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Terms & Conditions

1. GENERAL

This Agreement contains the entire understanding between the Photographer and the Client. It supersedes all prior and simultaneous agreements between the parties. Only those changes or modifications specifically placed in writing, attached, dated and signed by the Client and the Photographer at the time of acceptance of this contract shall be recognised as amendments to this contract.

This Agreement of the Photographer is the only terms and conditions applicable to the Photographs and the Works. 

Unless the Photographer is given prior written notice by the Client, the person placing or signing the order on behalf of the Client is deemed to be authorised to do so. When a Client’s policy is not to rely on email confirmations, hardcopy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law.

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.

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 business services, personal use or otherwise provided the Photographs and the Works are not edited. Third parties may use the images, Photographs and Works produced by the Photographer provided the Photographs and Works are not edited.

The License to Use comes into effect from the date of payment of the relevant invoice(s) and shall only apply to final images, not low resolution watermarked images. 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. 

Where restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee to be mutually agreed. A written agreement must be reached with the Photographer before the Photographs may be used for other purposes. 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. 

4. INDEMNITY

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 50% non-refundable booking fee is required to be paid by The Client to secure a photoshoot. No date will be reserved for The Client by The Photographer until the booking deposit 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 expenses already incurred by the Photographer, must be paid in full to The Photographer 2 weeks 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. Where a Client is a company and whether or not that company has gone into liquidation the individual directors will be responsible for all outstanding fees and costs in relation to the contract. 

6. EXPENSES

All reasonable ‘out of pocket’ expenses incurred by The Photographer as a result of carrying out the agreed work, will be reimbursed by The Client. 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 33% 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. 

9. SUPPLY TO THIRD PARTIES

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, they will be edited and sent to the Client via WeTransfer within 14 working days.

11. ELECTRONIC STORAGE & EDITING

Manipulation of the image or use of only a portion of the image may only take place with the written permission of the Photographer. Any images used on commercial websites or on social media promoting a business, must not be edited, manipulated or have filters added to change the look of the original delivered image in any way. 

The Client shall ensure that it takes appropriate steps to keep safe an exact digital copy 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. In the instance that the Photographer is creating imagery for services/products not yet launched, these images would not be shared until after the Client’s official launch or after a 12 month period from the date of photoshoot. 

13. LIGHTROOM PRESETS

If the Photographer has created a personalised Lightroom Preset for the Client, it is prohibited for the Client to sell, distribute, rent, give, sub-license, or otherwise transfer presets or give the right to use to anyone else.

14. CONFIDENTIAL INFORMATION AND DATA PROTECTION

While working for the Client, the Photographer may come across, or be given, Client information that is confidential. This is information like customer lists, business strategies, research & development notes, statistics about a website, and other information that is private. The Photographer promises to treat this information as if it is the Photographer’s own confidential information. 

It’s possible the Client and the Photographer each have access to confidential information that belongs to third parties. The Client and the Photographer each promise that it will not share with the other party confidential information that belongs to third parties, unless it is allowed to do so. If the Client or the Photographer is allowed to share confidential information with the other party and does so, the sharing party promises to tell the other party in writing of any special restrictions regarding that information.

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. USE OF INDEPENDENT CONTRACTOR

The Photographer is not liable for any application or services by any Independent Contractors.  This includes, but is not limited to, allergies as a result of use of the products by the Independent Contractor.  It is your responsibility to convey all allergies to the Independent Contractor.

17. 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.

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