Terms & Conditions
for portrait PHOTOGRAPHY
AGREEMENT
Upon payment of the Deposit and/or further payments including interim or balance payments for Services or Products, it is mutually agreed that these terms of agreement form an integral part of the Contract and that no variation or modification of this Contract shall be effective unless accepted by the 'Photographer' (E L Cooper ‘Lane’ of Lane & Grey) and the 'Client', in writing. (Note, with Deposit payment received and no return of a signed contract or acknowledgment given in another form to the Photographer, it will be deemed as acceptance and agreement of the Contract in full by the Client.)
1.1 Details - The Photographer
1.2 Details - The Client(s)
1.3 Portrait Session Details
1.4 Payment Breakdown
2. DEFINITIONS
2.1 In the conditions of this Contract the 'Photographer' shall mean E L Cooper ‘Lane’ trading as Lane & Grey and any secondary/assistant photographers appointed by Lane & Grey where applicable. The 'Client' shall be those whose names appear on the Contract (Section 1.2). This Contract is made as of [Current Date] (the 'Effective Date') between the Client and Photographer, each a 'Party' and collectively the 'Parties'.
2.2 The Parties have entered into this Contract where the Client engaged the Photographer to provide certain Services and deliverables ('Products'), as outlined in the Contract. Performance of Services is subject to the conditions below which cannot be varied in any way by Client unless such conditions are expressly agreed by Photographer in writing.
2.3 The Parties have entered into a photography Contract where the Client engaged the Photographer to provide certain Services and Products, as outlined in this Contract.
3. FEES, DEPOSIT and PAYMENT
3.1 Fees. Client will pay the Photographer the fees set out herein Section 1.4 ('Payment Breakdown'), which include any of the applicable:
Package Fee
Travel Expenses
Extras Fee
Total Fee for Services, separated into Deposit and Remaining Balance (see Sections 3.2 and 3.3)
3.2 Deposit. A Deposit is required at the time of booking and upon signing the Contract. The Session is reserved only once the Deposit is paid. Deposits are considered partially non-refundable (see Section 13.2, Cancellation below). Unless otherwise arrange Portrait Sessions have a Deposit fee of £45.
3.3 Remaining Balance. Full payment is to be completed no later than 48 hours following the Session. Please see Cancellation (Section 13.2) below for further details. Remaining Balance payments can be broken in the most convenient way to the Client, as long as the entire sum is paid 48 hours following the Session.
3.4 Payment Methods. The Client will be sent a secure digital invoice, payable with most popular credit and debit cards or via PayPal. Alternatively, Bank Transfer is also accepted (account details available upon request) or payment can be made through a PayPal Invoice sent from Lane & Grey.
3.5 Additional Costs/Expenses.
a. Postage. There will be no charge for delivering to a UK mainland destination, on the basis the charges are considered reasonable by the Photographer. Overseas postage will incur extra charges.
b. Travel. Additional travel to that included in a Package is calculated one way from AL7 *** to the location. Total Milage - Included Milage = Additional Mileage. Current Fuel Expense Rate x Additional Milage = £Fuel Expenses.
4. CREATIVE LICENCE/artistic release
4.1 Consistency. Photographer will use reasonable efforts to ensure that the Services are produced in a style consistent with Photographer’s current portfolio, and Photographer will use reasonable efforts to consult with Client and incorporate any reasonable suggestions.
4.2 Style. The Client acknowledges and agrees that:
a. Client has reviewed Photographer’s previous work and portfolio and has a reasonable expectation that Photographer will perform the Services in a similar style
b. Photographer will use their artistic judgement when providing the Services, and shall have final say regarding the aesthetic judgement and artistic quality of the Services; and
c. Disagreement with Photographer’s aesthetic judgement or artistic ability are not valid reasons for termination of this Contract or request of any monies returned.
4.3 The Photographer shall endeavour to photograph all subject matter as requested by Client, but no responsibility will be taken by Photographer should the subject matter not be available or willing at the time needed, or including but not limited to other factors such as available time and/or location of the subject matter or Photographer.
