Terms & Conditions – Model Call
Terms & Conditions
This Agreement is made effective for all purposes in all respects as of today’s date and is between both parties, the “Client” and “Company”, for the purpose of the booking & “Coverage” as specified at the start of the contract. The “Client” also extends to all participants within the photography session.
This agreement contains the entire understanding between the Company and the Client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
A signed booking form is required to reserve the dates and times of the session.
Sessions that are postponed to a later date will retain any fee as long as the photographer can re-schedule for the new date and time. However, if rescheduling a cake smash is requested less than 7 days before the session it is likely the cake may be in the process of being made therefore the fee for replacement of the cake of £30 will be due.
The Client may cancel this contract at any time by giving written notice to The Company but in doing so shall forfeit any monies paid. All cancellations must be in writing. If there is a breach of contract by the Client, the booking fee is non-refundable.
Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All orders must be expressed in writing or purchased through the Company’s website. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from the Company.
Event Schedule & Shooting Time
The Client and the Company agree in advance the length of shooting time and coverage for session required as specified above. If the client arrives late this will eat into the pre-arranged time of the session.
Capture and Delivery
The numbers of images provided in exchange for time given on a model call is 3.
The Company is not liable to deliver every image taken. The determination of images delivered to the Client is left to the discretion of the Company.
All image sizes are nominal. The Company will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres. It is impossible to record on film or digitally the exact colour as seen by the human eye.
Due to limitations of computer monitors and variations of computer operating systems, it is understood that images viewed via this method may appear differently according to the specification of each monitor/computer and that prints may not match images rendered on any particular computer monitor.
Images are delivered in a high resolution format as JPEG’s, no RAW or NEF files will be provided due to copyright implications.
All final images will be delivered within 3 weeks via a private online gallery. Other formats requested are at an additional charge.
Physical items are checked prior to delivery. However, it remains the responsibility of the Clients to check for in-transit damage. The Photographer(s) cannot be held responsible for damage to equipment resulting from defective media.
Post Production Editing
The final post production and editing styles, effects, and overall look of the images are left to the discretion of the Company.
The photographs produced by the Company are protected by Copyright Legislation (all rights reserved) and may not be reproduced in any manner without the Company’s explicitly written permission. If the Client has purchased “Digital Images” from the Company, upon final payment by the Client, an indefinite license is issued for the resulting images to the Client. Granting the Client permission to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered. The Client may also print and reproduce the images in any way they wish.
The Client must obtain written permission from the Company prior to selling the photographs.
I hereby give the Company consent to take these images as specified of the client’s mentioned in the above booking confirmation and to hold these images on file. Your personal data will be held only for the purposes of executing this contract. Your data can be deleted upon request.
The Company has the right to display photographs from this contract in the Company’s studio, website, portfolio, literature, competitions, adverts, social media and any other purpose and in any manner or medium; to alter the same without restriction; and to copyright the same without restriction.
Limit of Liability
In the unlikely event that the assigned photographer from the Company is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the Company, the Company will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the session
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the Company’s control, including but not limited to camera, hard drive, or equipment malfunction, the Company liability is limited to the return of all payments received for the session.
The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of minimum photos guaranteed. The Company is not liable for the loss of images beyond the lesser of the final delivery of all products.
The Company reserves to right to terminate coverage and leave the location of the session if the photographer from the Company experiences inappropriate, threatening, hostile or offensive behaviour from person(s) at the session; or in the event that the safety of the photographer from the Company is in question. Any directions issued to Clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
All complaints should be raised by the Client directly to the Photographer in writing within 14 days of the occurrence which gives rise to the complaint. The Photographer will consider the complaint and shall provide a response to the Client within 14 days of receipt of the Complaint. In the unlikely event of an unresolved complaint the Client may request the Guild of Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.