Terms and Conditions
PHOTOGRAPHY AGREEMENT
This Agreement institutes an order for photography as agreed by both parties: Andrew Jackson (“the photographer”) and the contracting party (“the client”). It is mutually agreed that the Photographer shall provide services and/or goods as specified and that the client shall pay the amount due for the sold services and/or goods on the due date as described within this agreement.
CREATIVE LICENSE:
The photographer shall be granted creative and artistic license in relation to the choice of locations and poses used. The photographer’s judgment on photographic style and the number of photographs taken shall be deemed correct. Style and number of photographs are dependent on changes of the weather, time of year/day and availability of and willingness of subjects. The Photographer will endeavour to honour requested photographs but does not undertake to guarantee any specific photograph nor incorporate any specific background, location or group arrangement.
COPYRIGHT:
The photographer retains the entire copyright of the photographs at all times, throughout the world. Any images or copies of images whether stored digitally or otherwise on 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 (“The Act”). It is contrary to the Act to copy or allow copies of an images created as part of this agreement (whether in print form, electronically or by any other means) without the written permission of the photographer. The photographer grants the clients license to use the images for their agreed upon purpose only.
IMAGES:
The Photographer reserves the right to use the digital images for advertising, display, internet promotions, publications or other purposes. All images are nominal.
Although the photographer will endeavour to produce more images than is discussed with the client, there is no guarantee that any particular number of images will be produced. The photographer cannot guarantee exact colour matching due to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres. The client acknowledges that it is sometimes impossible to record the exact colour as seen by the human eye.
The client will not further edit any photographs either personally or via an outside source. This includes cropping, applying filters or passing to anyone else for retouching, unless discussed and agreed upon with the photographer.
USAGE:
This is different for every client and will be agreed on a case by case basis. Licence fees for usage are typically incorporated into the price and usually include social media and web use only. Any paid-for marketing, re-selling of images or use in newspapers/magazines/online articles etc. must be discussed ahead of final delivery and, usually, comes at extra cost based on circulation expectations.
RETOUCHING:
The photographer will perform retouching at his discretion. Further retouching, digital manipulation and artist finishing is available to the client at additional cost.
LIMITATION OF LIABILITY:
This agreement is subject to alteration or cancellation by the photographer owing to any cause/s beyond his reasonable control, including but not limited to an act of God, fire, war, road closure, total photographic failure, injury or sickness (“a Force Majeure Event”). The photographer’s liability in the case of a Force Majeure Event shall be limited to a full refund of any monies paid. This limitation on liability shall also apply in the event that the photographic materials are damaged in processing, lost through camera or computer malfunction, lost in the postal system, or otherwise lost or damaged. In the event that photographer fails to perform for any reason, the photographer shall not be liable for any amount in excess of monies already paid. Your statutory rights are not affected.
Neither party to this agreement shall be liable for indirect or consequential loss.
PAYMENT:
50% to be paid as a deposit to secure the booking, this is non-returnable. Remaining balance to be paid no later than the day of the date of the shoot.
CANCELLATION:
The client may cancel this agreement at any time by giving written notice to the photographer. In all instances, notification of cancellation will be effective on the date received by the photographer. If the client cancels for any reason within a period of 14 days from the date of the session, as compensation for loss of income for the photographer the following charges shall apply:
If cancelled within the final 2-week period leading up to the shoot then the full 100% of the fee will be forfeited by the client.
Should the client wish to postpone the portrait shoot then, subject to the photographer’s availability, any monies paid may be applied to the new date. In this case, the total fees chargeable shall be fees that apply at that time.
COMPLAINTS:
Any complaints should be raised by the client with the photographer in writing, within 28 days of first becoming aware of the matter to be complained of and in any event within 28 days of receipt of the images.