Terms & Conditions
The photographer shall refer to Deborah Longmore of Deborah Longmore Photography.
It is agreed that the following terms and the Contract set out the entire agreement between the parties, and that no variation or modification of the contract shall be effective unless agreed by both parties in writing. Each party acknowledges that, in entering into the contract, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in the Contract and these Terms and Conditions.
Booking Fee (Deposit): The Photographer will confirm the Event, Date, Time, Services upon receipt of cleared funds in respect of the Booking Fee. Or payment in full whichever was agreed.
The Parties acknowledge that the £20 Booking Fee is non-refundable or transferable in the been of cancellation by the Client. If booking has been made in full £20 shall be trained and the rest refunded.
Payments: Deborah Longmore Photoraphy will be in contact with you approximately 2 weeks prior to your Event to arrange payment of ant remaining balance, If the booking is made within 2 weeks of the appointment, payment is to be made at the time of booking. All payments must be received in clear funds prior to the Event.
Failure to make payment by the dates stipulated may result in cancellation. All cheques should be made payable to Deborah Longmore. Bank transfer (BACs) payments may be accept by prior arrangement. No photographs or albums will be delivered until all payments have been received in full in cleared funds. Where payment is to be made by a third party, the Parties acknowledge that they shall remain responsible for any balance outstanding in respect of the Contract.
License and Coverage: The Photographer shall be granted artistic license in relation to the poses photographed and the lcoations used Although every effort will be made to comply with the Client’s requirements, the Photographer’s judgment regarding the location, poses and number of images taken and/or given to the Client shall be deemed correct and not subject to dispute.
For Events involving a church ceremony or at certain other venues, the Photographer’s movements are sometimes restricted by the minister or the official in charge; photographing of parts venues all of the ceremony or occasion may be restricted or prohibited, as may the use of artificial lighting. The Photographer cannot accept responsibility for limited coverage in such circumstances.
Whilst the Photographer shall endeavour to fulfil the Clients’ requirements, the Photographer cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings, preventing the coverage of certain specified shots. Any alternations may to this Contract by the Clients once details have been confirmed may only be made at the discretion of the Photographer and should be agreed in writing. Where the Photographer is unable to accommodate alternative arrangements (such as change of ceremony date and or venue) the Photographer is not liable to compensate the Client(s) in any way whatsoever.
Use and Display of Images: The Clients hereby allow the Photographer to display any images relating to the Contract and to generally promote the Business in the Photographer portfolio and by means of advertising, publicity material, websites, exhibitions, competitions, magazines articles and such other media, providing that the images are used lawfully and without damage to the Client(s). By signing this contract you consent to the use of such images. Images placed in password protected galleries within the website are not available to the general public in the normal course of events. The Photographer agrees to not resell any image to a third party other than with prior consent.
Image and Reproduction: All print and presentation sizes quoted are approximate and subject to change at the discretion of the Photographer and may be subject to slight variation. Whilst every effort will be made, the Photographer cannot guarantee exact colour matching and is not held responsible for any colour variations which may occur due to light and location variations. Due to limitations of computer monitors and variations of computer operating systems, it is understood that images viewed via this method may appear differently accordingly to the specification of each monitor/computer and that prints may no match images rendered on any particular computer monitor. Where images are made available for use on a CD/DVD player by disc, reasonable steps are taken to ensure compatibility, but you acknowledge that discus may not play on all CD/DVD players and computers. CD’s and DVD’s are checked prior to delivery. However, it remains the responsibility of the Clients to check for in-transit damage. The Photographer(s) cannot be held responsible for damage to equipment resulting from defective media.
Reorders: All reorders shall be treated as an extension of the Contract and no responsibility for any error will be accepted unless orders are provided in writing.
Products: In the vent a product (such as an album) is no longer available a suitable alternative of similar quality will be offered. The Photographer’s choice of an alternative will be deemed as correct and acceptable to the Client(s). Any surcharge resulting from the order of a new product following rejection of a replacement will be the responsibility of the Client(s).
Ownership: Any digital files shall remain the sole property of the Photographer at all times. All completed albums and products shall remain the property of the Photographer until full payment is received.
Copyright: Any images or copies of images whether stored digitally or otherwise any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988 and remain the copyright of the Photographer(s) at all times unless there is express written agreement to the contrary. It is contrary to the Act to copy or allow to be copied photographically, electronically or by any other means an image created as part of this contract with out written permission of the Photographer.
Insurance & Limitation of Liability: The Photographer will maintain Public Liability and Professional Indemnity insurance at all times. However, n the unlikely even of a total photographic failure or cancellation of this Contract by either part or in any circumstance, the liability of one party to the other shall be limited to the total value of the Contract. Neither party shall be liable for any indirect or consequential loss.
Force Majeure: The due performance of this contract is subject to alternation or cancellation due to a Force Majeure Event. A Force Majeure Event means an event beyond the control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources. For the avoidance of doubt, it does no include circumstances where the Photographer(s) attend an Event to perform the Services and any of the Parties fail to attend.
Cancellation: Where the Photographer has to cancel the Event, due to circumstances beyond her control, the full amount of the Booking Fee any further payments received will be returned to the Client(s). Where it is possible a re-shoot may be arranged (if practicable) however, the Photographer will not be responsible or liable for any additional costs incurred by the Client(s). Should the Client wish to cancel this contract at any time, Notice of Cancellation must be given in writing to the Photographer. In such circumstances, the Booking fee is non-refundable. Any balance paid in full will be refunded less the booking fee of £20. Where an Event is postponed until a later date and, subject to the alternative date being available, the Photographer will retain any fees paid and confirm the new Event Date, Tim and Services to the Client.
Complaints: All complaints should be raised by the Client directly to the Photographer in writing within 14 days of the occurrence which gives rise to the complaint. The Photographer will consider the complaint and shall provide a response to the Client within 14 days of receipt of the complaint. In the unlikely event of an unresolved complaint, the Client may request the Guild of Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.
Governing law and jurisdiction: The parties irrevocably agree any dispute arising out of this contract shall be governed and construed in accordance with the English Law and that the Courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.