Portrait Photography Terms & Conditions
“The Photographer” means Gail D’Almaine, trading as D’ALMAINE. 1 Sonya Terrace, Venables Close, Norwich, Norfolk NR1 4LL. “The Client” means any person, body of persons, firm or company with whom the Photographer enters into a contract for the sale of goods or provision of services by The Photographer.
- Shoot Dates/Times
All shoot dates and times are subject to availability and are allocated on a first-come first served basis. To secure an available shoot date and time, The Photographer will require payment of the stated sitting fee from The Client at the time of booking the shoot.
Bookings for photography shoots must be made by persons aged of 18 or over. All subjects aged 17 or under must be accompanied and supervised at all times by a parent or legal guardian.
- Cancellation or Rescheduling of Shoots
The Client may cancel/reschedule their shoot once and have a refund of any sitting fees paid, providing they give The Photographer a minimum of 5 days notice in writing. If The Client gives less than 5 days notice, all fees paid are non-refundable and the rescheduling of the shoot will be subject to a minimum charge of £50.00. All dates/times are subject to availability.
On instances where The Client arrives late or fails to attend their shoot at the agreed time, the photographer reserves the right to shorten or cancel the shoot without the refunding of any fees paid. The rescheduling of such shoots will be subject to The Photographer’s standard fees.
Shoots purchased through a voucher or promotion are non-refundable.
In the event of The Client cancelling or rescheduling their shoot, The Client agrees to pay in full all cancellation fees for any additional services they requested such as (but not limited to) hair/make up artists, prop/location hire etc contracted in for specifically their shoot.
- Creative Licence
The Photographer shall be granted creative and artistic licence in relation to the choice of poses, lighting effects, artistic style, the number of photographs taken and the digital processing of the images. The Photographer shall endeavour to undertake any set-ups or poses requested by The Client, subject to time available and the willingness and cooperation of the subjects being photographed.
The Photographer has the absolute right to select the images that will be shown to The Client at the viewing. All photographs rejected by The Photographer during the selection process will be permanently deleted and will not be available for The Client to view. The choice and number of photographs shown to The Client will be deemed as correct.
At all times, The Client will be responsible for the safety and conduct of all persons in their party whilst on The Photographer’s premises or on location. The Photographer reserves the right to terminate his activities without the refunding of any fees if he deems the conduct of any person to be unruly, inappropriate or likely to cause harm to persons or damage to property. The Client agrees to pay in full for all loss (including consequential loss) and damage caused by anyone in their party.
- Placing an Order
The Photographer requires payment in full from The Client on all orders placed. Orders will only be processed when payment has been made.
Due to the custom nature of the products produced, orders cannot be cancelled and all payments are non-refundable.
Vouchers issued to The Client must be redeemed by the expiry date shown on the voucher, or it will no longer be valid. There is no cash alternative, refunds or change given. Vouchers cannot be used in conjunction with any other offer, voucher or existing shoot provided by The Photographer. It cannot be used for any other service other than what is described on the voucher.
Only one promotional voucher can be redeemed by The Client (or anyone in their household) in any calendar year.
The photographer reserves the right to charge a booking fee of £25.00 on all voucher shoots. This will be refunded in full once The Client has attended the shoot and the viewing at the agreed times. Non-attendance at these times will result in the booking fee being retained and voucher benefits being cancelled.
- Sizes and Colour Matching
All sizes quoted by The Photographer are approximate and due to the bespoke nature of the Photographers work, may not be compatible with standard print sizes. Due to limitations of materials and printing processes, it is not possible to guarantee a perfect colour match. The Photographer will endeavour to provide the closest possible match, which will be deemed as correct.
- Retention of Photographs and Products
The Photographs shown to the Client are retained for a minimum of 6 months from the date of the shoot. After that time, The Photographer reserves the right to permanently delete the photographs without notice and without the refunding of any fees paid. If The Client does not view the photographs or make a purchase of prints/digital files within 6 weeks of their shoot, it will be assumed The Client has no requirement to view the photographs and The Photographer reserves the right to permanently delete the photographs without notice and without the refunding of any fees paid.
If goods are not collected within 6 months of the order being placed, The Photographer reserves the right to dispose of any items without the refunding of any payments made. Any outstanding balances will remain due.
- Public Display, Marketing and Promotion
The Photographer reserves the right to publicly display and use any of the photographs taken during The Client’s shoot for marketing, promotional, competitions, exhibitions, social media and editorial purposes. If The Client prefers not to have the photographs put on public display, they should inform The Photographer in writing.
- Copyright and Ownership
In accordance with the Copyright, Designs and Patents Act 1988, The Photographer owns the copyright on all the photographs taken. It is a criminal offence for The Client or for any other person to scan, copy, save, alter/manipulate, upload, download, reproduce or print the photographs in any way or by any other means.
On instances where The Client purchases high resolution images in an electronic format, the copyright remains with The Photographer, but The Client is granted a licence to make unlimited reproductions of the purchased images for personal and non-commercial purposes. The Client is not permitted to sell on, charge for or allow the photographs to be used by a third party (including commercial organisations) without written permission of The Photographer. Reproduction fees may be applicable.
