Photography Contract / Photo Shoot Terms & Conditions
The purpose of this contract is to record the terms agreed for a photographic assignment (the “Assignment”)
All contracts and transactions between the Photographer and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Photographer and all or any of its Clients.
The terms of this Agreement are:
“Assignment” means a piece of work to be undertaken by the Photographer under the terms of this agreement which is fully described as to terms and scope in, The Assignment, detailed under section 3 of this contract.
“Fee” means all money payable by the Client to the Photographer, however described, for work on the Assignment.
“Images” means video or single photographic images taken by the Photographer and recorded in any medium.
“Model Right” means any right of a person to the privacy of their child, pet / animal or personal image or other feature by which they could be identified. It also means a similar right in respect of any building or thing owned by any person.
2.1 This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties, except when the Client makes an online order on the Photographer’s website, when all terms and conditions listed on the website will also apply along with this agreement.
2.2 Each party acknowledges that, in entering into this agreement, they do not rely on any representation, warranty, information or document or other term not forming part of this agreement.
The Assignment is to cover the following event:
3.1 1-2 Hour Photo Shoot for or duration of event
3.3 Scheduled start time:
3.4 Media: Downloadable high-resolution digital jpeg files of the shoot will be delivered on completion.
3.5 Location one:
3.6 Location two:
4.Price and payment
4.1 PAYMENTS: THE CLIENT agrees that 50% deposit is required at the time of contract (unless otherwise agreed between parties) acceptance and 100% of the remaining balance is due one week prior to THE CLIENTS shoot date. For any locations that are more than a 50-mile round trip from Chichester, West Sussex, an additional 45p per extra mile will be charged.
4.2 Deposit should be paid within 48 hours after the Photographer has sent the Client an email with details how to pay and confirming the proposed booking details. This deposit Fee needs to be paid to secure the booking and date. It also confirms that the Client agrees to this, Photography Contract / Photo Shoot Terms and Conditions and the contract will then become binding. Non-payment or payment not made deposit Fee, within 48 hours will forfeit the proposed booking. The remainder of the balance including any additional mileage costs can be paid at the same time as the deposit Fee or will need to be paid at least 7 days before the photo shoot Assignment is due to take place. Non-payment of the remaining balance, within 7 days of the photo shoot Assignment, will cancel the booking and the Photographer will retain the deposit Fee.
4.3 FINAL DELIVERY: Shutters Photography and Shutters Monochrome will deliver the digital format completed. Shutters Photography and Shutters Monochrome will deliver a CD with the high-resolution images as defined within the CLIENT’s chosen package. High resolution prints of these images can be ordered from Shutters Photography and Shutters Monochrome at the specified tariffs.
4.4 If the photo shoot Assignment is to take place within 7 days at the time of booking, the full Fee must be paid into the Photographer’s bank account or PayPal before the photo shoot Assignment or paid by cash on the day, as per the Photographer’s request.
5. COMPLETION SCHEDULE: The editing process can only start once Shutters Photography and Shutters Monochrome after the first day of a working week. Editing processing takes up to approximately 2 weeks. Client will be contacted for arrangement of delivery.
5.1 The Photographer cannot accept liability for loss or damage caused by a third party.
5.2 The Photographer shall not be liable for any delays in meeting any of their obligations which were due to causes beyond reasonable control including but not limited to; postage/courier/ war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit.
6.Cancellation and Postponement of agreement
6.1 If the Client cancels at least 7 days before the date of the photo shoot Assignment and the 14-day cooling period has passed, the Photographer will retain the deposit Fee and refund any additional Fees already paid (if applicable), within 14 days of the notification to cancel.
6.3 If a Client cancels when the Photographer is on their way to the Assignment, the service has commenced and therefore the deposit Fee, an additional £90 and all reasonable travel costs and time, will need to be paid to the Photographer as compensation. The Photographer will advise of the total amount of the compensation and it will be limited to the total cost of the photo shoot Assignment Fee. The amount to be compensated will be deducted from any refund given to the Client. Any refund due to the Client will be processed within 14 days. If the Client was due to pay the photo shoot Assignment Fee at the photo shoot location this compensation amount will need to be paid to the Photographer within 14 days of the date the photo shoot Assignment was due to take place.
