Thanks for choosing me as your portrait photographer – I’m looking forward to working with you. Just so we all understand one another, please take time to read the attached terms and conditions:
1. The terms 1.1 In this document ‘you’, ‘your’ and similar refer to the client commissioning the professional portrait photography. 1.2 ‘I’, ‘my’, ‘I’ll’ and similar refers to Sharon Mallinson professional portrait photographer, of Symply Photography. 1.3 ‘Pictures’, ‘images’, ‘photography’ and similar include any photograph, transparency, negative, digital scan or any other image capable of being reproduced. 1.4 ‘Reproduction’ means any form of publication or copying of the whole or part of any picture, altered or not.
2. Copyright and reproduction of your professional portrait photography 2.1 I retain copyright in all my work. When you ask me to be your professional portrait photographer we will agree the extent to which you can reproduce that work. 2.2 In any event, you may only reproduce images:
i) Once you’ve paid me for them in full ii) If they include a credit to Symply Photography iii) To the extent we agree
2.3 Reproduction is not exclusive to you unless we agree this and I specify the same in writing. This could be by email. 2.4 If you wish to amend the terms of your licence to reproduce your portrait photography you will agree any amendment with me before you reproduce any such images. A fee may be applicable for widening the terms of licence. 2.5 You may not in any way assign your reproduction rights to any third party unless:
i) Assignation is an agreed part of your licence to reproduce; or ii) You have my express written permission. A fee may be applicable.
2.6 I reserve the right to refuse permission to amend or assign any licence. I usually won’t refuse, but you know… just in case. 2.7 If you don’t credit me as author of any picture I’ve created, or reproduce any of my pictures without licence, or in excess of the terms of the licence, you will be liable for a fee no less than the original commission fee. It’s always cheaper to agree fees with me first so please do. 2.8 I can use the images I take for you as part of my promotional and marketing material, both printed and online. If you’d rather I didn’t do that please tell me.
3. Cancellations and/or postponement of your professional portrait photography 3.1 Please notify me of any postponement of your portrait photography shoot as soon as you can. 3.2 Cancellation of a photo shoot made more than two weeks before the date of the shoot will incur loss of deposit but no further fee. Cancellation of a professional portrait photography shoot between 1 and 2 weeks from the shoot date will incur a fee of 50% of the booked rate. Cancellation within 1 week of the agreed date will incur 100% of the fee.
4. What you get 4.1 Prior to the shoot we will discuss your project and/or you can provide me with a written brief. 4.2 I’ll show you what I consider to be the best results of the shoot. Unless we’ve agreed beforehand you won’t see everything I’ve taken. 4.3 We’ll discuss your preferred shots and I will make any amendments to meet the terms of the initial brief. Changes not forming part of the initial brief will be charged at £50 per hour.
5. Liability and indemnity 5.1 I’ll take every care in carrying out your portrait photography but I won’t be liable for any loss or damage you or any third party suffers as a result of using or reproducing any picture I take. 5.2 You must satisfy yourself that you have all necessary rights, model releases or consents which may be required for reproduction. You indemnify me against any loss as a result of failing to obtain any such release or consent. 5.3 As your professional portrait photographer I take great care to prevent the loss of, or damage to, your images. I back up digital images to separate storage media throughout the shoot. Duplicate equipment is on hand in case of breakage or failure. Although extremely unlikely, the possibility of images being lost, stolen or destroyed for reasons beyond my control does still remain. In these circumstances my liability is limited to the return of fees paid for the service or part thereof according to the percentage of original images I’m able to supply.
6. Illness 6.1 If I am too ill or injured to carry out your professional portrait photography and I cannot supply the services we have agreed, I will do everything possible to reschedule or book a replacement photographer. If I cannot find a replacement photographer liability is limited to a refund of any payments received.
7. Payment 7.1 You can pay me by BACS or cheque, cash or card. You’ll receive full payment details with my invoice. 7.2 You will settle the balance of your account within 28 days of receipt of my invoice. 7.3 If you do not pay within the 28 day period I reserve the right to suspend any ongoing work, revoke any usage licences and inform any 3rd parties affected by the suspension of the reasons for it.7.4 Products and deliverables must be paid for in full before they can be released – part orders will not be released.
8. The law 8.1 These terms and conditions are subject to and constructed according to English Law.