TERMS AND CONDITIONS
1. Definitions
“The Photographer” meaning Amber Morahan. “The Client” meaning any person, body of persons, firm or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.
Acceptance of Terms and Conditions, all contracts and transactions between the Photographer and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Photographer and all or any of its Clients.
2. Copyright and Ownership
2.1 In accordance with the Copyright, Designs & Patents Act 1988, the copyright of all images created by the Photographer is owned by the Photographer. Unless the Photographer gives written authorisation, the Client is forbidden by law to copy any images created by the photographer and agrees that all photographic reprints, digital duplications or copies of any type made from images created by the Photographer shall only be carried out by the Photographer. The licence to reproduce such images is granted to the Client on the understanding that all invoices are paid within the Photographer’s stated payment terms.
2.2 Reproduction rights (if and when granted) are strictly limited to the use specified on the Photographer’s invoice and/or quotation. An agreement must be reached with the Photographer before the pictures are used for a different purpose or after the licence to use has expired. The Photographer reserves the right to charge an additional fee if the photographs are used for purposes other than what is shown on the Photographers invoice and/or quotation.
2.3 If the Client wishes to own the copyright of images created by the Photographer, an additional fee will be paid by the Client to the Photographer for transferring the copyright. This fee will be mutually agreed by both parties. The transfer of copyright will only become applicable after this payment has been made in full.
2.4 All original digital files created by the Photographer remain the property of the Photographer. The Photographer will ensure that all such materials are stored safely for the Client and make them available for future reproduction in return for the relevant fee.
3. Estimates
3.1 The Client will be provided an estimate of costs before work has begun, this does not equal to the final invoice costs and does not include any expenses.
4. Cancellation Fees / Overruns
4.1 If a booking is cancelled by the Client within one working day of the starting time, the Photographer reserves the right to charge her full fee for the assignment. If a booking is cancelled within two working days of the starting time, the Photographer may charge 50% of her fee.
5. Payment Terms
5.1 The services provided by the Photographer must be paid upon completion of the photo shoot. The Photographer holds the final imagery until full payment has been made.
5.2 Late payments incur a weekly 10% interest.
6. Return of Possessions
6.1 The Photographer reserves the right to retain all of the Clients materials in her possession until all monies owed to the Photographer have been paid in full. Furthermore, the licence to reproduce images created by the Photographer will also be revoked until payment has been made.
7. Fees and Expenses
7.1 A 50% deposit may be required to confirm your booking. If this is not paid in full your booking may be cancelled and you will remain liable for any costs incurred.
7.2 All prices quoted to the Client apply only to the original job description and specifications given to the Photographer by the Client. The Photographer reserves the right to make additional charges for fees and expenses should these descriptions or specifications differ or change before or during the assignment. Wherever possible, the Photographer shall endeavour to provide an indication of what these additional charges will be.
8. File Sizes and Colour Matching
8.1 Whilst every effort is made to meet the Client’s requirements, The Client must inform the Photographer on occasions where accurate file sizing is critical. Last minute changes, i.e after the shoot has completed, will be charged accordingly.
8.2 Colour Matching is done to the best possible eye and cannot meet all computer display profiles.
9. Product Handling
9.1 Delivery Shortages / Loss and Damage in Transit Claims for damage, non-delivery or shortages will not be considered unless notified in writing within seven days of delivery.
9.2 The Photographer will make reasonable endeavours to ensure that items delivered by a third party are suitably packaged for transit. The Photographer cannot accept liability for loss or damage caused by a third party. For valuable items, the Client should take out suitable insurance cover.
9.3 Product will remain at the Photographer’s possession until final payment has been received. All products must be arranged to be collected within the week from payment received. A weekly storage charge of £5 will incur otherwise. Otherwise, all items will be donated to charity.
10. Conduct
10.1 The Client shall be responsible for the behaviour of any persons accompanying them to an assignment. The Photographer reserves the right to terminate any assignment without notice if she deems the Clients behaviour to be unruly or unsafe. In such instances, the Photographer reserves the right to charge her full fees and expenses as described in clause 7 of these Terms and Conditions. The Client will fully reimburse the Photographer for any loss/damage they cause to property or equipment.
11. Services
11.1 The supply of services are provided by the Photographer on a best endeavours basis. The Photographer will not be liable for delays that are beyond her reasonable control. The Photographer shall use reasonable endeavours to meet agreed deadlines where applicable. The Photographer shall not be liable for any delays in meeting any of her obligations which were due to causes beyond her reasonable control including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit etc.
12. Prices & Terms
12.1 All prices shown within the Photographer’s quotation are subject to change without prior notice.
12.2 The Photographer reserves the right to amend these Terms and Conditions without prior notice.
13. Rush Services
13.1 The Photographer reserves the right make an additional charge should the Client request a rush service. This service is subject to availability and cannot be guaranteed.
14. Third Party Rights
14.1 Engagements of third party suppliers, including models, are subject to such terms and conditions as those parties may require which shall be made available by the Photographer on request.
14.2 Estimated model fees cover modelling time only and the Client shall be responsible for clearing model usage unless otherwise stated on the Estimate.
14.3 Items created specifically for the shoot shall remain the property of their creator unless agreed otherwise.
14.4 The Photographer shall not be responsible for obtaining any clearances in respect of third party copyright works, trade marks, designs or other intellectual property used in relation to the Assignment or any Usage Licence or extension thereof unless expressly agreed in writing prior to the shoot.
15. Reshoots
15.1 Additional work such as reshoots or retouching will also incur additional costs. Reshoots/Amendments requests must be made within 3 days of invoice date, otherwise, payment should be made.