General Terms & Conditions – Commercial Photography

Introduction

The contract is in force from when you pay your booking fee with the intention of paying Andrew Miller Photography for photographic assignments.  You are required to return the contract date and with a valid signature. Failure to return the signed contract does not, however, invalidate the contract nor absolve you from the acceptance of the Terms & Conditions laid out in it.

General Terms and Conditions

1. Client Details

Full Name
Trading Address
eMaill address
Office Number
Mobile Number
Company Number (if applicable)

2. Client Requirements for Photographic Services

Outline Scope of Work:
Where
What
When
Amount Payable, broken down into:
Booking Fee
Balance
(Detailed scope of Work is at Section 22)

3. Copyright:

The Intellectual Property (IP) remains in the ownership of the Photographer/s until full and final payment of any outstanding invoices and any outstanding disagreements with the Client/s are resolved

[WHAT THIS MEANS:  You can only use the images when you have paid me in full for my services.  If there is a dispute between us you can not use the images until the dispute is resolved.]

The Copyright Designs and Patents Acts assign the copyright of the images to the photographer(s). “The Photographer” assigns limited rights to “The Client” (subject to condition 5). “The Client” may reproduce, copy and distribute the photographs for personal use only. This is known as a “license to print.”

[WHAT THIS MEANS:  You allow me to use your images for my marketing.  I promise NOT to use images of you that may be embarrassing or that will cause you upset.]

The client is not authorised to copy and/or pass any photographs or derived products to any third party person and/or organisation for commercial use without first gaining permission in writing from the copyright owner (The Photographer). This includes other vendors booked by the client for his or her wedding.

[WHAT THIS MEANS:  Please don’t give my images to any of your other suppliers without asking my permission first.  The copyright of those images belongs to me; you will receive, upon full payment, a license to use the images commercially as agreed in Section 2.}

4. Display

The client(s) hereby allow(s) the photographer(s) to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums and prints, venue and other vendor samples, and other such material, providing that the images used are used lawfully and without damage to the client(s).

[WHAT THIS MEANS:  You allow me to use your images for my marketing.  I promise NOT to use images of you that may be embarrassing or that will cause you upset. If you do not wsh me to use any images then please ensure you make me aware of that in section 2.]

5 Licenses, Coverage and Reproduction

a) The Photographer(s) shall be granted artistic license in relation to the poses photographed and the locations used. The photographer(s) judgment regarding the location, poses and number of photographs taken shall be deemed correct. 

The Photographer will not be held liable for photographs that do not, for what ever reason, meet The Photographers quality criteria and are not shown to the client.

b) Photographs taken during the course of the event will be at the discretion of the photographer(s) although every effort will be made to comply with The Client(s) requirements.

c) Where the client provides a list of photographs to be taken it is incumbent upon the client to ensure the list is in an order that is logical and manageable. The photographer will follow the list “as is” without deviation. Clients are advised to think carefully about any photograph list.

d) Please note that any alterations made to the booking by the client(s) once details have been confirmed may only be made at the discretion of the photographer(s) and in some circumstances (such as the change of date or location) the photographer(s) may be unable to accommodate these alterations due to a conflict of commitments. Under these circumstances the photographer(s) are not liable to compensate the client(s) in any way whatsoever.

e) 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 standard high street print.

f) It is understood that all photographic printing is undertaken within the technical limitations of the process and that colours may not be identical over the whole range of colours within a subject. It is also understood that prints made at different times or in different sizes may be variable in colour balance.

g) Due to the limitations of computer monitors it is understood that (1) images appear differently according to the specification of each monitor (2) prints will not match images rendered on any particular computer monitor.

h) 

Print sizes are at a ratio of 1:1.5. Other ratios for photographic print sizes may require re-sizing by the client at the time of ordering.

i) Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer(s) will not be responsible for photographs that are not produced due to technical failure, either at the shooting or processing stage.

k) Where images are made available for use with a personal computer the default operating system shall be latest Apple Mac OS X and Microsoft Windows operating systems. Products may not function on other or earlier operating systems.

l) Where images are made available for use on a DVD player reasonable steps are taken to ensure compatibility, but DVD discs may not play on all DVD players particularly older models.

[WHAT THIS MEANS:  I can’t be in every single place at every time.  I may miss something.  I may not be allowed to photograph something. I make the final decision on locations, content, poses, style etc of the images. If you provide a list I will stick to it so be careful what you wish for. Printing at Tesco’s may not look as good as printing done by me. I photograph for 6″ x 4″ prints and in that ratio. I’ll make sure that my camera kit works, and I have backups – but occasionally sh*t happens and I can’t be held responsible for that.]


6. Prices

a) All standard photographic services and optional extras specified in this contract are to be paid for in full within 30 days once the full sized images are supplied to the client.