6.4 The postponement of the photo shoot Assignment may incur an additional 10% – 25% charge of the Assignment Fee at the discretion of the Photographer.
6.5 The Client must contact the Photographer by telephone or email to confirm a cancellation or postponement without delay.
6.6 In the unlikely event that the Photographer cancels due to reasons such as, but not limited to, illness, transport issues, an alternative date will be arranged, or a full refund offered for any Fees already paid, payable within 14 days. No further loss whether indirect, consequential or otherwise, will be due to the Client.
7.1 The entire copyright in the Photographs / Images is always retained by the Photographer throughout the world. Unless a copyright release is given.
8.Ownership of Materials
8.1 Title to all Photographs / Images remains the property of the Photographer.
9.The Licence of Images to Client
9.1 The Client acknowledges that the Photographer owns all rights, copyrights, title and interest to the Images and that the Client has no right to use any of them outside the express terms of this agreement.
9.2 Money paid to the Photographer includes a Fee for the grant of a licence in the terms of this agreement. The licence arises only after the Client has paid the Photographer the money due under this agreement.
9.3 The licence given to the Client is for personal use only, and is irrevocable, non-transferable and non-sub-licensable. For each use outside of the Licence, (including but not limited to, advertising, use in magazines) permission must be granted by the Photographer in writing and may be subject to a further Fee and credit given to the Photographer. Permission must be granted by the Photographer in writing and the Fee paid, before such further use.
9.4 The licence is restricted so that unless the Photographer gives written authorisation, the Client may not copy, edit or manipulate any Image created by the Photographer, nor permit any other person to do so, without the Photographer’s permission in writing.
9.5 So far as any goodwill is generated by the Client’s use of the Images it shall accrue to the benefit of the Photographer.
9.6 The Photographer reserves the right to use and reproduce Images created during the Assignment for marketing, promotional, portfolio, competition and editorial purposes, including but not limited to, use in magazines and websites, at any time and in any part of the world. The Photographer will aim to keep these Images safe from any malicious activity but cannot be held liable or accountable for malicious actions carried out by persons other than the Photographer.
10.Licence of “model” rights to Photographer
10.1 The Client warrants that they have obtained all Model Rights necessary to enable the Photographer to carry out the Assignment and now agrees to indemnify the Photographer against any cost or claim by any person arising out of photography of any person or thing at the photo shoot Assignment.
10.2 The Client agrees that the Photographer may use the Client’s Model Rights in the form of Images taken in this Assignment to market the Photographer’s business, such as, but not limited to, use on the Photographer’s website or social media sites.
11.1 To take photographs as per the Assignment.
11.2 Images will be edited according to the moment captured and the Photographer’s artistic interpretation and will be deemed to be correct. No specific Image or results can be guaranteed.
11.3 The Photographer will provide a minimum of 25 Images that can be downloaded as digital jpeg files. There are usually a lot more Images than this, however, no extra Images will be guaranteed.
11.4 If the Photographer is unable to provide a minimum of 25 Images, a partial refund of the Fee (or a full refund if no Images can be provided), at the discretion of the Photographer, will be paid to the Client (payable within 14 days of confirming) or a free re-shoot offered (unless it is due to circumstances out of the Photographer’s control).
11.5 Images may only be kept by the Photographer for 2 years from the date the shoot. Replacement DVD will be at a charge of £20
12.Limitation of liability
12.1 All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warranty or term cannot be excluded, then this sub paragraph will be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
12.2 The Photographer shall not be liable to the Client for any loss or expense which is:
12.2.1 indirect or consequential loss; or
12.2.2 economic loss or other loss of turnover, profits, business or goodwill; or
12.2.3 loss of amenity represented by the Client having no visual record of an Event.
12.2.4 loss or damage suffered by the Client as a result of an action brought by a third party.
