Terms & Conditions of Business
Elizabeth G Photography (“The Firm”)
Standard Terms & Conditions
It is mutually agreed and accepted by the Firm and the Client(s) that the following Standard Terms & Conditions state fully the contractual agreement made between the parties and that no variation or modification thereof shall be effective unless agreed and accepted by both parties in writing at least 14 days prior to the Event.
Basis of Event Booking, Photographic Images and Material to be Produced
It is an explicit Term of any Event Booking accepted by the Firm that the Firm’s acceptance of such booking relies entirely on the Client’s acknowledgement, un-conditional agreement and acceptance of the fact that they have had the opportunity to view and signify their complete approval and acceptance of the style and artistic composition of the Firm’s Photographic Images, Albums, Materials and Samples as displayed in the Firm’s Portfolio, Literature, in their Studio, Display Areas, Exhibitions, Advertising Material or on their Web Site.
Retainer & Booking Fees
In the case of an Event Booking made by a client at least 6 weeks prior to the Event Date, a Retainer & Booking Fee will secure the services of the Firm for the specified Event and is payable by the Client to the Firm immediately upon acceptance and signing of an Event Booking Form.
Retainer & Booking Fees are non-returnable in any circumstances and may not be transferred in the event of cancellation of a booked event.
In circumstances where a Client makes an Event Booking on a date which is less than 6 weeks prior to the date of the Event, then the Client will be required to pay 50% of the agreed event fees immediately upon acceptance and signing of an Event Booking Form and must acknowledge and agree that the advance amount paid is non-refundable.
The balance of Event fees are payable in full 28 days following a final invoice issued by the Firm.
The Firm will not accept any variation to these Conditions except in the most extreme circumstances beyond the control of the Client or the Firm. In such a case the Firm may agree to negotiate an amount of refund acceptable to both parties.
Payment and Settlement of Charges and Fees
Following payment of a Retainer or Booking Fee or advance payment, the balance of the agreed event fees fall due for settlement 28 days following a final invoice issued by the Firm.
If the Firm does not receive the required Retainer or Booking Fee or advance payment then the Firm reserves the right to withhold performance of the Contracted Services
In the absence of full payment of invoiced event fees, charges and costs, the Firm reserves the right to withhold delivery of all photographs and proofs.
Products will be delivered once all event fees, charges and costs have been settled in full by the Client.
Further Images and Products ordered in addition to the images, photographs, albums and products originally ordered by the Client at time of booking will be charged separately and are subject to full payment in advance at point of order.
The Firm reserves the right to display any photographs produced at the Event in their studio, on their web site, in their portfolio, in literature, display areas, exhibitions, competitions, advertising material or slide shows.
The Client must understand, acknowledge and agree that all image sizes are nominal and may not conform to commonly accepted standard print sizes.
Any images which appear as square or panoramic in proof should be ordered as such.
When ordering specific images, albums and other material, Clients must consult with the Firm for advice on recommended formats.
The Firm accepts no responsibility under any circumstances for unsatisfactory prints produced as a result of Client’s reprinting from disc, other media or from the Firms Website or other sources.
The Firm is not responsible for changes or corruptions to images caused by cropping by the Client or by any third party.
The Firm utilizes the services of professional processing laboratories and manufacturers in producing images, albums, framed photographs and compositions and other material and products to the highest standards possible.
The Firm and it’s professional and trade associates will make every effort to provide a pleasing colour balance in all images but cannot guarantee an exact colour match due to variations and anomalous reflection effects caused by a combination of certain dyes and materials, in particular man-made fibers.
Colours as seen by the human eye may, in some instances, be impossible to duplicate precisely or to reproduce on digital or photographic media.
The Firm refuses to accept any liability for corruption, distortion, alteration, discoloration, cropping, retouching or any other procedure or damage of any nature to images or any other media or material which have been submitted personally by the Client for laboratory or other processing to any one person or organization.
The Firm will provide all images to the Client as finished.
The Firm offers additional services of Retouching, Digital Manipulation Artistic Composition and Artist Finishing.
Extra charges are payable by the Client for these Services.
An hourly rate of £25 per hour or part thereof applies to Additional Services, in addition to the cost of the additional images, albums and other materials ordered by the Client.
As stated above in 5, the Firm refuses to accept any liability for images and other material which have been submitted personally by the Client for laboratory processing, retouching or other procedures.
All reorders of images, albums and other materials must be made in writing and be subject to pre-payment in full.
Reorders shall be treated as an extension of the contract between the Firm and the Client.
The Firm accepts no responsibility for error.
