TERMS AND CONDITIONS 2011
Sorry, I know these are very boring, but they are also important. Taking time to read the following terms and conditions may prevent a misunderstanding at a later date.
The following terms and conditions are kept as simple as possible. You can contact me to discuss and clarify these terms and conditions and I am prepared to consider variations to suit your requirements.
1. DEFINITIONS: For the purpose of this agreement the "Client" shall where the context so admits include their assignees, sub licensees and successors in title. The Photographer in this document refers to f8 Photo Shots and/or Graham Betts. "Photographs" means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.
2. SERVICES: You can select your service from one of our published packages or ask for an individual quotation for a different requirement. All photo shoots are by appointment only.
3. MINORS: f8 Photo Shots will only work with persons aged 16 or over, unless part of a family group. Proof of age may be requested. If you are aged between 16 and 18, a signed consent from a parent or guardian is required and a chaperon will be present during the photo session.
4. DEPOSITS & PAYMENT: Deposits and fees are payable by the Client within 2 days of the provisional booking. The balance of the sum becomes payable on arrival or at the scheduled start of the photo shoot.
5. ADDITIONAL SERVICES & EXPENSES: Where extra expenses for supplementary services such as ‘make up’ are provided, these shall be paid with the deposit. Where further expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise at their request, the Client shall give approval to and be liable to pay such extra expenses or fees at the Photographer's normal rate to the Photographer in addition to the expenses as having been agreed or estimated.
6. REFUNDS, CANCELLATION & POSTPONEMENT: A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his discretion, charge a fee for ‘no show’, cancellation or postponement. f8 Photo Shots will give a full refund if it is responsible for cancelling the appointment and a rearrangement is not possible or acceptable to the model or client.
7. COPYRIGHT: The copyright of all images belongs to the photographer and commercial use by the client is not permitted unless a usage agreement has been agreed in writing before the images are taken. Use by any other person without permission or for any unauthorised purpose is strictly forbidden. Legal action will be taken to the full extent of the law in the case of copyright infringement.
8. RIGHT TO A CREDIT
If a right to a credit has been agreed the Photographer's name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s).
9. MODELS & TFP/TFCD: Models working on a time for prints basis will be required to sign a standard 'Model Release Form' confirming their agreement to the publication and use of any photographs taken. A copy of the 'Model Release' is available on request. Unless otherwise agreed, the model and photographer will each pay their own expenses.
10. CONFIDENTIALITY: If the customer requires their photographs and images taken at a photo shoot to be considered personal, private and confidential and not to be used for any trade, commercial use or resale they must make this clear at the time of booking.
11. USE OF IMAGES BY f8 PHOTO SHOTS: Unless agreed beforehand images may be used as part of the business of f8 Photo Shots.
12. FLASH PHOTOGRAPHY: Flash photography is used during photo sessions and can result in a rapid sequence of flashes. f8 Photo Shots cannot be held responsible for any medical condition that may be affected by the normal process of flash photography.
13. INDEMNITY: The Photographer agrees to indemnify the Client against all expenses, damages, claims and legal costs arising out of any failure by the Photographer to obtain any clearances for which he/she was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases the Client shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
14. THIRD PARTIES: f8 Photo Shots does not accept any liability for incidents occurring beyond its control or during a photographic event conducted at another location where the client or a third party is responsible for the service provided, property and associated environment.
15. SMOKING: In accordance with the law no smoking is permitted in any work space used for photo shoots. Where the client has arranged for a location photo shoot, including their home, it is their responsibility to ensure compliance with the law.
16. GIFT VOUCHERS: Gift Vouchers are valid for one year from the date of issue. Expired vouchers may be redeemed against products available from current price lists but will be subject to any price increase or adjustments.
17. APPLICABLE LAW: This agreement shall be governed by the laws of England & Wales.
18. VARIATION: These Terms and Conditions shall not be varied except by agreement in writing.
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