proposal, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior discussions, negotiations, and agreements, whether oral or written. No variation of this Agreement shall be effective unless it is in writing and signed by or on behalf of both parties.