Gilmores Dog Photography
The following terms set out the agreement made between Gilmores Dog Photography, the Photographer and you, the Client and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
Booking Fee - A fee of £25 is payable at the time of booking and this secures the date and time for your photography experience with Gilmores Dog Photography. This is non-refundable nor transferable in the event of a cancellation by the Client. The date for a photo shoot is NOT confirmed until this fee payment is received and the date shall be made available to other clients in the meantime. Upon receipt of the fee payment, the Photographer will confirm the date and time of the shoot. In the event of a cancellation or postponement by the Client, the Photographer is entitled to retain the fee paid.
Payments and Prices - Prices stated are in Pounds Sterling (£). Payment of 50 per cent of the final balance is payable at the time of ordering and the final balance is due upon collection or prior to a completed order being despatched. The cost of delivery will be added to the order total. No images or parts of an order will be released prior to payment in full. When the shoot is more than 20 miles from the studio in CM9 6SSJ, travel costs will be charged at the Civil Service standard rate of 45 pence per mile. All prices are subject to change at any time and without prior notice. Payments are made via BACS and account details will be given upon booking. All late payments will be subject to a £10 administration charge. Payment may also be made in cash or by cheque, allowing due time for encashment of the cheque prior to the order or images being released.
Products – No products will be ordered or supplied to the Client until the Photographer has received payment in full. If your order includes the licence to print your digital images this can be done at any suitable photographic printers.
Copyright – This gives the Photographer the right to control the ways in which their images may be used. Under the UK Copyright, Designs & Patents Act, 1988, copyright in any photograph belongs to the Photographer. It is contrary to the Act to copy, publish, reproduce or store images electronically unless Gilmores Dog Photography has given you prior permission. If permission is granted, then transfer of the copyright commences only once payment for the digital images has been received. If no permission is granted, then the Photographer retains the copyright of the photographs at all times throughout the world. The Client may not (either personally or via a third party) alter, add to or manipulate a photograph captured by Gilmores Dog Photography by means of computer or any other technique or reproduce a photograph in whole or in part as an element within, or as a montage with, another photograph.
Licence and Coverage – This allows the Photographer to keep the Copyright in their work whilst giving their clients the freedom they need to use their photography in a range of contexts. For Commercial Clients, the licence specifies the precise circumstances under which photographs may be used, however, the one issued by Gilmores Dog Photography allows unlimited use on the Internet, in printed materials and across all media within the UK. The photographer shall be granted artistic license in relation to the poses and the location(s) used. Although every effort will be made to comply with the Client’s post-production decisions, such as images presented in black and white, or in a particular style. Whilst the Photographer shall endeavour to fulfil the Client’s requirements, they cannot be held responsible for adverse conditions, which may delay the progress of proceedings, preventing the coverage of certain specified shots. Any alterations made to this contract by the Client once details have been confirmed, may only be made at the discretion of the Photographer and should be agreed in writing.
Use of Images – The client hereby allows the Photographer to display any images relating to the contract and to use them to promote their business via advertising, publicity material, websites, exhibitions, competitions, magazine articles and other such media, providing that the images are used lawfully. By agreeing to the Terms & Conditions, the Client consents to the use of such images.
Images and Reproduction – All print and presentation sizes quoted are approximate and subject to change at the discretion of the Photographer and may be subject to slight variation. Whilst every effort will be made, the Photographer cannot guarantee exact colour matching and is not held responsible for any colour variations that may occur due to light and location variations. Owing to photo-chromatic anomalies caused by a combination of certain dyes and materials, especially in man made fibres, it is sometimes impossible to record on camera the exact colour of materials as perceived by the human eye. When processing images, the Photographer will endeavour to achieve a pleasing colour balance based on natural flesh tones. It is understood that some colours may not remain consistent throughout a set of photographs owing to variations in lighting conditions. It is also understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not be identical over the whole range within a subject. The colour balance of prints made at different times or in varying sizes may also be variable. Due to the limitations of computer monitors it is understood that images viewed by this method may appear differently according to the speciation of each monitor/computer and that prints will not match images rendered on any particular computer monitor. Where images are made available for use on a cd/dvd, reasonable steps are taken to ensure compatibility, but the Client acknowledges that some discs may not play on all cd/dvd players including those built into computers. Only quality branded cd’s and dvd’s are used and each is checked prior to delivery. However, it remains the responsibility of the Client to check for in-transit damage once they receive their disc. The Photographer cannot be held responsible for damage to equipment resulting from defective media.
Orders – A Client’s proofs will be made available within seven days after their photography experience and will be available to view for the following seven days and it is the responsibility of the Client to ensure they have viewed their images within this timescale, as they will be taken offline after this period of time has lapsed. Any orders should be placed within the next 48 hours before the Client’s images are archived. All products purchased are non-refundable due to the custom nature of the products. Incorrectly supplied items and items of poor quality should be returned with seven days of purchase and will be replaced at no extra charge to the Client.
Limitation of Liability – The Photographer will maintain public liability and professional indemnity insurance at all times. However, in the unlikely event of equipment failure or cancellation of this contract by either party or in any other circumstance, 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.
Cancellation – In the event that the Photographer or Client has to cancel a photography experience due to circumstances beyond their control, the session will be rescheduled for another date convenient to both parties. The Client needs to provide a minimum of seven days notice for a cancellation or the balance of the outstanding costs for their chosen package must be paid. In the event of cancellation by the Photographer, or in the unlikely event of photographic equipment failure, the Photographer’s liability shall be limited to a full refund of any fees paid. Re-shoots will be arranged if possible but the Photographer will not be responsible for further costs.
Health & Safety – Photo shoots may involve some physical activity and/or use of props, which is undertaken at the Client’s own risk. If the Client has children who have a history of medical problems, or dog(s) that have a history of behaviour problems, that need to be considered prior to the photo shoot, it is the Client’s responsibility to let the Photographer know well in advance. Whilst the Photographer will always ensure a safe environment for the photo shoot, it is the Client’s responsibility to ensure that all children or dogs are supervised and remain safe at all times to avoid danger caused by the misuse, handling or interference of equipment or the surroundings.
Force Majeure – The Photographer shall not be liable for any failure in the performance of any of her obligations caused by factors beyond her reasonable control. “Force Majeure” means an event, or a series of related events, that is outside the reasonable control of the party affected, including power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars.
Returns & Refunds – Once the Client’s products have been checked, delivered and signed for, no returns will be accepted, nor will any refunds be generated by the Photographer. All photographs supplied by the Photographer are produced to the highest standards using the highest quality materials and latest processing techniques. However, all photographs will, in time, fade. This is particularly true if they are left in bright sunlight and are not behind glass. The Photographer cannot accept any responsibility for this gradual image deterioration. Original digital images are kept on file for six months, after which time they will be deleted unless they are to be used for marketing purposes.
Complaints – All complaints should be raised by the Client directly to the Photographer in writing within seven days of the occurrence that gives rise to the complaint. The Photographer will consider the complaint and shall provide a response to the Client within seven days of receipt of the complaint. The decision of the Photographer shall be final and binding upon both parties.