Please read this contract in full. When finished, you can confirm your agreement by entering your details below. Thank you.
In the following terms & conditions “the Photographer" shall mean Jacqui Dunbar trading as Jacqui Dunbar Photography and “the Client(s)” shall be those persons defined on the booking form. These terms and conditions cannot be varied in any way by the Client(s) unless such conditions are expressly agreed by the Photographer, in writing.
Payment:
The full balance is due to be paid 14 days prior to the Event. No photographs will be delivered until all payments due have been paid in full. Payment for additional images/products are to be made at the time of ordering.
Value Of Prints Included Within Package (if applicable):
The value of prints, or other items, included within the agreed price is only redeemable as a discount against those items at the prices listed by the Photographer and ordered by the Client within one month of the client receiving the images. At no time will this value be transferable for a cash alternative. Any monies over and above the value of discount are to be paid at the time of order.
Reorders:
All reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing.
Password Protected Gallery:
All password protected galleries will be open for 1 month from the date of client receiving log in details. Where applicable please ensure you download your images within the 1 month period, after which time the gallery will be removed to create space within the system. We recommend you create a back up of your images in the event of a hardware malfunction. If for any reason you require your images to be uploaded again there will be a £125.00 charge.
Replacement USB's (where applicable):
We recommend you create a back up/create a copy of the images you receive from the Photographer on the USB. In the event of the client losing the supplied USB, a replacement can be purchased at the cost of £125.00.
Images:
All image sizes are nominal. The Photographer will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres. It is sometimes impossible to record on film or digitally the exact colour as seen by the human eye.
Retouching:
All images will be adjusted for exposure, brightness, contrast, sharpness, etc The Photographer's judgement regarding these corrections and the number of images put forward to the Client for preview shall be deemed correct. Retouching, digital manipulation and artist finishing is available to the Client as an option, at extra cost.
Copyright and Reproduction Rights:
In accordance with the Copyright, Designs & Patents Act 1988, the copyright of all images created by the Photographer is owned by the Photographer. Unless the Photographer gives written authorisation, the Client is forbidden by law to copy any images created by the photographer and agrees that all photographic reprints, digital duplications or copies of any type made from images created by the Photographer shall only be carried out by the Photographer. The license to reproduce such images is granted to the Client on the understanding that all invoices are paid within the Photographer's stated payment terms.
Reproduction rights (if and when granted) are strictly limited to the use specified on the Photographer's invoice and/or quotation. An agreement must be reached with the Photographer before the pictures are used for a different purpose or after the license to use has expired. The Photographer reserves the right to charge an additional fee if the photographs are used for purposes other than what is shown on the Photographers invoice and/or quotation.
If the Client wishes to own the copyright of images created by the Photographer, an additional fee will be paid by the Client to the Photographer for transferring the copyright. This fee will be mutually agreed by both parties. The transfer of copyright will only become applicable after this payment has been made in full.
Ownership:
All original negatives, transparencies and digital files created by the Photographer remain the property of the Photographer. The Photographer will ensure that all such materials are stored safely for the Client and make them available for future reproduction in return for the relevant fee.
Display:
The Client(s) hereby allow(s) the Photographer to display any photograph covered by this contract and to generally promote the business in advertising and marketing, brochures, articles, websites, social media, sample albums etc.
Licence and Coverage:
The Photographer shall be granted artistic licence in relation to the poses photographed and the locations used. The Photographer’s judgement regarding the locations/poses and number of images taken shall be deemed correct. The Photographer will do everything possible to capture the full range of images required. However, due to the vagaries of the weather, the venue and the willingness of subjects, it may not be possible to capture all the images requested.
Force Majeure or Act of God:
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.
Attendance:
In the unlikely event of the assigned Photographer being unable to attend your Event due to unforeseen circumstances, we reserve the right to appoint another photographer to attend on our behalf to undertake the required photography to his/her best ability.
Limitation of Liability:
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.
Event Arrangements:
The details of the Event are as recorded on the Booking Form. The Client shall notify the Photographer of any changes to these details in writing. The Photographer/s cannot be held liable for delays or disruption in their delivery of the service until any changes are received, and acknowledged in writing.
Photographer Breaks/Meals:
Where the Photographer is covering an Event over 5 hours, there is a request that the client provides the Photographer with a vendor's meal/food. If this is not included the Photographer has the right to take a 45 minute break to arrange food for themselves.
Cancellation:
The Client may cancel this contract at any time by giving written notice to The Photographer but in doing so shall forfeit any monies paid. Cancellation less than 7 days before the Event will result in the payment in full becoming due. All cancellations must be in writing.
Complaints:
Any complaints should first be raised by the Client with the Photographer, in writing within 21 days from the date of receipt of images and or any products. Every effort will be made to find a suitable resolution in a timely and professional manner. However, arbitration is available through the National Photographic Society if required.
Governing Law:
This agreement shall be governed in accordance with the laws of Scotland.
