Terms & CONDITIONS
Retainer and Payment
The Client shall make a non-refundable retainer in the amount of £50 for the Photographer to perform the services specified herein. Upon payment, the Photographer will reserve the time and date agreed upon by both parties. The Client agrees that this retainer is earned by the Photographer when paid, and is remitted in consideration of the experience, reputation, skill of the Photographer, and in consideration of the inability of the Photographer to schedule other clients during this time.
Payment for product orders shall be submitted to the Photographer within 5 days of gallery delivery, whether via online proofing service or in-person viewing.
Any payment plan Contract agreed to by the Photographer and the Client shall be included as an addendum to this Contract. A late payment fee shall be applied to the late payment amount in accordance with the payment plan Contract. No products shall be delivered until the entire amount is paid in full.
Cancellation
If the Client requests to amend or cancel this Contract 5 or more calendar days before the agreed upon photographic event date, the retainer shall be applied to a mutually agreed upon reschedule date. If the Client fails to show or cancels 3 or less calendar days before the agreed upon photographic event date, the retainer shall be forfeited.
Rescheduling/Late Arrivals.
In the event that the Client requests to reschedule a photographic event, the retainer shall be applied to a rescheduled event if notice is given at least 5 days prior to the scheduled event. Reschedule must be within the same calendar year. Any Client that is late arriving to the event will have the amount of time late deducted from the time allotted for the event. Clients shall not be compensated for the time deducted from the event due to late arrival of the Client.
Completion Schedule
Completion schedules and delivery of products shall be determined from the date of final approval by the Client. Third-party manufacturing laboratories are utilised for products and may provide restrictions on an order not outlined in this Contract.
Prints shall take 4 weeks from time of print order to be processed and delivered to the Client.
Albums shall take 5 weeks from date of final design approval by the Client to be received by the Photographer.
Canvases,Gallery Blocks,Metal Prints and etc. shall take 4 to 6 weeks from date of final approval by the Client.
The Client should place orders with sufficient time to allow for normal delays and notify the Photographer at the time of the order if there are any extenuating circumstances requiring a quicker turn around. An expedited fee shall be applied to expedited product requests. The Photographer shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.
Photographic Materials
All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. All orders must be placed within the outlined schedules within this Contract. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this Contract.
The Photographer shall make gallery proofs available through an online gallery proofing website. These proofs shall be available to the Client within 2-3 weeks of the photographic event. If an online proofing gallery delivered, it shall remain open for 14 days from delivery. If the Client requests to extend the time or reopen the online proofing gallery, a £10 un-archival fee shall apply.
Artistic Rights
The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Client shall receive a gallery of 10 to 20 photographs to select from and shall not receive any photographic materials not presented to the Client. The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control. Additional processing may be requested for £20 per file.
Copyright and Reproductions
The Photographer shall retain copyright ownership of all works created in the course of this Contract, including but not limited to all images in their original and processed formats. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the Photographer. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind.
Client Usage
The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this Contract. The Client’s prints are for personal use only and shall not be submitted to contests or reproduced for commercial use. The Client shall not make, or provide authorisation to a third-party to make, reproductions of works resulting from this Contract without express permission of the Photographer. Additional prints and/or digital files may be purchased between third-parties and the Photographer with the permission of the Client. Accordingly, if the Photographer provides a digital file print release, the Client must act in accordance with the release.
Social Media
The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links. The Client shall not copy, download, screenshot, or capture the photographs in any other fashion.
The Client hereby allows the Photographer to display any photographs taken at the Client’s session to promote business in advertising, brochures, social media, magazine article, website, sample albums or competitions and etc.
Failure to Perform. If the Photographer is unable to perform this Contract due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and the Client shall make every attempt to reschedule the photographic event. If a reschedule is unable to be agreed upon, the Photographer shall return the retainer to the Client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of the Photographer, liability shall be limited to cost of the contract. In no event shall Photographer be liable for any amount exceeding the cost of the contract.
Travel Expenses
If the Client’s requested photo session location requires any permit/entry fee/travel charges, it is the Client’s obligation to cover all these expenses for the Photographer. Hiring the Photographer to a destination abroad is the Client’s obligation to cover any photographer’s travel and accommodation expenses.
Gift Certificates
Gift Certificates are available upon request. All certificates must be used within 12 months from the issue date. It is only permissible to use for the person identified on the certificate. Gift certificates are non-refundable or cannot be exchanged.
Complaints.
The Client should first raise any complains with the Photographer in writing within 21 days from the date of images been received.
Governing Law.
This agreement shall be governed in accordance with the laws of England and Wales and Worldwide. This Contract’s terms and conditions are deemed to be accepted by booking the session with Airide Skra Photography.