Lifestyle Photography Terms & Conditions

Photography – Contract Terms & Conditions

 

This agreement is for the provision of lifestyle photography services.

FULL AGREEMENT: This agreement contains the entire understanding between Mark Searle Photography (PHOTOGRAPHER) 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 the parties.

RESERVATION: Upon your signature, the Photographer will reserve the time and date agreed upon, and will not make other reservations for that time and date.


COOPERATION: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. The Photographer is not responsible if key individual’s failure to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer. 

 

SHOOTING TIME / ADDITIONS: The photography schedule and selected methodology are designed to accomplish the goals and wishes of the Client in a manner enjoyed by all parties. The Client and the Photographer agree that cheerful cooperation and punctuality by all members of the party are therefore essential to that purpose. Shooting commences at the scheduled start time.

DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: All photographs, digital negatives and prints are protected by Copyright Law (all rights reserved). The Photographer retains the copyright to all photos and images produced. The Client must obtain written permission from the Photographer prior to the Client or their friends and relatives publishing or selling the photographs for profit.

MODEL RELEASE: 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 or in which the Client may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The Client hereby releases the Photographer and his legal representatives and assigns from all claims and liability relating to said photographs.

COMPLETION SCHEDULE: Digital processing takes approximately 2 weeks. All digitally edited JPEG’s of the best photographs (as determined by the photographer) will be delivered to the client no more than 28 days after the day of the event. Except where an alternative is arranged at time of booking and duly noted within the pricing schedule. Delivery times for products ordered will be advised at the time of ordering.

PAYMENTS: The Client agrees that the agreed package cost is to be paid prior to the shoot taking place, and that all payments for prints, albums and other products are to be paid at the time of ordering.

DIGITAL NEGATIVES: Where agreed within the clients chosen package the Client will receive a copy of the high-resolution digital JPEG files on a USB memory stick. The client has the right to freely make and distribute copies of the digital files to anyone he or she sees fit so long as the images are not sold by the client or by others to whom they have passed the files, for profit


PENALTY FEES & CHARGES: There is a £25 charge for cheques returned by the bank for any reason. There will be a £35 late payment fee for any payments that are not postmarked or delivered to the Photographer by the required date.

RIGHT OF WITHDRAWAL: The Photographers discovery of new information, changes, or other factors tending to circumvent its policies could result in its withdrawal. Non-cooperation; changes of locations, facilities or times available; missed appointments; bad or returned cheques, or late payments are examples of contributing factors. Should the photographer initiate the withdrawal, all fees and deposits will be returned, excepting non returnable deposits and fair market value for all services/products already provided. In case of withdrawal,£50 an hour is billed for all photography services already provided, and £25 an hour is billed for all other services, consultations, and all driving time, rounded up to the nearest half-hour.

LIMIT OF LIABILITY: In the unlikely event of severe medical, natural, or other emergency it could be necessary to retain a different photographer. The Photographer will make every effort to secure a skilled replacement photographer. 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 event package. The Photographer takes the utmost care with respect to exposure, transportation, and processing the photographs including using suitable equipment and suitable backup equipment. However, in the unlikely event those photographs have been lost, stolen, or destroyed for reasons within or beyond the Photographer’s control, the Photographers liability is limited to the return of all payments received for the event package. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.

PERFORMANCE: The performance of this contract on behalf of the Photographer shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and/or conditions beyond its control.

SEVERABILITY: If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.

AMENDMENTS: This contract has been freely negotiated and shall be recognised as the entirety of the agreement, and only those changes or modifications specifically placed in writing, attached, signed and dated by the Client and the studio at the time of this signing shall be recognised as amendments to this contract.

 


 

All images © Copyright protected Mark Searle Photography   +44 7594 450267
Lifestyle Photographer Bradford, West Yorkshire, GB