Documents Additional To This Contract:
The following documents form part of this contract;
1.. Booking Form (prior to event)
2. Licence of Use (provided with invoice)
3. Permission to Print (provided with images)
Payment:
The full balance is due to be paid 14 days prior to the Event. No photographs will be delivered until all payments due have been paid in full. Payment for additional images/products are to be made at the time of ordering.
Value Of Prints Included Within Package (if applicable):
The value of prints, or other items, included within the agreed price is only redeemable as a discount against those items at the prices listed by the Photographer and ordered by the Client within one month of the client receiving the images. At no time will this value be transferable for a cash alternative. Any monies over and above the value of discount are to be paid at the time of order.
Reorders:
All reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing.
Password Protected Gallery:
All password protected galleries will be open for 1 month from the date of client receiving log in details. Where applicable please ensure you download your images within the 1 month period, after which time the gallery will be removed to create space within the system. We recommend you create a back up of your images in the event of a hardware malfunction. If for any reason you require your images to be uploaded again there will be a £125.00 charge.
Replacement USB's (where applicable):
We recommend you create a back up/create a copy of the images you receive from the Photographer on the USB. In the event of the client losing the supplied USB, a replacement can be purchased at the cost of £125.00.
Images:
All image sizes are nominal. The Photographer will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres. It is sometimes impossible to record on film or digitally the exact colour as seen by the human eye.
Retouching:
All images will be adjusted for exposure, brightness, contrast, sharpness, etc The Photographer's judgement regarding these corrections and the number of images put forward to the Client for preview shall be deemed correct. Retouching, digital manipulation and artist finishing is available to the Client as an option, at extra cost.
Copyright and Reproduction Rights:
In accordance with the Copyright, Designs & Patents Act 1988, the copyright of all images created by the Photographer is owned by the Photographer. Unless the Photographer gives written authorisation, the Client is forbidden by law to copy any images created by the photographer and agrees that all photographic reprints, digital duplications or copies of any type made from images created by the Photographer shall only be carried out by the Photographer. The license to reproduce such images is granted to the Client on the understanding that all invoices are paid within the Photographer's stated payment terms.
Reproduction rights (if and when granted) are strictly limited to the use specified on the Photographer's invoice and/or quotation. An agreement must be reached with the Photographer before the pictures are used for a different purpose or after the license to use has expired. The Photographer reserves the right to charge an additional fee if the photographs are used for purposes other than what is shown on the Photographers invoice and/or quotation.
If the Client wishes to own the copyright of images created by the Photographer, an additional fee will be paid by the Client to the Photographer for transferring the copyright. This fee will be mutually agreed by both parties. The transfer of copyright will only become applicable after this payment has been made in full.
Ownership:
All original negatives, transparencies and digital files created by the Photographer remain the property of the Photographer. The Photographer will ensure that all such materials are stored safely for the Client and make them available for future reproduction in return for the relevant fee.
Display:
The Client(s) hereby allow(s) the Photographer to display any photograph covered by this contract and to generally promote the business in advertising and marketing, brochures, articles, websites, social media, sample albums etc.
Licence and Coverage:
The Photographer shall be granted artistic licence in relation to the poses photographed and the locations used. The Photographer’s judgement regarding the locations/poses and number of images taken shall be deemed correct. The Photographer will do everything possible to capture the full range of images required. However, due to the vagaries of the weather, the venue and the willingness of subjects, it may not be possible to capture all the images requested.
Force Majeure or Act of God:
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.
Attendance:
In the unlikely event of the assigned Photographer being unable to attend your Event due to unforeseen circumstances, we reserve the right to appoint another photographer to attend on our behalf to undertake the required photography to his/her best ability.
Limitation of Liability:
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.
Event Arrangements:
The details of the Event are as recorded on the Booking Form. The Client shall notify the Photographer of any changes to these details in writing. The Photographer/s cannot be held liable for delays or disruption in their delivery of the service until any changes are received, and acknowledged in writing.
Photographer Breaks/Meals:
Where the Photographer is covering an Event over 5 hours, there is a request that the client provides the Photographer with a vendor's meal/food. If this is not included the Photographer has the right to take a 45 minute break to arrange food for themselves.
Cancellation:
The Client may cancel this contract at any time by giving written notice to The Photographer but in doing so shall forfeit any monies paid. Cancellation less than 7 days before the Event will result in the payment in full becoming due. All cancellations must be in writing.
Complaints:
Any complaints should first be raised by the Client with the Photographer, in writing within 21 days from the date of receipt of images and or any products. Every effort will be made to find a suitable resolution in a timely and professional manner. However, arbitration is available through the National Photographic Society if required.
Governing Law:
This agreement shall be governed in accordance with the laws of Scotland.
Documents Additional To This Contract:
The following documents form part of this contract;
1.. Booking Form (prior to event)
2. Licence of Use (provided with invoice)
3. Permission to Print (provided with images)
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