Extra work not covered in the original detailed Scope of Work (Section 24) will be charged at a rate of £65 per hour or part thereof.  This includes, but is not limited to:

Issuing USB memory sticks, using file transfer systems specific to the client, editing/retouching to fix issues that could have been done during the session (straighten ties, messy hair, rain spots, distractions etc)

b) The client(s) will be liable to pay any additional expenses incurred by the photographer(s) not already included within the contract price. This includes for example access fees charged by some venues, and dispatch of prints, discs, albums, and other products to non-UK addresses.

c) Travel expenses (other then specified in the contract summary) need to be covered at full cost before the journey takes place.

[WHAT THIS MEANS:  Price is fixed from time of paying the booking fee.  If it’s not included in the contract and it costs extra – you pay.]

7. Payments

a) A booking fee for the amount specified in your contract summary (paid by cash, cheque, credit / debit card or online bank transfer) along with a completed contract will confirm your booking. The booking fee forms part of the total cost of your Scope of Work (i.e. it is NOT in addition to the cost of the plan) and is deducted when calculating the final balance due. The booking fee secures the photographer’s services for the day and is non refundable in any event.
The photographer will decline any other enquiries for the date upon receiving this fee. The booking fee is payable within 5 working days from the date of booking. After this time the reservation will be automatically removed and the date will become open for booking.

b) The photographer will send out final invoices by email once the final images have been delivered.

c) It is the client’s responsibility to ensure payment for any outstanding balance is paid in full within 30 days.

You MUST allow sufficient time for cheque clearance.
Non-receipt of the full balance by the due date will be deemed cancellation of the contract by the client(s)

d) Failure to pay 30 days after the date of invoicing will be deemed a breech of contract and result in the Photographer/s refusing to allow permission to use any images for any purpose in any medium (electronic or otherwise) or physical location.

[WHAT THIS MEANS:  Pay on time.  My Bank Manager doesn’t take excuse from me and to be fair I shouldn’t have to take excuse from you.]

e) All additional goods must be paid for in full on ordering. This includes extra prints, albums, special editing and rendering of images, high-resolution digital files, high-resolution long-term galleries, and any other services ordered after the event.

f) Title to all goods remains with Andrew Miller until paid for in full by the client(s).

g) You have 30 days from the date of your booking fee being paid (booking fee is 20% of total contract value) to cancel. Your date will then be offered to other clients.  50% of your booking fee will be returned in this event, the remainder is an admin fee for cancelling the invoices, contract, carrying out refunds and re-advertising the date.

[WHAT THIS MEANS:  The booking fee confirms you date.  The booking fee is NOT refundable in the event of a cancellation.  Please pay the booking fee promptly or you could loose you booking.  Please pay the final invoice on time or I take it as a breach of contract and will undertake proceedings to enforce payment.]

8. Complaints

Any complaints must be received in writing within seven (7) days of receipt of products purchased (including digital products). This includes photographs, discs, albums, frames and any other special services that have been agreed.

[WHAT THIS MEANS:  Let’s talk before getting all legal about this. However if you do want to get legal thats your legal right.  It’s just costly in terms of money and time and emotions.  I’m insured so my insurance will cover all this for me.  I’d prefer to sort it out over a cup of tea or a pint or a pizza.]

9. Force Majeure

a) The due performance of the contract is subject to alteration or cancellation by the photographer(s) owing to any cause beyond their reasonable control (e.g. sudden illness/injury/victim of crime, flooding etc).

b) The photographer(s) may contact other photographers in the event that they are not able to attend your booking due to clause 9a). However it may prove difficult or impossible to find a skilled replacement photographer at short notice or at the same price.

c) In the event of cancellation by the photographer(s), or in the unlikely event of total photographic failure (although re-shoots may be arranged if practicable) – the photographer(s) will not be responsible for costs in order to stage re-shoots. The photographer(s) liability shall be limited to a full refund of any deposits and fees paid.

[WHAT THIS MEANS:  Sh*t happens.  I’ll do my best to photograph your stuff but if I’m dead, in a coma or prison (and it’s not may fault) etc then I’ll refund 100%]

10. Liability for Digital Files and Products

a) The digital files shall remain the property of the photographer(s) and shall be kept by them for not less than 12 months from the event date at one site.

b) 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 booking.

c) It is your responsibility to inform the Photographer of changes to address, date, location etc

[WHAT THIS MEANS:  If you lose your photographs then I may charge for a digital copy.  It takes me time to get the files from archive and stuff.  If you move address and don’t tell me – it’s your fault.  If you album goes to the wrong address – it’s your fault.  Talk to me! ]

11. Liability for Clients Personal Effects / Belongings

a) It is the client’s responsibility to take care of and look after his or her own personal effects and belongings. The Photographer/s does not accept liability for items left with The Photographer/s for any reason. Any items left with The Photographer/s are left entirely at your own risk.

b) The photographer/s may suggest suitable and reasonable particular set ups for photographs to the clients and it is assumed the client accepts liability for those photographs should the client agree to the photographers request.

c) The client accepts liability for the photographer/s health and safety whilst the photographer/s are working in client premises or on the client’s behalf at other locations. Where the photographer/s feel unsafe, personally uncomfortable or assess the risk to be unacceptable the photographer/s will inform the client and give reasonable time for the issues to be resolved. If the issues are not resolved the photographer/s reserve the right to leave immediately without further notice.

d) The client will advise any other locations that they are responsible for the photographer/s health & safety and the photographer/s will take all reasonable and sensible precautions whilst on the premises of other suppliers / venues etc.