Other licensing terms will apply for photographs taken specifically for commercial purposes.
All original negatives, transparencies and digital files remain the property of the Photographer.
- Errors, Omissions, and Complaints
Claims for damage, defects, non-delivery or shortages will not be considered unless notified in writing within seven days of delivery. The Client’s statutory rights are not affected.
- Force Majeure
In the event of photographic failure or due to any acts or events beyond The Photographers control, including (but not limited to) death, illness, act of God, breakdown, inclement weather, catastrophic loss of data or the failure to deliver goods and services provided by The Photographers suppliers or sub-contractors, The Photographers liability will be limited to the refund of any shoot fees paid.
The Photographer shall not be liable for any economic loss, loss of profit, loss of business or any claims for consequential compensation however caused. In all cases The Photographers liability shall be limited to a refund of shoot fees paid.
16 Client Personal Information
The Photographer will store the Client’s name and address details on a private database. The Photographer will not make these details available to third parties, unless required to do so by law.
- Governing Law
Any contract made between The Photographer and The Client 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.
- Terms and Conditions
These Terms and Conditions are subject to change without prior notice.
Commercial Photography Terms And Conditions
(a) For the purpose of this agreement “the Agency” and “the Client” shall where the context so admits include their respective assignees, sub-licensees and successor in title. In cases where the Photographer’s Client is a direct Client (i.e. with no Agency or intermediary), all references in this agreement to both “the Agency “ and “the Client” shall be interpreted as references to the Photographer’s Client.(b) For the purpose of this agreement “The Photographer” will mean the Author of the Photograph or Gail D’Almaine. And shall where the context so admits include their respective assignees, sub-licensees and successor in title.(c) “Photographs” and “Works” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints, digital files or any other type of physical or electronic material in existence now or yet to be developed.(d) All contracts verbal or written are only accepted on the basis that the Terms and Conditions of the Photographer are the only ones applicable.(e) Other Terms and Conditions proffered by the Client are specifically excluded unless agreed in writing beforehand by the Photographer.(f) Where time is of the essence the Photographer entirely at its own discretion may accept an instruction given orally, in this event the Photographer shall accept no liability for any error in executing the order.(g) Unless the Photographer is given prior written notice by the Client, the person placing or signing the order on behalf of the Client is deemed to be authorised to do so.(h) When a Client’s policy is not to rely on email confirmations, hardcopy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law.
(a) The Author retains the entire copyright in the Photographs and Works at all times, throughout the World and (b) Where reproduction of Works has taken place and settlement has not been made, the Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.
- OWNERSHIP OF MATERIALS.
(a) Title to all Photographs remains the property of the Photographer.(b) When the License to Use has expired the Photographs must be returned to the Photographer in good condition within 30 days and any archived digital files destroyed.(c) Title to any materials used in producing the Works is not transferred to the Client upon payment of the invoice.
(a) The License to Use comes into effect from the date of payment of the relevant invoice(s).(b) No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission in writing.(c) Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation.(d) Where restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee to be mutually agreed. Note: A written agreement must be reached with the Photographer before the Photographs may be used for other purposes. Where uses of an image are made which breach the licence to use further charges will be made.(e) Any reproduction rights granted are by way of licence only and no partial or other assignment of copyright shall be implied.(f) On the Client’s death or bankruptcy or (if the Client is a Company) in the event of a Resolution, Petition or Order for winding-up being made against it, or if a Receiver or an administration is appointed, any licence granted shall immediately cease.
(a) Unless agreed to in writing on the License to Use and the Invoice no exclusivity is given or implied to The Agency and/or The Client.(b) The Photographer retains the right in all cases to use or sell the Photographs. (c) Exclusivity will not be unreasonably withheld but only on written agreement with the Photographer before work commences.
- CLIENT CONFIDENTIALITY.
(a) The Photographer will keep confidential and will not disclose to any third parties or make use of information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.
(a) It is the Client who must satisfy himself/herself/It’s self that all necessary rights, model releases, clearances or consents which may be required for reproduction of people, places or items depicted within any Works are obtained.(b) It is acknowledged that the Photographer gives no warranty or undertaking that any such rights, releases or consents are or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or Works of art depicted in any picture.(c) The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed in writing before the shoot.(d) In all other cases the Client shall indemnify the Photographer againstall expenses, damages, claims and legal costs arising out of any failure toobtain such clearances.(e) The Photographer will not be liable for any loss or damage, for any consequential loss of profit or income however caused including negligence by the Photographer, Mike Nowill their employees or agents or otherwise, and it is the Client’s responsibility to insure against such loss or damage.
