Terms and Conditions
1. DEFINITIONS
The purpose for this agreement is to have a transparent and an understanding relationship between the 'Photographer' and the 'Client.' In the following terms and conditions the 'Photographer' shall mean Clifton Gordon trading as Original1shot Photography. The 'Client' shall be those persons who booked the photography services. It is agreed that these terms and conditions cannot be varied or modified in any way unless agreed by both parties in writing.
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Images/ photographs means all photographic material furnished by the photographer, whether photographs, prints, transparencies, designs, artwork, digital image or other types of physical or electronic.
1.1 BOOKING, PAYMENT & CANCELLATION
Events & Photo Sessions - A deposit must be paid at the time of booking. The deposit secures the date & time of the photography services and is non-refundable in the event of cancellation. Balance of any fees due is to be paid 24 hours before the agreed date. No images or photographs will be delivered until full payments.
Wedding Photography - A non-refundable deposit of 25% of selected package must be paid at the time of booking. The photographer will reserve the client's date and time agreed on, and will not make no other reservation for that time and date. The deposit is non-refundable whether change of date or cancellation, but will be deducted from the cost of client's chosen package when calculating the final balance. Full payment of the remaining balance must be paid 30days before the wedding day. Cancellation up to 12weeks prior to the wedding Day 50% refund, cancellation less than 12weeks up to 14days prior to the wedding day 25% refund, cancellation less than 14days prior to the wedding day no refund will be received.
NB. All cancellation must be in writing. Where a date is moved and the photographer cannot cover the date it is treated as a cancellation.
1.2 COVERAGE
The Client agrees and understands that booking involving a church or at certain venues, the photographer's movements are sometimes restricted by the official in charge or venue management. The area which the photographer is able to cover the ceremony or any other function may not be the photographer's choice and the photographer cannot accept responsible. Negotiation with the officials is solely the Clients responsibility.
1.3 LIABILITY
i. The photographer shall not be liable for indirect or consequential loss or any loss arising from delay in transit, lost in the mail or any other lost or damages. Where work is defective for any reason, including, negligence, the photographer liability (if any) shall be limited to rectifying such defect.
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ii. The photographer will endeavour to put the clients in touch with another photographer in the event he is unable to attend on the day due to any cause beyond his reasonable control eg. sudden illness, injury, flooding, pandemic, act of God, war, malicious damage, governmental rule or order, inclement weather, subcontractor etc. In the event of cancellation by the photographer, or in the very unlikely event of total photographic failure, liability shall be limited to a full refund of any fees paid.
iii. Original1shot photography will not refund, nor accept the return of any technically acceptable photograph supplied either in print or in electronic format. no exception can be made as he cannot be held responsible for individual tastes of exceptions.
2. COPYRIGHT AND OWNERSHIP OF MATERIALS
The entire copyrights of the photographs remains as exclusive property of Original1shot without limitation and is retained by original1shot at all times throughout the world.
ORIGINAL1SHOT is the Author and sole owner of all copyrights of the images, and grant the client permission to make copies of images under the following condition. The images taken by ORIGINAL1SHOT are for personal use of the clients. Sales, publication, entry to awards or any commercial use of the photographs is not allowed without prior written permission from ORIGINAL1SHOT.
The client hereby allows Original1shot to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazines articles, websites, social media, sample album etc.
3. USE
The term of licence begins from the date the Photographer receive full payment of invoice; no use may be made of image(s) before full payment.
The licence to use is limited and to be use for the period of time specified, and no other use may be made of the image(s) without the photographer express permission.
An agreement must be reached with the Photographer before images are used for any other purpose or after the licence to use has expired.
4. RIGHT TO CREDIT
Original1shot claims his right to credit in all cases, and asserts his statutory rights to be identified as the author of his work set out in section 77-79 of the Copyright, Designs and Patent Act 1988 or any amendment or re-enactment thereof.
5. EXCLUSIVITY
The usage rights granted are personal to the client and may not be assigned nor may any images transfer to third parties save for the purpose of the work by the client of such reproduction/usage rights.
The photographer reserves the rights to refuse to supply or grant a reproduction licence to a third party when requested by the client. When authorised, the Photographer retains the rights in all cases to use the photographs in any manner at any time and in any part of the world for the purpose of advertising or promoting his work. After the exclusivity period indicated in the license to use, the Photographer shall entitle to use the photograph for any purpose.
6. CLIENT CONFIDENTIALITY
Original1shot will keep confidential and will not disclose to any third parties or make use of material or information communicated to him in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his obligation in relation to the commission.
7. PERSONAL ACCIDENT
Any directions issued to clients, their guest 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.
8. ADDITIONAL EXPENSES
All travel expenses are based on the distance between the event location(s) and Original1shot Photography address. No travel expenses are charged for shoots up to 30 miles round trip. When applicable, the Client is responsible for all travel, accommodation any entrance fees, parking fees or transport costs or any related expenses.
9. LICENCE
The Photographer shall be granted creative licence in relation to the poses photographed, the location used and digital retouching/image editing. The Photographers judgement regarding the locations, poses, editing and the number of photographs taken shall be deemed to to be correct.
10. APPLICABLE LAW
This agreement shall be governed by the laws of England & Wales.
