Terms and conditoins
photography agreement with qvision
In the following terms & conditions “The Photographer” shall mean Qing He trading as QVision Photography. “The Client(s)” shall be those persons defined in client box on the booking form. These terms and conditions cannot be varied in any way by the client(s) unless such conditions are expressly agreed by the photographer in writing.
RETAINER FEE: A non-refundable retainer fee of £50 is required at the time of booking. The reservation is deemed to be secured only when this retainer fee is paid and the contract is signed by both The Client and The Photographer. The retainer forms part of the total cost of your package and is deducted when calculating the final balance due.
BALANCE PAYMENT: Payment for any outstanding balance is due in full NO LATER THAN TWO WEEKS prior to the contracted date. You MUST allow sufficient time for cheque clearance. Non-receipt of the full balance by the due date will be deemed cancellation of the contract by The Client.
ADDITIONAL PAYMENT: All additional goods must be paid for in full on ordering. This includes extra prints, albums, special editing and enhancement of images, high-resolution digital files, and any other services ordered after the event.
Please make cheques payable to QVision Photos.
PRICE & EXPENSES
PRICE: The Photographer agrees that the agreed price will not be subject to any subsequent rises within The Photographer pricing structure. Reprint prices are subject to change without notice.
ADDITIONAL EXPENSES: The Client will be liable to pay any additional expenses incurred by The Photographer not already included within the contract price. This includes for example access fees charged by some venues, and dispatch of prints, discs, albums and other products to non-UK addresses. Additional expenses are to be paid no more than 14 days after receipt of invoice.
TRAVEL EXPENSES: Return journeys in excess of 50 miles attract a mileage charge of 50p per mile. Travel between locations will also be included. The London congestion charge, parking fees and toll charges will be included if applicable. Travel expenses are to be paid no more than 14 days after receipt of invoice.
ARTISTIC LICENSE AND COVERAGE
ARTISTIC LICENCE: The Photographer shall be granted creative and artistic license in relation to the choice of locations, poses used and processing of images. The Photographer’s judgement on photographic style, locations, poses and the number of photographs taken shall be deemed correct. Photographs taken during the course of the event will be at the discretion of The Photographer.
COVERAGE: Due to the changes of the weather and the willingness of the subjects it may not be possible to capture all of the images requested by the Client. Although every effort will be made to comply with The Client’s requirements, The Photographer does not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement.
PRINT COLOUR: The Photographer will seek to provide a pleasing colour balance but cannot guarantee exact colour matching. Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs. Please note that certain colours do not reproduce exactly in print. It is understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not be identical over the whole range of colours within a subject. It is also understood that prints made at different times or in different sizes may be variable in colour balance.
PRINT SIZE: All print and presentation sizes quoted are approximate and subject to the discretion of The Photographer.
DIGITAL FILES: Where digital files have been provided as part of the contract, they will be provided as JPEG files or slideshow as appropriate, on either CD or DVD. When JPEG is digital files format, The Photographer should supply two sets of digital photographs – Print-Ready photographs and Web-Ready photographs. Print-Ready photographs are optimised for print and Web-Ready photographs are optimised for web/screen viewing. Web-Ready Photographs are watermarked to protect against Internet theft. The Photographer is not liable for any incompatibility that may be incurred in playing back such images due to the client’s equipment nor the visual presentation of prints obtained from such files owing to the incorrect use of colour profiling on The Client’s or third party’s equipment.
MONITOR COLOUR: Due to the limitations of computer monitors it is understood that images appear differently according to the specification of each monitor and prints will not match images rendered on any particular computer monitor.
RETOUCHING: The Photographer will use their judgement in utilising retouching and image manipulation where appropriate. The Photographer reserves the right to deal with specific requirements as additional work.
COPYRIGHT: The 1998 Copyright, Designs, and Patents Act assigns copyright of the photographs to The Photographer. Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by this Act. It is contrary to this Act to copy or allow to be copied photographically / electronically or by any other means an image created as part of this contract without the permission of the Photographer in writing (Client License).
CLIENT LICENSE: Where digital files have been provided as part of the contract, upon payment, The Photographer grants The Client a non-transferrable limited license to copy, print and distribute the digital images for personal and self-promotional use only. The Print-Ready Photographs are not permitted to put online for public viewing. Web-Ready Photographs are granted license to put online for public viewing as they are protect by watermarks.
PHOTOGRAPH DISPLAY: The Client hereby allows The Photographer to display any photographs covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, exhibitions, competitions, sample albums and prints, venue and other vendor samples, and other such material, providing that the images used are used lawfully.