(a) Payment by the Client will be strictly within 30 days of the issue of the relevant invoice for the commissioned work.(b) Thereafter, further charges may be made for any additional statement, letter (whether as an email, fax, etc) issued for the recovery of the outstanding debt of not less than £15.50 plus VAT each and all other costs for the recovery of debtsincluding bank charges.(c) A further charge of 5% over the Lloyds TSB Bank rate from time to time is added to the invoice on the first day following that when settlement should have been made. LATE PAYMENT OF COMMERCIAL DEBTS (INTEREST) ACT 1998 will be enforced.(d) Where a Client is a company and whether or not that company has gone into liquidation the individual directors will be responsible for all outstanding fees and costs in relation to the contract.
(a) Where extra expenses or times are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise .The Client shall give approval to and be liable to such extra expenses or fees, in addition to the fees and expenses shown on the Estimate as having been agreed or estimated.
(a) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
- CANCELLATION & POSTPONEMENT.
(a) A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a fee of cancellation or postponement.
- RIGHT TO A CREDIT.
(a) The Licence to Use requires that the Photographer’s name ‘D’ALMAINE’ will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). The Photographer also asserts his/her statutory and moral right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
- SUPPLY TO THIRD PARTIES.
(a) The licence only applies to the Client and product stated on the Licence to Use.
- ELECTRONIC STORAGE.
(a) Save for the purposes of production for the licensed use(s), the Photographs may not be stored or archived in any form without the written permission of the Photographer.(b) Manipulation of the image or use of only a portion of the image may only take place with the written permission of the Photographer.(c) Digital Data is stored by the Photographer on the understanding that the Photographer is not responsible for the future integrity of that data, or of any failure to retrieve data from the Photographer’s archive.
- APPLICABLE LAW.
(a) This agreement shall be governed by the Laws of England & Wales.
(a) These Terms and Conditions shall not be varied except by agreement in writing.
Wedding Photography Terms and Conditions
- The acceptance of the booking is based on agreement by the Client of D’ALMAINE’s standard terms and conditions as stated below.
- All photographic materials, including but not limited to digital negatives, digital and physical proofs, and previews, shall be the exclusive property of D’ALMAINE.
- The price of the wedding package is guaranteed at the time of the booking. All reprints, enlargements and extras not included in the package will be at the price current at the time of ordering.
- A booking fee of £500 (or as otherwise agreed) is required to be settled on the placement of the booking.
- The balance outstanding on the basic wedding price will be paid ONE MONTH prior to the date of the wedding.
- Any customer failing to notify the photographer of a cancellation less than SIX MONTHS prior to the wedding shall forfeit the booking fee and the same shall remain the property of D’ALMAINE.
- Colour photography is undertaken within the technical limitations of the process and certain colours may not necessarily be facsimile over the whole range of colours within a subject. Prints made a different times may be variable in colour balance. Please note that some fabrics such as two-tone taffeta/ satin react differently in some lighting conditions and can cause the colour of the dresses to change, giving incorrect colour beyond the photographer’s control – please discuss with the photographer if you are in any doubt as D’ALMAINE cannot be held responsible for the natural colour deviation which may occur.
- The Client is aware that colour dyes and inks used in photography may fade or discolour over time due to the inherent qualities of dyes and inks, and the Client releases D’ALMAINE from any liability from any claims whatsoever based upon fading or discolouration due to such inherent qualities. D’ALMAINE however promises to use all reasonable endeavours to minimise the possibilities of fading/discolouration over time, including the use of proven, reliable techniques and high quality photography materials.
- D’ALMAINE shall exercise all reasonable skill, care and diligence in the discharge of their duties. It is understood however, that in the event of any unforeseen exceptional circumstances outside the control of the photographer causing loss of photographic record, D’ALMAINE will only be responsible for the return of all monies paid to date, although every effort will be made to retake the photographs.
- The final collection of images presented to the client will not contain all images shot on the day as the photographer will carefully edit to remove blanks, missed expressions, duplicates and any other images not considered appropriate to the coverage. The photographer’s decision regarding inclusion of images is final.
- The photographer’s artistic interpretation including use of software to process images and conversion to black and white is final and the photographer shall not be expected to re-process any images once they have been presented to the client
- It is understood that the copyright of all and any photographs belongs to D’ALMAINE. Except in the case of digital files included in the package by prior agreement, no photographs may be copied or reproduced by any means photographic, digitally or otherwise by any person or machine other than by the photographer or their appointed agent. D’ALMAINE shall only make reproductions for the Client, their friends and family, or for D’ALMAINE’s portfolio, samples, self-promotions, company documents and website, blog, entry in photographic contests, art exhibitions or editorial use. D’ALMAINE shall not use the images for other purposes without first obtaining the written permission of the client.
- D’ALMAINE may agree by prior arrangement to accept pre-payment in instalments PROVIDED it is understood that the money is non-refundable in the event of a cancellation, although the amount paid can be used as credit against further photographic services offered by D’ALMAINE.
- Unless otherwise agreed in writing, D’ALMAINE shall be the exclusive photographer retained by the Client for the purpose of photographing the wedding. Family and friends of the Client shall be permitted to photograph the wedding as long as they shall not interfere with the photographer.
- A hot meal is to be provided for the photographer during bookings of over six hours.