For the purpose of this agreement the following definitions will apply.
a) "the Photographer" shall mean Trade Secret Photography trading with Abi Moore.
b) "the Client(s)" shall be those persons defined in the booking.
c) “Photographs” shall mean all photographic material furnished by the photographer, whether transparencies, negatives, prints or other type of physical or electronic material.
d) “Booking(s)” or “Appointment(s)” shall mean the confirmed date and time that the Photographer has agreed to work with the Client(s).
e) “Booking Fee” shall mean a non-refundable amount that is required at the time of Booking in order to secure the Appointment.
f) “Reproduction” shall mean any form of publication or copying of the whole or part of any Photographs whether altered or not and whether by printing, photography, slide projection, electronic or mechanical reproduction, use as an artist’s reference or illustration or in a presentation or layout (list is representative, not exhaustive).
g) “Minors” shall be defined as anyone under the age of 18. The following terms set out the total agreement made between both parties and no variation or modification of this contract shall be effective unless agreed by both parties in writing.
a) The Copyright, Designs and Patents Act 1988 assigns the copyright of the Photographs to the Photographer.
b) Any Photographs or copies of Photographs whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such Photographs are protected by the Copyright, Designs and Patents Act 1988.
c) It is contrary to the Act to copy or allow to be copied photographically or electronically or by any other means a Photograph created as part of this contract without the express permission of the Photographer in writing.
3. USAGE AND DISPLAY
a) The Client(s) hereby allow the Photographer to display any Photograph covered by this contract during general promotion of the business in mediums such as (but not limited to) studio displays, advertising, brochures, magazine articles, websites, social media and sample albums.
b) Wherever possible the Photographer will seek to gain the Client(s) further consent before doing so.
c) If the Photographer is unable to contact the Client(s) within a reasonable amount of attempts/time, the Photographer will take the contract signed by the Client(s) as consent instead.
4. CLIENT CONFIDENTIALITY
a) The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to them in confidence for the purposes of the Booking, save as may be reasonably necessary to enable the Photographer to carry out their obligations in relation to the Appointment.
b) The Client(s) agree that the Photographer may contact them from time to time within reason. This may include (but is not limited to) updating on the progress of an order, confirmation of Booking, Booking reminders and notification of any special offers or other news that the Photographer deems to be relevant to the Client(s).
a) A non-refundable Booking Fee of £50 is required to be submitted on the day that the Booking is confirmed in order to secure the date and time.
b) The full payment of the remaining balance will be due on the day of the Appointment and will be accepted by credit/debit card or cash only.
c) Any discounts or special offers must be confirmed at the time of the original Booking and the Photographer reserves the right to cancel/withdraw these at any time.
d) The Photographer will not be able to retroactively apply any discounts or special offers that are released after the Booking has been made.
e) The Client(s) agree that once the Booking Fee has been paid to the Photographer, this will be accepted as confirmation that the Client(s) accepts the total amount payable and will be liable to pay this on the day of the Appointment.
6. BOOKING FEE AND CANCELLATIONS
a) A non-refundable Booking Fee of £50 is considered full acceptance of the terms and conditions as published on the Photographer’s website and secures the time and services of the Photographer for the Booking.
b) This is strictly non-refundable or transferable in the event of cancellation.
c) The Booking Fee will be deducted from the cost of the total amount payable. Payment in full of the remaining balance will be due on the day of the Appointment and will be accepted by credit/debit card or cash only.
d) The Photographer will, at their discretion and dependent on availability, rearrange a Booking a maximum of two times in the case of (but not limited to) illness, injury or other unforeseen incidents. Further cancellation after this point means that the Client(s) accept that they forfeit the Booking Fee to compensate the Photographer for lost time.
e) A minimum of 24 hours notice is required for cancellation unless in exceptional circumstances, the definition of which remains at the Photographer’s sole discretion. Cancellation must be confirmed by the Client(s) as soon as possible either via the Photographer’s dedicated phone line or the Photographer’s email address. Failure to provide 24 hours notice will result in the forfeiture of the Booking Fee to compensate the Photographer for lost time.
