1. Entire Agreement. This Agreement incorporates the entire understanding between the Photographer and the Client. Any modifications of this Agreement must be in writing and agreed by both parties. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
2. Event arrangement. The details of the event are to be agreed beforehand in writing or email. The Photographer must be notified immediately of any changes in schedule or location, at least 24 hours prior to the scheduled date of event.
3. Booking fee and Payment. A booking fee of 50% is due with the submission of this booking form or no later than three days thereafter. The remaining balance is payable in full after the delivery of the photos or no later than seven days thereafter.. Failure to do so may result in a late fee.
4. Cancellation. On signing of this Agreement by both parties, the Photographer will reserve the time agreed upon and will not make another reservation for the specific time frame. For this reason, all booking fees are non-refundable even if the event is cancelled for any reason.
5. Shooting time. The Client and the Photographer agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time.
6. Copyright and Reproductions. The Photographer owns the copyright for all images created. The Client hereby accepts that the Photographer may display any photograph covered by this Agreement for non-commercial, non-publication purposes to promote the Photographer’s work, including promotional cards and personal portfolio.
7. Client’s Usage. The Client has the exclusive rights to use the images for in-house advertising (printed or online), but not to pass on to any third parties as promotional material. The Client may not sell, rent, loan, sublicense, nor in any way transfer to any third party the images or the right to use them.
8. Additional Usage. If the Client wishes to make any additional uses of the photographs not covered in the initial agreement, the Client shall obtain written permission from the Photographer and make such payments as are agreed to between the parties at that time.
9. Extra services. Any extra services such as prop hiring are chargeable. The Client and the Photographer shall agree on a fee beforehand, and this shall be added to the final invoice.
10. Garments, Props. The Photographer cannot be held responsible for damage to garments or props due to environmental events. The Client is responsible for any costs incurred in this manner.
11. Creative License. The images are edited at the Photographer’s discretion, and delivered images will not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the Photographer’s artistic standards.
12. Post production and editing. Post-processing of photos includes culling, colour correction, toning, removal of simple blemishes. Any additional retouching requested by the Client will be billed at £100 per hour. The Client may at no time alter the photos provided by the photographer except for additions of texts and cropping if necessary.
13. Images delivery. The culled and edited images will be delivered on a private gallery where the hi-res files can be downloaded. The turnaround time is usually under 10 working days, express turnaround is available for an additional fee.
14. Limit of liability. In the unlikely event that the Photographer is unable to perform their duties to the guidelines of this Agreement due to an injury, illness, act of God, or other cause beyond the control of both parties the Photographer will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event. This limitation on liability shall also apply in the unlikely event that photographic materials are damaged in processing, lost through camera or computer malfunction, or otherwise lost or damaged without fault on the part of the Photographer. 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.
15. Safety. The Photographer reserves the right to terminate coverage and leave the location of the event if the Photographer experiences inappropriate, threatening, hostile or offensive behaviour from person(s) at the event; or in the event that the safety of the Photographer is in question.
16. Responsibility. The Photographer is not responsible for compromised coverage due to causes beyond the control of the Photographer including but not limited to obtrusive guests, lateness of the Client, weather conditions, schedule complications, or restrictions of the locations. The Photographer will make the best effort to honour requests for specific photographs but is not accountable for failure to deliver images of any individuals or any objects at the event.
17. Right to cancel. The Client has the right to cancel this agreement within 14 days from the date of signing, and any booking fee paid will be returned.
18. Country of Jurisprudence. The Agreement is made under, and subject to, English Law.
