TERMS AND CONDITIONS – Gary Hill Photography
- The following words or expressions shall have the meanings stated:
“the Photographer” means Gary Hill trading as Gary Hill Photography unless subject to condition 5.2 “the Customer” means the person identified as the customer on a Booking Form. “Booking Form” means a form (whether or not printed on the reverse of these Terms and Conditions) completed by the Customer by which the Customer instructs the Photographer to create Material. “Material” means all photographs, prints, transparencies, images, negatives, digital scans, digital files, design, artwork, montages, drawings, engravings and/or any other photographic product or other product comprising or containing reproduction of any form of photographic material, and which has been created by the Photographer. “Order” means any request, order, commission or instruction by or on behalf of the Customer for creation of Material by the Photographer. “Price” means the price for an Order as set out on a Booking Form.
2. Any work of any description undertaken by the Photographer pursuant to an Order shall be subject to these Terms and Conditions.
3. Copyright in all Material is retained worldwide by the Photographer at all times and nothing shall be deemed as a release, transfer or other disposal of the Photographer’s rights in the Material, save as:
3.1 specifically set out in these Terms and Conditions or
3.2 may otherwise be agreed by the Photographer.
4. In consideration of the Price the Photographer will undertake such work as is necessary to fulfil the requirements of an Order.
4.1 In consideration of the Photographer’s agreement in paragraph 4. above the Customer will pay the Price in accordance with the provisions set out in paragraph 5 below.
5. An Order shall be subject to the following provisions:
5.1 The Photographers liability shall be limited to a full refund of any booking fees and fees paid by the Customer for any failure, in whole or in part, to fulfil his obligations under an order where failure arises as a result of an event or circumstances beyond his control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury. Re-shoots may be arranged if practicable but the photographer will not be responsible for any further costs.
5.2 The photographer will endeavour to appoint other photographer/s in the unlikely event that he is unable to attend a booking. However it may prove difficult or impossible to find a skilled replacement photographer at short notice or at the same price.
5.3 If the Clients should have to cancel a booking the following cancellation fees will become due immediately:
- The Clients are entitled to a full refund of the £150 booking fee if they withdraw within 14 days of booking.
- The booking fee of £150 will be forfeited on cancellations made after 14 days. Cancellations made within one month of the wedding incur the full cost of the basic photographic service booked, including optional additional attendance.
- Where the photographer is able to rebook the date with an equivalent booking, the cancellation fee will be reduced to the non-refundable booking fee only and any additional cancellation fees already paid will be refunded accordingly.
- In the event of postponement, then at the discretion of the photographer and subject to availability, monies other than the booking fee may be applied to the new wedding.
- The Photographer and the Customer further agree that that the Photographer cannot be held responsible for any specific image that may not be delivered. Client acknowledges and understands that Photographer uses a photo journalistic approach to the assignment with some prearranged or posed shots. Any failure by the Photographer to deliver any specific image shall not be a breach of this agreement, shall not result in a refund of any money paid by the Customer to the Photographer and Photographer shall not provide any other remedy to Customer. The Photographer shall be entitled to use his judgement regarding the style and artistic input in the production of material.
7. The Photographer cannot perform the assignment without the cooperation of the client/s. In the event that the photographer is unable to deliver a portion of the work or other goods required under this agreement, due to a failure of the client to cooperate or to provide necessary approvals regarding the work or other goods to the Photographer, then the photographer shall not be obligated to deliver that portion of the work or other goods to the client/s until such approvals have been made.
8. Unless specifically otherwise agreed in writing between the photographer and the customer, the photographer is entitled to utilise material ordered by the customer for the advertising, marketing and promotion of the photographer’s business.
9. The photographer shall deliver an invoice for the price to the customer and the customer shall pay the price (or any balance of it) within 30 days of the date of the invoice.10. The contractual relationship between the photographer and the customer shall be governed by the laws of England.
11. An order, as evidenced by information on the booking form and as governed by and together with these Terms and Conditions shall form the entire agreement between the photographer and the customer, save as otherwise agreed in writing.
Gary Hill Photography