1) INTRODUCTION
A contract is formed between a client (referred to as the “client”) and Telling’s Tails Photography (referred to as the “photographer”) when an order is received from the client. An order may be in written, verbal or electronic form. The product or service shall mean any product or service that is provided by the photographer to the client. These conditions do not affect your statutory rights.
2) SUPPLY
The photographer agrees to supply the product(s) or service(s) to the client as detailed in the order and according to the terms and conditions of this contract. It is agreed that the terms set out in this document is the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
3) RIGHTS RESERVED
Should the photographer choose not to enforce any or all of these conditions it should not be interpreted as a waiver of any of the photographer’s rights. By providing the photographer with an order the client accepts these terms and conditions.
4) HEALTH AND SAFETY
The photographer and client will act in accordance with all relevant health and safety requirements in order to provide the product(s) or service(s).
5) LOCATIONS
The photographer is limited by the rules and guidelines of the location(s) and site management. The client agrees to accept the technical results of their imposition on the photographer.
5) CREATIVE BRIEF
Unless otherwise agreed the client accepts the photographer’s decisions on creativity within the product(s) or service(s). The photographer shall have complete artistic license with regard to scenes, poses, locations, editing and production as applicable and the photographer’s judgment shall be final. Due to weather limitations and/ or willingness of subjects it may not be possible to capture all the images requested.
The photographer is not liable to deliver every image taken at the session. The determination of images delivered to the client is left to the discretion of the photographer.
6) PAYMENT
The session fee is payable on booking. Title in the goods or services shall remain with the photographer until full payment is received unless otherwise stipulated in the order.
7) CANCELLATION
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control. The client may cancel the order only in writing on any date prior to the date of the event.
Should the cancelled appointment turn out to be a postponement, then, subject to the photographers availability, all monies paid may be applied to the new appointment. If the appointment has to be cancelled by the photographer due to adverse weather conditions a new, mutually agreed appointment will be made.
8) STANDARDS/ EXCLUSIONS
The photographer shall endeavour to provide a pleasing colour balance, but cannot guarantee exact colour matching due to lighting conditions on the day and other variables beyond the photographer’s control. It is sometimes impossible to record the exact colour as seen by the human eye.
9) FINAL IMAGES
Final images are individually edited at the full discretion of the photographer. The photographer will edit photos for colour correction, exposure and basic retouches. Extensive editing, retouching, digital manipulation and artist finishing is available to the client as an optional extra.
10) COPYRIGHT / INTELLECTUAL PROPERTY
The entire copyright and all similar rights throughout the world in all the material and ownership of all physical materials created by or for the photographer shall vest in and be retained by the photographer at all times. Upon payment in full of both the fee and expenses for an assignment the photographer grants to the client the right to use the licensed images on the express terms of the usage licence. No use may be made before payment in full without the photographer’s express agreement in writing.
Usage of the licensed images is limited to use of such images as provided by the photographer and the client shall not manipulate any licensed photograph or make use of only part of any individual image without the prior written permission of the photographer.
11) DISPLAY
The client hereby allows the photographer to make reasonable use of any images included in this contract for display purposes in their studio, portfolios, literature or advertising.
12) LIABILITY
The photographer accepts no liability for any loss or damage that may arise from the supply of the product(s) or service(s) and shall not be responsible for non-fulfilment of the contract if restricted by unreasonable limitations. In the unlikely event of a total photographic failure or cancellation of this contract in any other circumstance liability shall be limited to the total value of the contract. The photographer shall not be liable for indirect or consequential loss.
13) FORCE MAJEURE
Every effort will be made to carry out the contract but its due performance is subject to alteration or cancellation by the photographers owing to any cause beyond their control (eg acts of God, change in legislation, floods, fire, computer failure, etc). In the unlikely event of total photographic failure or cancellation of this contract by the photographers, liability shall be limited to a full refund of all monies paid.
14) VOUCHERS
Only one voucher or offer can be used per session or against products arising from that session.
15) STORAGE OF IMAGES
A private online photo gallery will be created from the client’s images which will remain live for two weeks once the client has been notified. Original digital images are kept on an active file for three months, after which time they will be subject to deletion without notice unless expressly stated otherwise by the photographer.
The client acknowledges that the photographer does not maintain archives of images and footage after delivering requested images and other goods to the clients. It is the client’s sole responsibility to request any desired prints, products or files within 14 days of notification.
16) RIGHT OF ASSIGNMENT
The photographer retains the right to assign the supply of the product(s) or service(s) to the client to another suitable photographer should they be unable to complete these terms and conditions.
17) CARE AND DAMAGE TO CLIENT PROPERTY
Whilst every care is taken in the handling of the client’s property, the photographer accepts no responsibility whatsoever for any loss or damage, howsoever caused, or any loss by unforeseen circumstances whilst they are in the custody of the photographer. Liability for such loss or damage will be limited to the replacement cost of these materials or media and in no circumstances will any liability attach to any claim for the value of the content.
18) EXPENSES
The photographer retains the right to charge out-of-pocket expenses incurred in providing the product(s) or service(s) subject to being able to provide the client with proof of expenditure. All out-of-pocket expenses will be charged at cost.
19) CONFIDENTIALITY
Unless otherwise agreed the photographer will treat any information gained during the supply of the product(s) or service(s) as being private and confidential. Likewise, the client shall keep confidential any methodologies and technology used by the photographer to supply the product(s) or service(s).
20) BASIS OF LAW
These terms and conditions and any accompanying letter and/ or contract are governed by the laws of the United Kingdom.
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