Terms & Conditions
It is agreed that the terms set out is the total agreement made between the parties and that no variation or modification of this contract shall be effective unless both parties agree in writing.
The client understands and accepts that the photographic coverage will be as the photographers professional expertise determines and that no one photograph will be deemed more important than another. Special requests are not binding instruction, although every effort is made to comply with the client’s wishes.
If the photographer is incapacitated through ill health and is unable to meet his contractual obligations, all monies already paid will be refunded and he will assist where possible to find a replacement photographer.
The photographer will Endever to match colours where possible and will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres. It is sometimes impossible to record the exact colour as seen by the human eye.
Images Displayed on-line by the client
The client hereby agrees to only display online, the watermarked images supplied by the photographer.
The photographer/s shall be granted complete artistic licence including in relation to the poses photographed and the locations used. The photographer/s judgement regarding the location/poses and number of images taken will be final. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all of the images requested.
Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988. It is contrary to the Act to copy or allow to be copied photographically/electronically or by any other means, an image created as part of this contract without the permission of the photographer/s in writing.
Digital files remain the property of the photographer.
Frustrated Contract or Act of God
The due performance of this contract is subject to alteration or cancellation by either party owing to cause beyond their control.
The client hereby allows the photographer/s to display any images included in this contract in his studio, portfolio, on-line, literature, exhibitions and advertising. No use of the images will be made by the photographer for other commercial reason except with the written permission of the client.
The client may cancel this contract at any time by giving written notice to the photographer/s but in doing so shall forfeit monies paid.
Limitation of Liability
In the unlikely event of total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
Any complaints should be raised by the client with the photographer, in writing, within 28 days of receipt of the images.