TERMS AND CONDITIONS
In the following Terms and Conditions:
“Business”shall mean Gemerations Photography
“Client(s)”shall mean “You” the Parties to the Contract;
“Photographer(s)”shall mean Gemerations Photography
“Products” shall refer to digital images, canvas and other printed image formats
“Services”shall mean photoshoots to be carried out at the Photographer’s studio or in mobile locations, and any other Services agreed between the Client(s) and the Photographer(s) and set out in the Contract.
It is agreed that the following terms and the Contract set out the entire agreement made between the parties, and that no variation or modification of the contract shall be effective unless agreed by both parties in writing. Each party acknowledges that, in entering into the contract, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in the Contract and these Terms & Conditions.
When booking any photoshoot full payment is required via debit or credit card. This will be processed through the photographer’s website, which is hosted by Wix. The photographer shall confirm the booking via email, once the payment and booking form has been received.
For Photoshoot voucher codes, please enter your code in the ‘coupon code’ box at the checkout page.
The Client will receive any purchased digital images through their individual Wix gallery in the format of digital downloads.
The Client will order any chosen products via Wix Art Store
and the transaction will be completed online. The client will need to provide payment at the time of ordering their chosen products. Payment can be made by using all major bankcards.
The Client will receive any other products (canvas / printed images) direct to their home address once Wix Art Store has created and processed their order.
If for any reason you are running late for a photoshoot please me know as soon as you can (via text is fine). I appreciate that it can be difficult to get out of the house with a young family. If you are late to a photoshoot then I cannot guarantee you will get the full length of the photoshoot, as I may have other bookings scheduled afterward.
LICENSE AND COVERAGE
The Photographer(s) shall be granted artistic license in relation to the poses photographed and the props used. Although every effort will be made to comply with the Clients’ requirements, the Photographers’ judgement regarding the safety of poses, props and number of photographs taken shall be deemed correct and not subject to dispute.
The photographer has the artistic right to select and edit the images, in a way, which they see fit. The client does not have the right to demand to see or own specific images, which they feel, were taken but which they have not been provided with.
Whilst the Photographer(s) shall endeavour to fulfil the Clients’ requirements, the Photographer(s) cannot be held responsible for the behaviour of models during photoshoots or adverse conditions, which may delay the progress of the photoshoot, preventing the coverage of certain specified shots.
Any alterations made to this Contract by the Clients once details have been confirmed may only be made at the discretion of the Photographer(s) and should be agreed in writing. Where the Photographer(s) is unable to accommodate alternative arrangements (such as change of photoshoot date or location) the Photographer(s) are not liable to compensate the Client(s) in any way whatsoever.
USE AND DISPLAY OF IMAGES
The Clients hereby allow the Photographer(s) to display any images relating to the Contract and to generally promote the Business in the Photographer(s) portfolio and by means of advertising, publicity material, websites, exhibitions, competitions, magazine articles, and on social media, providing that the images are used lawfully and without damage to the Client(s). By signing this contract you consent to the use of such images. Images placed in password protected client galleries within the website are not available to the general public in the normal course of events. Other than via the password protected gallery the photographer(s) agree not to resell any image to a third party other than with prior written consent.
IMAGE AND REPRODUCTION
All print and presentation sizes quoted are approximate and subject to change at the discretion of the Photographer(s) and may be subject to slight variation. Whilst every effort will be made, the Photographer(s) cannot guarantee exact colour matching and is not held responsible for any colour variations, which may occur due to light and location variations.
Due to limitations of computer monitors and variations of computer operating systems, it is understood that images viewed via this method may appear differently according to the specification of each monitor/computer and that prints may not match images rendered on any particular computer monitor.
After the photoshoot the Photographer will process the images and get them ready for the client, please allow up to 14 working days for this. The Client will receive an email confirmation, with a link to their gallery once it is ready to view. The Photographer will professionally edit all photographs within the client gallery. All images will be supplied in a password protected gallery, where they can be viewed and then downloaded and products can be ordered and purchased.
All reorders shall be treated as an extension of the Contract and no responsibility for any error will be accepted unless orders are provided in writing.
All non-digital products are dealt with by a third party via Wix Art Stores and any issues are to be resolved directly with the third party. Digital images are provided by the photographer using a Wix gallery and problems accessing or downloading these images should be consulted directly with Wix.
Any negatives and/or digital files shall remain the sole property of the Photographer(s) at all times. The client has no right and no authority to sell or publish any of Gemerations Photography's images without express permission and without the photographer's copyright clearly visible on or beside the image. Any failure to clearly display the photographer's copyright in published material or online is punishable by law.
Non-digital products (canvas, prints etc) will be the property of the client once full payment has been received for their order.
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 and remain the copyright of The Photographer(s) at all times unless there is express written agreement to the contrary. 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 written permission of the Photographer(s).
In the unlikely event that the assigned Photographer is unable to undertake your booking due to unforeseen circumstances, Gemeration’s Photography reserves the right to appoint another suitable Photographer(s) to perform on our behalf to undertake the photography to his/her best ability.
INSURANCE & LIMITATION OF LIABILITY
The Photographer(s) will maintain Public Liability and Professional Indemnity insurance at all times. However, in the unlikely event of a 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 any indirect or consequential loss.
The due performance of this contract is subject to alteration or cancellation due to a Force Majeure Event. A Force Majeure Event means an event beyond the control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, and can include, without limitation, storms, floods, fires, civil commotion or civil unrest, failure of energy sources. For the avoidance of doubt, it does not include circumstances where the Photographer(s) is set up for the photo shoot but any of the Parties fail to attend.
CANCELLATION BY PHOTOGRAPHER
Where the Photographer(s) has to cancel the Event, due to circumstances beyond his/her control the full amount of the Photoshoot will be returned to the Client(s). Unless it is possible for a re-shoot to be arranged (if practicable) however, the Photographer(s) will not be responsible or liable for any additional costs incurred by the Client(s).
CANCELLATION BY CLIENT
Should the Client wish to cancel this photo shoot contract at any time, Notice of Cancellation must be given in writing highlighting the reason to the Photographer (s), as soon as possible either by email or letter.
Failure to give less than 24 hours notice of a cancellation may result in the photoshoot fee not being refunded. This decision will be purely down to the Photographer’s discretion, when they consider the reason for the cancellation. In a Cake Smash phootshoot, the photographer will have paid and ordered a cake to the value of £40; if the photographer cannot find another client to take up the booking, this £40 will not be refunded.
When a client provides sufficient notice of a cancellation (more than 24 hours), the Photographer will work with the client to try to arrange a reshoot. If this is not possible the Photographer will refund the full photoshoot fee.
All complaints should be raised by the Client directly to the Photographer in writing within 14 days of the occurrence which gives rise to the complaint. They should be sent to: Gemma Hampton, Greenways, Southwood Road, Beighton, Norwich, Norfolk, NR13 3AB or emailed to firstname.lastname@example.org. The Photographer will consider the complaint and shall provide a response to the Client within 14 days of receipt of the Complaint. In the unlikely event of an unresolved complaint the Client may request the Guild of Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.
Governing law and jurisdiction
The parties irrevocably agree any dispute arising out of this contract shall be governed and construed in accordance with English Law and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.
Terms and Conditions created by G.Hampton on 11/09/2018