Terms & Conditions - Portraiture
Please read the following carefully.
Definitions:
The following definitions are used throughout the text of the Terms & Conditions.
'Photographer' means Adrian Hall Photography.
'Client' means any person(s) having entered into an agreement to hire the photographer's services and/or purchase products.
'Venue' means any location where this photography is to take place, including the clients home.
Copyright:
The Copyright Designs and Patents Acts assign the copyright of the images to the photographer. The Copyright is not transferable.
The client will not be allowed to use any images given to them for any commercial gain.
The photographer reserves the right to use and display any photograph to generally promote the business in advertising, brochures, magazine articles, web sites, sample albums and prints, venue and other vendor samples, and other such material.
General:
All printed material shall be subject to strict quality control. However, as printing materials (inks and paper) are subject to variation from batch to batch, it is understood that colour may not be identical over the whole range of colours within a print run. It is also understood that prints made at different times or in different sizes may be variable in colour balance.
All post processing is carried out on calibrated display equipment. The photographer shall not be responsible for any colour shifts or image degradation due to the use of non-calibrated display equipment being used.
All print and presentation sizes quoted are approximate.
The digital files shall remain the property of the photographer and shall be kept by them for not less than 12 months from the date of the session.
Should digital files be lost, damaged or destroyed the photographer's liability shall be limited to a refund of fees paid, but shall not include a refund for any goods already supplied or capable of supply at a quality deemed acceptable by the photographer. No refund will be due for any digital files lost, damaged, or destroyed after 12 months from the date of the session.
Venue:
It is the responsibility of the client to check what, if any, restrictions are in place at their chosen venue regarding photographic equipment usage. Where restrictions are in place the client must inform the photographer beforehand, allowing time to discuss and arrange alternative photographic opportunities.
Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs. Please note that certain colours do not reproduce exactly in print.
All images are taken with the available background. The photographer is prohibited from moving objects or performing any cosmetic duties. Performance of these duties is solely the responsibility of the client.
Payment:
A deposit of 20% of the whole cost (paid by cash or cheque) along with a completed booking form will confirm your booking. The deposit forms part of the total cost of your Package and is deducted when calculating the final balance due.
The deposit is not refundable once the booking has been confirmed by the photographer.
Payment for the balance is due in full NO LATER THAN 2 DAYS prior to the contracted date. Failure to do so will be considered as a termination of the booking, breach of contract and the photographer entitled to retain deposit and recover damages not less than the package price.
Title to all goods remains with Adrian Hall Photography until paid for in full by the client.
Cancellations/Alterations:
Any alterations made to the booking by the client once details have been confirmed must be notified to the photographer as soon as possible and in some circumstances the photographer may be unable to accommodate these alterations due to a conflict of commitments. Under these circumstances, the photographer shall not be liable to compensate the client in any way whatsoever.
In the event that the photographer cannot fulfil the contract, he may contact another photographer to attend your booking.
In the event of cancellation by the photographer, or in the unlikely event of total photographic failure (re-shoots may be arranged if practicable). The photographer's liability shall be limited to a full refund of any deposits and fees paid.
If the client should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation;
Cancellation after confirmation of the booking date and more than 5 days to go until the session date, the deposit.
Cancellation with less than 5 days to go until the session date, full price for the complete photographic coverage booked, but no charge for any optional extras (unless you were advised otherwise at the time of booking).
Where the photographer is able to rebook the date with an equivalent booking, then the cancellation fee may be reduced to the deposit only and any additional cancellation fees already paid may be refunded accordingly.
Orders/Delivery:
All images will be made available on the web site within 72 hours from the date of the session. A username and password will be e-mailed to the client. This username and password may be given to family/friends of the client for them to view/order prints.
All orders should be placed with the photographer before the end of a 12 month period starting at the session date unless otherwise agreed in writing. The photographer will not be liable for failure to produce any orders placed after this time.
Any pre-paid product credits (e.g. for prints) not utilised by the client within 24 months of the date of the session will lapse without value unless otherwise agreed in writing. Any product supplied will be at the sole discretion of the photographer and forwarded by standard Royal Mail to the last known address of the client.
Any alterations to orders must be notified either by phone or email and confirmed in writing (sent by Royal Mail special delivery) within three working days of the order being placed. The photographer will not be held liable for any costs incurred due to alterations to the order made by the client after this time. Email is not a reliable method of notification due to the unpredictable operation of message scanners. You MUST request and receive a confirmation by email if you choose to use this method.
Allow 28 days for delivery of orders.
The photographer must be notified either by telephone or email and confirmed in writing (sent by Royal Mail special delivery) within three working days of the client being in receipt of their order in the case of error, shortage or damage as mistakes cannot be rectified after this period.
Due to the nature of the product the photographer is unable to give exchanges or refunds. This does not affect your statutory rights.
Privacy:
The photographer may store your data on a private internal database. This data will not be made available to outside companies or individuals. Should you wish to have your data removed from the database, please advise in writing and retain your confirmation.
Governing Law:
Any contract made between the photographer and the client shall in all respects be governed by and construed in accordance with English Law and the parties hereto submit to jurisdiction of the English courts.
Insurance:
The photographer is fully covered by Public Liability and Indemnity Insurance. The policies are available to view beforehand, should the client wish.
The client is hereby advised to take out an insurance policy to cover any expenses in the event of cancellation.
Web site:
Images placed in password protected galleries within the web site are not available to the general public in the normal course of events. However it is impossible to prevent determined persons from accessing these galleries.
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