4.4 Due to changes of weather, and the availability and willingness of subjects Photographer will do their best to honour requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement.
5. COOPERATION
5.1 Communication. Client and Photographer consent to cooperate and communicate with the other Party to achieve the best possible result within the understanding of the Contract. Any last minute changes to the predetermined Session Plan (Section 5.2) that occur or are made, Client and Photographer must inform the other Party as soon as possible.
5.2 Information Exchange and Session Plan. Client and Photographer consent to be available for the exchange of necessary information and ideas to effectively create a Session Plan. Session Plans should include but are not limited to; Date of Session, Meet Time for Parties, Location.
5.3 Restrictions (Environmental, Travel and Venue Rules). Photographer’s movements are sometimes restricted due to, included but not limited to, infrastructure, highways, weather, private property, obstacles (fixed and mobile), security, local law enforcement, emergency services and instructions from the Land Owner or Venue Manager. The area from which Photographer is limited to may not be Photographer’s choice and therefore cannot accept responsibility for any partially or fully-obstructed view should this be the case. It is advised that Client make themselves aware of the rules of the venues concerned and if necessary negotiate with the people concerned.
6. photographY
6.1 Image Quantity. There is no upper limit to the number of digital images supplied by Photographer to Client. The number of images supplied will be a minimum of 40 images unless otherwise advised by the Photographer prior to or during the Session. Note that the number of photographs can be impacted by weather conditions, willingness of subjects, time available at the location and busyness of the general surrounding area.
6.2 Image Selection. All images that meet Lane & Grey’s high creative standards will be delivered to Couples’ Online Gallery. Images not supplied as a result of failing to measure up to those standards are deleted from the systems at the point of selection and are not stored in archive. This includes, but is not limited to, out of focus images, accidental camera firings, images ruined by the camera flashes of others, interference of any kind by “non-official photographers” or bystanders and images with other quality defects.
6.3 File Types. Digital Images will be supplied as a JPG files at a high resolution size and dots per inch format suitable for general personal printing. RAW files are not provided under any circumstances.
6.4 Editing and Retouching.
a. All images will be adjusted for exposure, brightness, contrast, sharpness, etc.
b. Photographer does not cosmetically alter any images without prior request. If requested, Photographer reserves the right to charge for re-touching work such as blemish removal, object removal or adjustments to clothes, etc. Rates provided upon request.
c. Photographer’s judgement regarding their corrections shall be deemed correct. Suggested amendments can be made by Client, but may not always be possible. There is no right to reject on the basis of style or composition.
d. Images delivered to Client will have all been edited in Lane & Grey’s signature style.
e. The Photographer cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres. It is sometimes impossible to record the exact colour as seen by the human eye.
7. information and file SAFTEY AND STORAGE
7.1 Reading Media. Once received, Client agrees to check their digital images/files. Any problems encountered reading the media must be reported to Lane & Grey within 2 weeks of delivery. After this period, Lane & Grey will presume Client have managed to read the images and generate suitable backups and it will be deemed safe for Photographer to archive the images, removing them from Lane & Grey’s ‘Active’ system.
7.2 Online Gallery. Photographs will be kept on Lane & Grey’s online server for a minimum of 6 months. It is the responsibility of Client to ensure the safe keeping and backup of their photographs once they have been presented to them. Lane & Grey has limited control over the management of these servers and systems, and Photographer cannot be responsible for technical support issues which are outside of their control.
7.3 Gallery Privacy and Security. Lane & Grey will not supply passwords to anyone enquiring to access a Gallery, as they cannot guarantee if Client wish to share their Gallery, so will direct all enquiries to Client.
7.4 Personal Information. The Photographer will store Client’s names and details on a private internal database. These details will not be made available to companies or individuals outside of Lane & Grey unless necessary for product design or delivery. Please refer to Lane & Grey’s Privacy Notice.
8. PRODUCT DELIVERY
8.1 Image Delivery. Edited digital images will be delivered 2 to 4 weeks after the Session unless otherwise agreed. Digital Images will be delivered via Online Gallery with password protection. Digital images can be downloaded for free by Client and family/friends they choose to share the gallery with.
