Terms and Conditions

1. Definitions

• “Client” means the party commissioning Von Dirk Design.
• “Photographs” refers to all visual materials created by Von Dirk Design, including digital files, prints, and other visual content.
• “Designs” means original graphic design work, including but not limited to logos, branding materials, digital graphics, and visual identity systems.
• “Illustrations” means original artistic works created manually or digitally, including character designs, conceptual artwork, technical illustrations, and custom graphic elements.
• “Fees” are the charges outlined in the project estimate.
• “Expenses” are additional costs necessary to produce the project.
• “Estimate” is the document detailing project fees, expenses, and usage rights.
• “Usage Licence” specifies the reproduction rights granted for the Photographs, Designs, and Illustrations.

2. Copyright and Ownership

• Von Dirk Design retains full copyright and ownership of all created visual materials worldwide.
• Fees are based on a specific Usage Licence detailed in the Estimate.
• No usage rights are granted without a written Usage Licence.
• Any changes to the Usage Licence must be negotiated directly with Von Dirk Design.
• The Usage Licence is granted exclusively for the specified period, except for Von Dirk Design’s self-promotional purposes.
• Electronic files must be deleted at the end of the agreed usage period.

3. Usage Rights

• Usage Licence becomes effective upon full payment of the invoice.
• Usage period starts from the first use or 6 months after the shoot date, whichever is sooner.
• No Photographs may be used before full payment without express permission.
• Permission for use can be revoked if full payment is not received or if the client faces financial difficulties.
• Additional fees may be required for usage beyond the original licence.
• All usage estimates are valid for 6 months from the estimate date.
• Unauthorized use will result in additional usage fees.
• Von Dirk Design retains the right to use and licence the Photographs after the exclusivity period.

4. Client Responsibilities

• The Client is responsible for obtaining clearances for:
  • Third-party copyright
  • Trademarks
  • Designs
  • Other intellectual property
• The Client will indemnify Von Dirk Design against any expenses, damages, claims, or legal costs arising from failure to obtain necessary clearances.

5. Payment Terms

• All quotes include a 10% contingency budget.
• Prices are exclusive of VAT.
• Payment terms are 30 days from the invoice date.
• Fees for usage rights are payable regardless of whether the images are used.

6. Additional Expenses

• Extra expenses incurred due to client-requested changes or brief alterations will be billed at an additional cost.

7. Shoot Acceptance

• If the Client is not present during the shoot, Von Dirk’s interpretation of the brief is deemed acceptable.
• No right to reject based on style or composition unless agreed in writing.

8. Cancellation and Rescheduling

• Shoots of two days or less: 100% of fees plus expenses if cancelled with less than two days’ notice.
• Shoots over two days: 100% of fees plus expenses if cancelled with less than five working days’ notice.

9. Credit

• Von Dirk Design must be credited on all editorial uses and as specified in the Estimate.

10. Liability Limitation

• Von Dirk Design’s liability is limited to agreed professional fees.
• No liability for:
  • Loss of profit
  • Loss of contracts
  • Loss of business or revenue
  • Indirect or consequential losses

11. Third-Party Suppliers

• Third-party supplier bookings are subject to their individual terms.
• Model fee estimates cover specified modelling time and usage.
• The client is responsible for contacting models/agents for additional usage.

12. Confidentiality

• The client is responsible for arranging confidentiality agreements with Von Dirk Design and any third parties.
• Von Dirk Design is not liable for confidentiality breaches by third parties.

13. Governing Law

• These terms are governed by UK law.
• Exclusive jurisdiction is with UK Courts.

14. Amendments

• These terms can only be varied by written agreement.

Von Dirk Design

Owned and operated by Dereck Johnson

Contact: support@vondirk.co.uk