The client hereby grants to The Photographer and its legal representatives and assigns the irrevocable and unrestricted right to use and publish photographs of The Client and/or his or her family or in which The Client and/or his or her family may be included, for editorial, display, portfolio, trade, advertising and any other purpose and in any manner and medium; to alter the same; and to copyright the same. The client hereby releases The Photographer and its legal representatives and assigns from all claims and liability relating to said photographs. The Client signing this contract warrants that he or she has the actual authority to agree to the use of the likeness of all persons included in the photographs in this manner and shall indemnify and defend The Photographer in the event of litigation arising out of such use.
SESSION GUIDE: The Client will be responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photographs are desired. The Photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying or gathering people for The Photographer. The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to The Photographer.
OTHER CAMERA, AUDIO AND VIDEO EQUIPMENT: The Client should ensure your party not using any camera, video or audio recording device while the session is still under way. This includes mobile phone and iPod, etc.
TERMINATION: The Photographer reserves the right to terminate any session due to any failure of The Client to adhere to the requirements set forth in this contract or if the model(s) being photographed are unwilling to be photographed or if anyone in the session is behaving in a manner that The Photographer deems inappropriate or inconsistent with the purposes of the session. In the event of any such termination, The Photographer may offer to schedule a new session in its sole discretion; provided, however, that it is under no obligation to do so. Under no circumstances will the session fee be refunded.
The Photographer will be under no obligation to display the images while the session is still under way.
FORCE MAJEURE AND LIMIT OF LIABILITY:
FORCE MAJEURE: In the unlikely event of total or part photographic failure, death, injury or illness, accident or other unforeseen event beyond the Photographer’s control, The Photographer will make every effort to reschedule the event. If for whatever reason this is not possible, The Photographer’s liability shall be limited to a full refund of all monies paid and The Photographer shall not be responsible for other consequential damages, emotional or otherwise. Your statutory rights are not affected.
LIMIT OF LIABILITY: The Photographer takes the utmost care with respect to exposure, transportation, processing and archiving the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons beyond The Photographer’s control, The Photographer’s liability shall be limited to a full refund of all monies paid. This imitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of The Photographer.
The Client is responsible for The Client’s conduct at all times. Any breakage or damage to equipment is the sole financial responsibility of The Client. The Client agrees to hold The Photographer harmless for any injuries or damages sustained preceding, during and immediately following a session. In the event The Client’s behaviour becomes abusive to The Photographer, the session will be cancelled and all payments forfeited to The Photographer.
RESCHEDULING OR CANCELLATION:
RESCHEDULING DUE TO WEATHER: Rescheduling due to extreme weather is subject solely to the interpretation and discretion of the photographer.
RESCHEDULING BY THE PHOTOGRAPHER: If the Photographer has to reschedule the session and for whatever it is not able to reach a new agreement, The Photographer’s liability shall be limited to a full refund of all monies paid.
RESCHEDULING BY THE CLINET: The Client may reschedule the session by sending a written notice to The Photographer. If The Client reschedules the session with at least seven days pioneer to the session date, rescheduling is free of charge. Fail to do that a retainer fee of £50 of will be reapplied.
The new session date shall not be later than 6 months after the original session date. At the discretion of The Photographer and subject to availability, all money paid may be applied to the new session date. In this case, the total fees chargeable shall be the fees that apply at that time. In the event that a suitable date cannot be agreed by both parties, the rescheduling will be treated as Cancellation by The Client.
CANCELLATION BY THE PHOTOGRAPHER: If The Photographer has to cancel this contract for reasons beyond The Photographer’s control (death, injury, sickness etc.) The Photographer’s liability shall be limited to a full refund of all monies paid.
CANCELLATION BY THE CLINET: The Client may cancel this contract by sending a written notice to The Photographer. If The Client should have to cancel this contract, the retainer and any other fees already paid cannot be refunded and as compensation for loss of income for The Photographer, the following charges apply as a percentage of the total fee become immediately due:
Number of days before the session
10 days or less – 100%
11- 20 days – 75%
21 – 30 days – 50%
31 days or more – 0%
In the event of The Photographer taking another booking on your cancelled date a full refund of your monies paid less expenses shall be made.
UPGRADE OR DEGRADE: The Client may upgrade or degrade the package at any time. No additional charges apply and written consent is required. The Client has to pay the difference between the amount already paid and new amount due. Any differences cannot be refunded when degrading the package.
Any complaints should first be raised with The Photographer in writing within 14 days from receipt of the photographs purchased. This includes photographs, discs, photo books, frames and any other special service that have been agreed. The Photographer will always seek to resolve any complaints quickly and amicably. This does not affect your statutory rights.