Terms and Conditions.
( Applicable to all areas of Photography)
Terms and Conditions
I want your photography to be efficient and professional as far as possible and your needs understood and met. I have outlined below the terms of engagement that apply to the photography service I provide. Thank you.
|Accepting the Commission.
The commission will only be undertaken by the Photographer upon the Client and Photographer meeting or communicating before the date to discuss the Client’s requirements and a contract signed by the Client agreeing to these terms and conditions.
Co-operation of the client is paramount to the photography process. A brief will be required from the client on initial contact and the photographer requires access and involvement from the client during the shoot. If this is not forthcoming, the photographer will not be held liable for the end results and will expect payment for time taken during the shoot and admin process. The photographer will work as closely to the client’s brief but the resulting images are subjective and will reflect the photographer’s own style if the client’s guidance is not available.
|Deposits and Payment.
The Client shall make a non-refundable deposit of £60 to retain the Photographer to perform the services specified herein.
If the Client shall cancel this Agreement ninety (90) or more calendar days before the agreed date, 50% of deposit paid to the Photographer shall be refunded to the client within 30 days. If Client shall cancel within thirty (30) days of the date, the Client forfeits the deposit and no refund of the deposit is possible.
The Photographer shall be the exclusive professional photographer retained by the Client for the purpose of photographing on the agreed date. Staff may be asked not to use flash, as this is likely to interfere with the photographers end results.
Travel will be charged for mileage during the photographer’s preparations and on the day for any mileage incurred over 40 miles. The rate will be a standard rate that may vary accordingly. (To date mileage is £1/mile –April 17)
The client will be asked to make a choice of their images from an online gallery attached to the photographer’s website. The gallery will not be password protected unless specifically requested by the client.
|Photographer’s Standard Price List.
A price will have been quoted for the shoot on initial contact. There may be a discount dependant on wether your business is connected to a networking group or with a current promotion.
|Copyright and Reproductions.
The Photographer shall own the copyright in all images and photographic materials created and shall have the exclusive right to make reproductions. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, advertising, illustration, editorial use, or for display within or on the outside of the Photographer’s studio, including printed materials, media on the World Wide Web, and any current or future digital media. If the Photographer desires to make other uses, the Photographer may so without or with oral or written permission of the Client.
The Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer. If Client is obtaining a print for newspaper announcement of the wedding, Photographer authorizes Client to reproduce the print in this manner. In such event, Client shall request that the newspaper run a credit for the Photographer adjacent to the photograph, but shall have no liability if the newspaper refuses or omits to do so.
|Failure to Perform.
If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
Client is aware that colour dyes in photography may fade or discolour over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. Client is also aware that Photographer is not responsible for the quality of reprints made by the client.
If the Client is providing original prints, negatives, or transparencies, CD or DVDs owned by the Client to the Photographer for duplication, framing, reference, or any other purpose, in the event of loss or damage the Photographer shall not be liable for any amount.
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.
Client will be charged 100 percent fee and expenses for any required reshoot requested by the client, and are subject to all the terms and conditions of the Assignment Photography Contract (available on request).
Jude Gidney Photography 2009