The above provisions apply even if such loss was reasonably foreseeable or the Photographer had been advised of the possibility of the Client incurring it.
12.3 In any circumstance, the liability shall be limited to the total value of the contract, which is price quoted and sign at contract date. The Photographer shall not be liable for any indirect or consequential loss.
12.4 This paragraph (and any other paragraph which excludes or restricts the liability of the Photographer) applies to the Photographer’s employees, subcontractors and agents who may enforce this clause under the Contracts (Rights of Third Parties) Act 1999, as well as to the Photographer himself.
13.1 Any directions issued to Client, 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.
14.1 Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond their reasonable control.
14.2 If any uncontrollable event delays or prevents the performance of the obligations of either party for a continuous period of more than 28 days, the other party may give notice to terminate this agreement.
14.3 A termination notice is irrevocable unless both parties agree to re-instate this agreement.
14.4 The party claiming the uncontrollable event will take all necessary steps to perform this agreement despite the uncontrollable event.
14.5 In the event of technical failure, such as, but not limited to, camera malfunction, SD card failure or computer error, a free re-shoot or full refund (payable within 14 days of confirming) will be offered to the Client. No further loss whether indirect, consequential or otherwise, will be due to the Client. The Photographer’s liability shall be limited to a full refund of any Fees paid.
14.6 If adverse weather prevents the photo shoot Assignment taking place, an alternative date will be arranged at no additional cost to the Client and no refund or loss whether indirect, consequential or otherwise, will be due to the Client.
15.1 If a refund is being given to the Client by the Photographer for the Photo Shoot Assignment Fee, this will be refunded by bank transfer and therefore the Client must provide the necessary information when applicable. The Photographer will be unable to refund within the 14-day period of notification, if the Client does not provide the necessary details. If the necessary bank details for the refund are not provided straight away, the Photographer will refund the Client within 14 days of the Client providing their bank details. Under extreme circumstances, the Photographer will send a cheque refund, but the Client must provide their postal address for this.
15.2 No amendment or variation to this agreement is valid unless in writing, signed by each of the parties or their authorised representative.
15.3 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then they shall be treated as changed or reduced, only to the extent minimally necessary to bring them within the laws of that jurisdiction and to prevent them from being void and they shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
15.4 Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
15.5 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver nor indicate any intention to reduce that or any other right in the future.
15.6 The parties agree that electronic communications satisfy any legal requirement that such communications be in writing.
15.7 In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
15.8 This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of the directors, officers, employees, subcontractors, agents and affiliated companies of a party, may be enforced under that act.
15.9 Any communication to be served on either of the parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by fax or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
15.10 The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and the parties agree that any dispute arising from this agreement shall be litigated only in England and Wales.
16. Photoshoots involving children- photos will only be taken if with family member and must have contract form signed by parent/carer, if at any point contract is breached then we have the rights to defer or cancel. Any inappropriate behaviour will be reported to police. At all children shoots there will be 2 photographers 1 female 1 male. These measures are to ensure safety and protection of children.
17. Pet and Animal Photography shoot it is the responsibility of the owner of their pet/animal – if in unlikely event of photographer being hurt by pet/animal it will be the owner’s responsibility and be liable for compensation and any other expenses.
18. Shutters Photography and Shutters Monochrome will not tolerate verbally or physically abusive behaviour, nor will it share its time or compete with guest photographers for the attention of the subjects. Unchecked guest conduct that interferes with photography may seriously affect the quality of the photographs taken and increase the number of times photos must be re-taken. If THE CLIENT is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the photographer, it will result in the early or immediate departure of the photographer. The client understands that in such event, no refunds will be granted, and the Client will be fully liable for all damage caused to equipment, including the cost of repair or (where repair is not reasonably possible) replacement.
I have read and understood the terms above. I hereby agree to the terms of this agreement.
All material on these pages, including without limitation text, logos, icons, photographs and all other artwork, is copyright material of Shutters Photography and Shutters Monochrome, unless otherwise stated.