[WHAT THIS MEANS:  If you give me something to hold I’m not responsible for the contents AT ALL. Period.  Full Stop.  It’s your stuff – you look after it.]

12. Cancellation Fees, date and package changes

a) If The Client(s) should have to cancel a booking, the booking fee and any other fees already paid cannot be refunded and the following cancelation charges will apply:
 Less than 28 working days prior to the booking date stated in Page 1 – 100% the of balance outstanding.

 29 – 84 working days prior to the booking date stated in Page 1 – 50% the of balance outstanding.

All notice to cancel must be given as soon as possible; a telephone call (including voice mail) is acceptable to inform The Photographer as soon as possible; however this needs to be confirmed in writing (e-mail is not acceptable under these circumstances) and sent registered post to the address listed on the last page.

A working day is defined as Monday – Friday. Working hours are defined 0800hrs – 1700hrs

b) The Client(s) may change the date booked earlier, if somebody else has not booked it already. No additional charges apply and written consent is required. The photographer cannot take responsibility in the event when the new date is booked or other responsibilities need to be carrying out on this date. No refunds will be given.

[WHAT THIS MEANS:  Pay on time.  My Bank Manager doesn’t take excuse from me and to be fair I shouldn’t have to take excuse from you.]

13. Placing an Order and Receipt of Goods

a) Any alterations to orders must be notified either by phone or email and confirmed within three working days of the order being placed. The photographer(s) will not be held liable for any costs incurred due to alterations to the order made by the client after this time.

c) The photographer(s) must be notified either by telephone or email within three working days of the client(s) being in receipt of their order in the case of error, shortage or damage, as mistakes cannot be rectified after this period.

[WHAT THIS MEANS:  If you change something make sure you get an “Ok” from me vial email.]

14. Privacy

Andrew Miller Photography 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.

[WHAT THIS MEANS:  I won’t sell your information to anyone…]

15. Governing Law

a) Any contract made between the photographer(s) and the client(s) 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.
b) You agree to the Terms & Conditions of this contract once your booking fee has been paid.

[WHAT THIS MEANS:  We use Welsh courts or English Courts.]


16. Insurance

The Client(s) are hereby advised to take out an insurance policy to cover any expenses in the event of cancellation or other situation arising.

[WHAT THIS MEANS:  If your wedding venue goes up in flames you still have to pay me If you break a leg and want to postpone you still have to pay me.  You still have to pay all the other suppliers as well.]

17. On the day

a) The photographer is the only authorized photographer for the day. Other professional photographers are not permitted whether official or otherwise, working for pay or otherwise (e.g. separately employed by parents, contracted by magazines or newspapers), unless agreed in writing before the day. Breach of this condition shall be deemed cancellation of the contract by the clients.

19. Delivery time frames

Secure online gallery of photographs 14-21 days
Delivery of USB memory stick with photographs 14 – 21 days
Prints 14 – 21 days
Canvas Prints 14 – 21 days

Printed Wedding Albums & Parent Books 6-10 weeks after sign off from yourselves

20. Replacement Products

Where the client/s wedding package includes copies of all edited images (wedding or pre-wedding) for personal use on either a CD-ROM / DVD or USB Memory Stick client/s are advised to make a backup copy.

Reproduction of such images will incur further charges to cover costs (time, materials, postage etc) at the prevailing rate at the time of request.

21. Image Manipulation

The Photographer will apply a range of standard image manipulation techniques to the client/s wedding photographs. This includes, but is not limited to skin smoothing, eye brightening, sharpening and Black & White and /or Sepia conversions.

The client/s shall not be charged for the removal of features that are not normally present. This includes but is not limited to items such as stress spots, cold sores and shaving / heat rashes.

Image manipulation for reasons of “digital cosmetic surgery” will be charged a rate of £65 per hour or part thereof. This includes but is not limited to tattoo removal, tan line removal, enhancements or reductions to the natural figure.

Wherever possible the photographer will attempt to avoid distractions in the background; where this is not possible a charge may be requested for removal of these distractions.

The photographer reserves the right to refuses requests for any photo manipulation where, in the opinion of the photographer, the requests are excessive.

[WHAT THIS MEANS:  Unless you want to pay me £65 per hour for photoshop work (which is about 2 photographs worth) then just accept that you will have the odd blemish, roll, curve etc. Tattoos are YOUR responsibility to get hidden not mine.  If the makeup wears off invoice the MUA for my time.]

22 Detailed Scope of Work

This section will contain sthe detailed Scope of Work

Client Signatures

Date

***** The General Terms and Conditions placed online are subject to change without prior notice ****

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