The following terms and conditions apply to the 'Agreement' and each future request received by the Photographer from the Client.

Undertaking the supply of services and/or materials shall amount to the Client's acceptance of these terms irrespective of payment not being received by the Photographer or otherwise for services received or offered . These terms shall take precedence over any terms and conditions of the Client, whether attached to, enclosed with or referred to in any purchase order of the Client or elsewhere. They may not be varied except by written agreement between the Photographer and the Client.

 

Definitions

'Agreement' the terms and conditions as set out herein

'the Photographer' means Andrew Clarke trading as People Photography.

'the Client' means the person, firm or company receiving the services of the Photographer.

'Material(s)' means mounts, frames, albums etc either ordered at the same time as images or on a separate occasion and any other items including images and trademarks contained in the People Photography website.

'Images' means all photographs and visual representations obtained by the Photographer whether captured delivered or stored in photographic, magnetic, optical electronic or any other media.

'Royalty Free' images expressly specified as royalty free, are released to the Client as a one off payment, to the Photographer for each image or set of images  in addition to the payment for the photo shoot and any restrictions are expressly specified with regard to the use of the specified images on the Forms. The specified images are royalty free on the basis that it is the Client's responsibility to obtain the necessary permissions for usages that require any property not delivered by the Photographer,

'Trademark' means the business name with logo of People Photography.

'Order' means any request, order, commission or instruction by or on behalf of that Client in either verbal or written form.

'Price' means the monetary value for the Order

 

Parties

This Agreement is made between Andrew Clarke t/a People Photography 'the Photographer' and the Client relating to the provision of services by the Photographer. Please read this Agreement carefully before receiving the services. By receiving the services you agree to be bound by all the terms and conditions set out herein.

 

Payments and Charges

Goods and services will only be provided once cleared funds are received, failure to provide cleared funds will result in the goods and services being cancelled and costs and reasonable expenses incurred by the Client.

From time to time, special offers and discounts may be offered against listed prices for prints, digital images and services. All such special offers and discounts may be withdrawn or cancelled without notice unless a cutoff date is presented within the special offer or discount, in which case a minimum notice period of 24 hours will be given prior to withdrawal/cancellation.

All special offers and discounts are offered to individual clients only in goodwill, pooling of orders between clients in order to qualify for special offers or discounts is outside the intensions of such special offers and discounts and is therefore not permitted.

 

Rejection or cancellation or postponement

A booking is considered firm as from the date of confirmation and accordingly the Photographer will at his or her discretion charge a fee for cancellation or postponement.

Unless a refund fee has been agreed in advance the Client shall have no right to terminate the Agreement, allege breach of contract or seek any cancellation, reduction or repayment of the Order agreed.

 

Indemnification

It is the Client's sole responsibility to obtain necessary permissions for usages that require any model or property releases. It is the Client's sole responsibility to determine whether any model or property releases that are delivered by the Photographer are suitable for the Clients purposes.

The Client agrees to fully defend and indemnify the Photographer against any loss, damages, costs and claims from viewing or use of the Services.

The Photographer shall not be liable for any damage and or loss as a result of the Client's negligence, acts and or omissions either knowingly or otherwise.

In the event that any liability is apportioned the Photographers liability for all and or any claims shall not exceed in the total amount paid under the invoice

 

Quality

Save as otherwise agreed between the Client and the Photographer, the Photographer shall be entitled to use his judgment regarding the style and artistic input in the production of the Image(s)

People Photography can not guarantee that the colours contained within a print of an Image will be reproduced identical to that produced on the Client's computer monitor or printer.

 

Alterations

The Client will not make or permit any alterations including but not limited to additions, subtraction, or adaptations in respect of the Images, except where consent is granted by the Photographer it is reasonable to do so.

 

Copyright

Unless otherwise specifically provided elsewhere in this document, Copyright of all Images captured by the Photographer remains with the Photographer. The Photographer exercises the right to use any images captured by the Photographer in any advertising, marketing and promotional media in either electronic or printed form. The purchase of prints or digital image files does not affect the Copyright ownership of those images, Copyright remains the property of the Photographer unless specifically detailed in writing.

All Images, Materials and Trademark contained in the business stationery, advertising, promotional and any associated material of People Photography including the website is the property of People Photography and protected by the copyright laws of England.

 

Data Protection and Privacy

The Photographer utilises a password protected online gallery utility to facilitate client viewings and purchases. In some circumstances, for example group photography shoots and all underwater photography sessions, client images will be displayed together with other members of that group and the password provided to the group collectively. Only when instructed otherwise in writing prior to the shoot can alternative viewing arrangements be possible/facilitated.

The Client accepts the risk that data transmitted electronically to the Photographer via this website or otherwise may be intercepted before reaching the Photographer or accessed from the Photographer's data storage means by third parties unauthorised by the Photographer, and may be exploited unlawfully by such third parties. The Photographer does not assume responsibility for guarding against the acts of such unauthorised third parties.

 

Liability

In no event shall the Photographer be liable for any personal injury, damage to property or goods, loss of profit, revenues, goodwill, opportunity, business, anticipated savings or other indirect or consequential loss of any kind in contract, tort including negligence or otherwise arising from Services or products provided by the Photographer. The client accepts that their attendance at the photo shoot is entirely at their own risk.

The Photographer shall not be liable to the Client for any breach of this Agreement, of delay or failure to provide the services if the delay or failure was caused by matters beyond the Photographer's reasonable control including acts of God, fire, lightning, explosion, war, disorder, flood, industrial disputes, weather of exceptional severity, unavoidable hardware or software failures, or acts of local or central government or other authorities.

To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained on the Website and e-mail updates. We do not guarantee that these will be fault free and do not accept liability for any errors or omissions.

 

General

The terms of this Agreement are subject to English law and the exclusive jurisdiction of the Courts of England and Wales.

The provisions of the Contracts (Rights of Third Parties) Act 1999 are excluded to the fullest extent permitted by law.

If any of the terms of this Agreement is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other terms of this Agreement and the remainder of the provision in question shall not be affected

No failure by the Photographer to implement or enforce any of the terms of this Agreement shall operate as a waiver of such rights or prejudice its rights under this Agreement in any other way. Your acceptance of this Agreement denotes a declaration by you that you understand the restrictions on our service

All fees and expenses payable under this agreement are required irrespective of whether Client makes actual use of the Images or any licenses to use them, specified in writing. Unless specifically provided elsewhere in this document, no reprographic, reprint, republication or other secondary reproduction usages may be made, and usage rights are granted only for one-time.

 

People Photography Website

By using the People Photography website you are indicating that you have legal authority to accept these terms and conditions.  This website may contain proprietary notices and copyright information, which you agree to observe and follow.

The Photographer does not and cannot review all communications and/or materials posted on its website.

Information may be changed or updated without notice.

The Photographer gives no warranty that the website will always be accessible and accepts no liability for any loss which may result when the website is not available.

People Photography may contain links and advertisements from other websites, however these other websites are not controlled by People Photography and we are not responsible for any content contained on any such website or any loss suffered to you in relation to such websites.

 

Disclaimer

People Photography uses reasonable efforts to ensure the accuracy, the correctness and reliability of the content of People Photography's Website but makes no representations or warranties as to the contents accuracy, correctness or reliability.

 

Last edited 9th June 2015