The Firm reserves Copyright over all images, materials, media and products.
The Client is prohibited from copying, adjusting, re-colouring, re-sizing, retouching, altering or manipulating in any way any of the images, materials or other items produced by the Firm.
All images or copies thereof whether stored digitally or otherwise and any computer program or software including any source or object code, computer file or printed documentation relating to such images are protected by the Copyright, Designs and Patents Act 1988(c.48) also known as the CDPA.
The above legislation prohibits the copying by photographic, electronic or by any other means any image created as part of the contract between the Firm and the Client without the express prior written approval and permission of The Firm.
The Client agrees unconditionally to grant The Firm the Artistic License in relation to the poses photographed and the locations used in relation to the Event.
Firm’s Judgement and Discretion
The Client agrees and accepts that The Firm’s judgment in relation to the locations, poses, compositions and number of images taken shall be deemed correct at all times.
The Client further agrees and accepts that The Firm be granted total flexibility and consent to use it’s own discretion in managing the Client, their Officers and Personnel, Guests and Other Personnel present throughout the Event in order to facilitate the production of the required photographic images and materials
The Client must accept that weather conditions are beyond the control of the Firm.
The Client must therefore acknowledge, agree and accept that, under certain climatic conditions, it may not be possible to capture all the images requested.
The Client must accept that certain subjects may be unwilling to be photographed or to co-operate with the Firm.
Such matters are beyond the control of the Firm.
The Client must therefore acknowledge, agree and accept that, in some situations, it may not be possible to capture images of such subjects.
Matters Beyond the Control of Either Party to the Contract
The Client must acknowledge, agree and accept that, under circumstances where conditions prevail or matters arise which are Beyond the Control of the Firm and the Client, due performance of the Contract must be subject to mutually convenient alteration by either party.
Substitute or Alternate
The Client must acknowledge, agree and accept that, in the event of the assigned Photographer of the Firm being unable to attend the Event due to illness, incapacity or other unforeseen circumstances, the Firm reserves the right to appoint another fully qualified and experienced Event Photographer, Firm or Company to attend at the Event on the Firm’s behalf to undertake and fulfil the photography aspects of the assignment to the best of their ability.
Limitation of Liability
The Client must acknowledge, agree and accept that, in the unlikely event of a total photographic failure or cancellation of the Event contract by either party or in any other circumstance, then 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.
The Firm retains exclusive rights of ownership over all images, negatives, digital files and other materials and media which remain at all times the property of The Firm.
The Client may cancel the contract at any time by giving written notice to The Firm.
In doing so The Client must acknowledge, agree and accept that they shall forfeit any monies paid in relation to a Cancellation notified to the Firm less than 28 days before the Event and that the whole of the Contract Price of the event shall be payable in full to the Firm.
Clients must recognize, acknowledge and agree that by accepting a booking, the Firm is making a serious commitment of time and resources to ensure that the required services are performed and the products and materials are supplied to the Client in a timely and efficient manner and that any cancellation by the Client is likely to cause severe disruption, loss of opportunity and financial loss to the Firm
Provided at least 4 weeks advance notice is given in writing by the Client to the Firm and provided the Firm is able to re-book the Event on an alternative date, the Client’s booked Event may be postponed by the Client to a later date.
If a postponed date and time for the Event can be mutually agreed between the Firm and the Client, then the Retainer & Booking Fee will be applied as originally intended, in part payment against the total fee charges and costs payable by the Client.
In circumstances where a Client makes an Event Booking on a date which is less than 4 weeks prior to the date of the Event, then the Client must acknowledge, agree and accept that, in the event of a subsequent cancellation, the whole of the fees and charges are forfeited as non-refundable as stated in paragraph 2 above.
Cancellations as a result of extreme and exceptional circumstances beyond the control of both the Firm and the Client may, upon written representation by the Client to the Firm, be subjected to negotiation between the Firm and the Client with regard to the matter of any fee refund which might be considered appropriate or acceptable to each party in those extreme and exceptional circumstances.
The Firm reserves the right to give written notice to the Client to cancel any Event Booking for any reason, provided always that the Firm shall not cancel an Event Booking less than 4 weeks prior to the date of such Event.
Any complaints should first be raised by the Client with the Firm in writing within 14 days from the date of receipt of images.
The Firm will do everything possible to resolve a Client’s complaint to their satisfaction.
In the unlikely event that a Client’s complaint remains unresolved, then the Client may request for the matter to be referred to a duly authorized and qualified mediator for mediation.
In such circumstances, a decision by the duly authorized and qualified mediator shall be final and binding upon both parties.