7. BOOKING AND PAYMENT
a) The set price for each Appointment is £200 and this provides the Client(s) with: one hour with the Photographer (minimum 50 minute studio time), a minimum of 30 edited and retouched photographs to review online and five print and digital copies of the same five, chosen photographs.
b) All other prints and reorders made outside of this quote are liable to extra costs and the Client(s) accepts and agrees that this is the case.
c) The Photographer shall not be held responsible for the quality of any third party prints or products that the Client(s) should decide to purchase outside of this agreement.
d) The Photographer cannot be held responsible for any delays in deliveries caused by suppliers or the postal service.
e) All prices are subject to change at any point and without prior notice. It is the Client(s) responsibility to thoroughly inspect the Booking details before signing. Your statutory rights are not affected.
8. MINORS AND CONDUCT
a) All Minors must be accompanied to the Booking by a legal guardian and/or parent.
b) The Client(s) acknowledges that by signing the contract they have full rights as either a legal guardian and/or a parent to consent to Photographs being taken of the Minors.
c) A legal guardian and/or parent must be present to supervise at all times during Bookings concerning Minors. The Photographer accepts no responsibility for the welfare and protection of Minors if left unattended by a legal guardian and/or parent.
d) The Photographer will take all reasonable steps to provide a safe environment for Minors, but will not be held responsible for any incidents that occur during lapses in supervision of Minors.
e) Sole responsibility for the wellbeing of Minors rests with the legal guardian and/or parent and any concerns must be raised immediately with the Photographer who will take reasonable steps to address these wherever possible.
f) The Photographer reserves the right to refuse to continue with the Booking at any time. The Client(s) is responsible for the behaviour and conduct of anyone else included in the Booking and any damage to the studio or equipment will be repaired at the Client(s) expense. This is applicable whether the Photographer is present in the studio at the time or not.
g) Should the Photographer cancel the Booking due to any misconduct or practices deemed to be unsafe, this will result in forfeiture of the Booking Fee to the Photographer.
h) There is a strict no shoes and no socks rule during the Appointment. The Client(s) are strictly required to adhere to this when instructed by the Photographer. Any conditions or other issues that may prevent this must be raised as soon as possible beforehand.
9. ELECTRONIC MANIPULATION AND RETOUCHING
a) Manipulation of the Photographs or use of only a portion of the Photograph by the Client(s) may only take place with the written permission of the Photographer.
b) All images will be adjusted for exposure, brightness, contrast and sharpness amongst other things and the Photographer’s judgement regarding these corrections and the number of images put forward to the Client(s) for preview shall be deemed correct.
10. FORCE MAJEURE OR ACT OF GOD
a) All equipment is checked and maintained regularly by the Photographer and reasonable steps are taken to ensure backup equipment is available in the case of a technical failure.
b) The Photographer will not be held responsible for any alterations or cancellations that may occur as a result of events that are beyond their control including but not limited to technical failure, severe weather conditions and incapacitation or illness of the Photographer.
11. LIMITATION OF LIABILITY
a) In the unlikely event of a total photographic 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.
12. PERSONAL ACCIDENT
a) Any directions issued to the Client(s) during the Booking are deemed to be at the risk of the Client(s). The Photographer cannot be held responsible for any personal accidents that may occur during a Booking.
b) The Client(s) must let the Photographer know at the earliest opportunity of any pre-existing injuries or conditions that may need to be taken into consideration during the Booking.
13. APPLICABLE LAW
This agreement shall be governed by the laws of England & Wales
These Terms and Conditions shall not be varied except by agreement in writing.
Trade Secret, Unit 6, Twyford Mill, Adderbury, OX17 3SX Tel: 01295 810414