8.2 Digital images are licensed for personal use only (please see, Sections 9 and 10).
8.3 Product Delivery. Following Digital Image/Gallery delivery, and confirmation no amendments are required, the Products included with the Session Package or purchased as an Extra will be posted to Client. Note some Products require personalisation and take a few weeks to create. Enquire for more information.
8.4 Product Postage. All items will be sent by recorded/tracked delivery, and may take up to 10 days from date of dispatch.
9. OWNERSHIP OF WORK BY PHOTOGRAPHER
9.1 The 1998 Copyright, Designs, and Patents Act assigns copyright to The Photographer.
9.2 Freedom of Use by Owner. Photographer retains the right to use all photographs in their Private Portfolio. The Client hereby allow Lane & Grey to use images taken whilst undertaking the Services outlined for their Private Online Portfolio, which may be sent to prospective clients to view but it not freely accessible to the public.
9.3 Right to Privacy. Lane & Grey would also like to use images for promotional purposes, including but not limited to public website portfolio, website advertising, social media, sample products etc. Lane & Grey respects Client’s right to choose how their images are displayed. Working in accordance with GDPR rules the Client is required to complete a Consent Release informing Lane & Grey of where they consent for their images to be displayed and used by Lane & Grey for the purposes of advertising or otherwise promoting their work. For more information refer to Lane & Grey's Privacy Policy.
10. LIMITED LICENSE TO CLIENTS
10.1 The Client may not alter or apply filters to the images covered under the Contract, or allow alterations to be made photographically, electronically, or by any other means, unless permission is given in writing by Photographer.
10.2 Client may not sell the photographs taken under this Contract under any circumstances.
10.3 License. A License is granted to images provided in high resolution for personal use only, sharing with friends and relatives, and making prints for personal use. Should further use be required an additional license is required in agreement with the Photographer.
10.4 Images cannot be used for commercial use or gain by Client or by any Third Party without the express written permission of The Photographer.
11. INDEMNITY AND LIMITATION OF LIABILITY
11.1 Indemnification.
a. Client agrees to indemnify, defend and hold harmless Photographer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to the Services and or Products the Photographer provides to Client.
b. Any direction issued by Photographer to Client and/or additional subjects during the course of the Session are deemed to be at the persons own risk. Photographer will be held harmless for any and all injury whilst providing photographic services and immediately surrounding events.
11.2 Force Majeure. Neither Party shall be held in breach of or liable under this Contract for any delay or non-performance of any provision of this Agreement caused by illness, emergency, fire, strike, pandemic, earthquake, or any other conditions beyond the reasonable control of the non-performing party (each a “Force Majeure Event”). The time of performance of such provision, if any, shall be deemed to be extended for a period equal to the duration of the conditions preventing performance. If such Force Majeure Event persists for more than 60 days, the party not affected by the Force Majeure Event may terminate the Agreement and any prepaid fees for Services not performed (other than the Deposit or monies for Personalised Products) shall be returned within 15 days of the date of termination of the Contract.
11.3 Failure to Deliver .
a. Photographer shall not be held liable for delays in the delivery of such Products, or any Products undeliverable, due to technological malfunctions, service interruptions that are beyond the control of Photographer (including as a result of delays in receipt of instructions from Client) and for Products that fails to meet the specifications set out in Section 1.3 due to the actions of Client or Session Attendees.
b. In respect of Services and Goods provided to Client electronically, Photographer shall have no liability arising out of:
i) The colour accuracy of electronic digital data images downloaded or reproduced from digital files; Couple shall be responsible for checking and approving of the quality of all digital data images/photographs provided by Photographer prior to printing.
ii) Corruption, distortion, partial or total loss of electronic digital data images from digital files provided by Photographer; Couple recognises and understands that according to the current status of technological development, error-free use of hardware, software and other user interfaces cannot be guaranteed.
iii) Degeneration of stored electronic digital data image quality, partial loss of stored electronic digital data image quality or total loss of electronic digital data images stored on digital files.
