1. GENERAL
These Terms and Conditions constitute an agreement between the parties and supersede all previous agreements between the parties relating to its subject matter. No variation or agreed termination of these terms and conditions (or of any document referred to in it) shall be effective unless it is in writing. If any provision of this agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. A person who is not a party to this agreement shall not have any rights under or in connection with it.
This agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of England and Wales.
2. COPYRIGHT
The Photographer retains the entire copyright in the Photographs and Works at all times, throughout the World and where reproduction of Works has taken place and settlement has not been made, the Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988. The Client understands that no unedited images or RAW files will be released at any time.
Purchased art work is owned by you or whomever you gift it to, that being the medium on which the artwork is printed. Copying or reproduction of an artwork product is an infringement of our rights and is strictly prohibited.
3. USE
The Photographer retains the copyright of the images as described in section 2.
The License to Use permits the Client to use the Photographs and Works for any purpose relating to personal use provided that the client agrees that they will only publish and share the original images as provided by the Photographer and will not edit, filter or crop the photographs in any way. Images used on the Client's social media should carry the Photographer's watermark or name and contact details of the Photographer. Third party friends and family of the Client may share the images for personal social media use in their original form.
Digital images purchased by the Client have personal printing permissions. Clients may reproduce the images in print form for their own use, provided they do not re-edit the images. They must not resell or redistribute the photographs for financial gain.
Should a third party approach the Client to ask for Business use of the images, the Client must refer them to the Photographer. The Client does not own copyright and does not have the permission to agree to third party use. Permission to use the Photographs for other purposes other than Client's personal use, will normally be granted upon payment of a further fee to be mutually agreed. Where uses of an image are made which breach the Licence to Use further charges will be made. Any reproduction rights granted are by way of licence only and no partial or other assignment of copyright shall be implied.
The License to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission in writing.
Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date.
The licence only applies to the Client and product stated on the Licence to Use.
4. INDEMNITY
Commercial work: it is the Client who must satisfy himself/herself/itself that all necessary rights, model releases, clearances or consents which may be required for reproduction of people, places or items depicted within any Works are obtained. It is acknowledged that the Photographer gives no warranty or undertaking that any such rights, releases or consents are or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or Works of art depicted in any picture.
The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed in writing before the shoot. In all other cases the Client shall indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
The Photographer shall not be liable to the Client for any loss of profit, loss of contracts, loss of business or revenues, loss of production or for any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Photographer, Photographer’s employees, agents or sub-contractors or otherwise) which arise out of or in connection with the shoot.
The Photographer’s maximum aggregate liability for all losses, damages, costs, claims and expenses however or whenever arising out of or in connection with this Agreement shall in any event be limited to the total amount of the fees paid to the Photographer in relation to the relevant Assignment.
5. PAYMENT
A non-refundable booking fee is required to be paid by The Client to secure a photoshoot (refer to the type of shoot for the amount). No date will be reserved for The Client by The Photographer until the booking fee has been received. Any date discussed between The Client and The Photographer will be provisional until such time, and The Photographer reserves the right to accept other clients and work on that date until it is secured with the booking fee.
The remaining balance, including any additional agreed expenses, must be paid in full to The Photographer 48 hours before the photoshoot.
As per section 3 of this Agreement, these images will be subject to the same copyright agreement, the Photographer offers no License to Use any watermarked images, unless agreed in writing prior to use.
6. EXPENSES
All travel expenses incurred by The Photographer, above 40 miles single journey to a location session will be reimbursed by The Client at the going travel rate as per HMRC guidance on the day of the session. Where extra expenses or times are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise, The Client shall give approval to and be liable to such extra expenses or fees, in addition to the fees and expenses shown on the Estimate as having been agreed or estimated.
7. REJECTION & REFUNDS
Unless expressly agreed in writing between the Parties the Client shall not be entitled to reject the Works on the basis of style or composition. The Photographer makes no agreement, unless agreed beforehand in writing, to make any edits or amendments following sending the low resolution watermarked images to The Client.
In the instance The Client requests changes to The Photographs, it will be at The Photographers discretion and an additional fee shall be incurred. Due to the custom nature of custom product and commercial photography, digital files cannot be returned and all money paid is non-refundable.
8. CANCELLATION & POSTPONEMENT
A photoshoot booking date is considered confirmed and final as from the date of confirmation which will be the date at which the non-refundable booking fee is paid.
If The Client needs to cancel for any reason, the booking deposit will be retained by The Photographer. If a cancellation is made within 14 calendar days from the date of booking, a cancellation charge of 25% of the remaining fee will be charged to The Client. If The Client cancels within 48 hours of the booking date, the full fee will be chargeable.
If The Client would like to postpone or change the date of The Booking, this will be at the Photographers discretion and any change of data will be offered in good will. If alternative dates are offered by the Photographer and rejected by the Client, the Photographer retains the right to offer no further alternative dates.
We will make every reasonable attempt to hold the photoshoot at the agreed day and time. If we need to initiate a postponement then we will offer an alternative date or refund the fees paid up to that date.
9. THE PHOTO SHOOT
The licence only applies to the Client and product stated on the Licence to Use.
10. COMPLETION SCHEDULE
Gallery proofs will be made available within 14 working days of the photo shoot by the Photographer. Once the Client has selected their final images and paid for printed goods, they will be edited and sent to the Print Laboratories within 21 working days. The timescale of delivery of the products is not the responsibility of the Photographer, but the suppliers. The Photographer will inform the Client within 2 days of taking delivery of their products and a mutually agreeable collection time be arranged. A Client can pay for courier delivery if they prefer, but they must take out insurance to cover accidental damage or loss. The contract is between the Client and Courier and the Photographer takes no responsibility for damage or loss.
11. ELECTRONIC STORAGE & EDITING
The Client shall ensure that it takes appropriate steps to keep safe at least one, preferably more, exact digital copies of all Works supplied for the duration of the Usage Licence. The Photographer will not be responsible for archiving any Works unless by prior written agreement with the Client.
12. MARKETING CONSENT
The Photographer has the exclusive, perpetual and irrevocable right to take, use, re-use, publish and republish photographic materials from the photographic session for marketing purposes.
13. CONFIDENTIAL INFORMATION AND DATA PROTECTION
Each party shall comply with its relevant obligations under the Data Protection Act 1998 and associated codes of practice when processing personal data in connection with this contract.
15. FORCE MAJEURE
The Photographer shall not be liable for any failure or delay in the performance of any of such party’s obligations under this Agreement caused by any circumstances beyond such party’s reasonable control. If The Photographer is unable to perform this Contract due to illness, emergency, fire, casualty, strike, pandemic, act of God or causes beyond the control of the Photographer, the Photographer shall make every attempt to reschedule the session.
If a reschedule is unable to be agreed upon, the Photographer shall return the booking fee to you and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of the Photographer, liability shall be limited.
16. APPLICABLE LAW
This Agreement shall be governed by the Laws of England & Wales.
18. VARIATION
This Agreement shall not be varied except by these Terms and Conditions in writing.