11.4 Maximum Liability. Notwithstanding anything to the contrary, Client agrees that Photographer’s maximum liability arising out of or related to the Services or the Products shall not exceed the total Fees payable under this Contract.
11.5 Insurance. Copies of Photographer's Insurance Documents will be supplied upon request to Venues and/or Suppliers.
12. HARASSMENT POLICY
Ensuring the appropriate behaviour of all Session Attendees shall be the responsibility of Client. In the event Photographer experiences any inappropriate, threatening, hostile or offensive behaviour, or feels at risk to their person or equipment, from any attendee, or from persons in the vicinity of the Photographer reserves the full right to end wedding coverage immediately and leave, with Client being advised verbally at the time and a formal written statement within 48 hours. The Photographer shall be entitled to retain all monies paid and Couple agrees to not hold the Photographer responsible as a result of incomplete Services.
13. TERM AND TERMINATION
13.1 Term. This Contract will begin on the Effective Date and continue until the latter of (i) the date where all outstanding Fees under this Contract are paid in full; or (ii) the date where all final Products have been delivered (“Term”).
13.2 Cancellation.
a. If the Photographer has to terminate this Contract ('Cancellation') for reasons beyond their control, (death, injury, sickness, etc.), their liability shall be limited to a full refund of all monies paid. Services or Products already supplied or personalised will however be considered when calculating the refund.
b. Should Client have to make a Cancellation, and/or reschedule the Service ('Rescheduling') or forfeit their Session by not paying the balance due as agreed, as compensation for loss of income to Photographer the following charges apply as presented in this contract at the time of the cancellation:
i) 6 days or less before the Session - 100%
ii) 7 days or more before the Session - 0% (refer to Section 13.2.c for more info)
c. In the event of Photographer taking another booking for your cancelled date a refund of monies paid shall be made, with the following exception. A base rate Admin Fee of £25.00 is always applied and will be retained by The Photographer. Should monies be owed to Photographer as a result of the cancellation Client will be notified and payment will be due within 14 days.
d. Should the cancellation turn out to be a postponement, then, subject to Photographers availability, all money paid may be applied to the new Session Date. In this case, the total fee chargeable shall be Photographers rates at that time and will be due 7 days before the re-arranged date. Should a new date not be advised to Photographer in writing within 4 months of the original date, then the Session will be considered a cancellation and payments due in accordance with the cancellation charges above, taking the original booked wedding date as the reference date.
e. Please note that any alterations made to the booking by Client once details have been confirmed may only be made at the discretion of Photographer and in some circumstances (such as the change of date) Photographer may be unable to accommodate these alterations due to a conflict of commitments. Under these circumstances Photographer is not liable to compensate the Client.
14. FEEDBACK PROCEDURE
Please address any feedback to Photographer in writing (see Section 1.1 for address). In any instance Lane & Grey reserve the right to advise their insurers legal department of any formal complaint made against Photographer, of which should the complaint outcome to be found in favour of Photographer, any fees, expenses or recordable losses resulting from the complaint, (such as insurance excess payments), will be considered as liable to be paid by Client and reimbursed by Client to Photographer in full within 14 days of the finding.
15. GENERAL
15.1 Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:
Photographer’s Email: ______________
Client’s Email: ______________
15.2 Survival. Section 7, 9, 10 and 11 will survive termination of this Contract.
15.3 Governing Law. This Contract will be governed by the laws of England.
15.4 Amendment. This Contract may only be amended, supplemented or otherwise modified by written agreement signed by each of the parties.
15.5 Entire Agreement. This Contract constitutes the entire agreement between the Parties with respect to the Services and supersedes all prior agreements and understandings both formal and informal.
15.6 Severability. If any provision of this Agreement is determined to be illegal, invalid or unenforceable, in whole or in part, by an arbitrator or any court of competent jurisdiction, that provision or part thereof will be severed from this Agreement and the remaining part of such provision and all other provisions will continue in full force and effect.
16. RIGHT TO CANCELLATION
Please note the Client’s Right to Cancel any Contract within 14 days of signing, providing that no personalised work or order has already been undertaken by Lane & Grey on behalf of the Client.