In the following terms & conditions “The Photographer” shall mean Jody Samantha Stoddart trading as Jody Samantha Photography. “The Client” shall be those persons defined on the booking form. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing.
1. COPYRIGHT
i. The copyright of all images remains with The Photographer in accordance with the Designs and Patents Acts. The Photographer assigns full usage rights/print rights to The Client for personal use (subject to condition 2). The Client may reproduce, copy and distribute the photographs.
2. DISPLAY
i. The Client hereby allows The Photographer to display any photograph covered by this contract and to use images to promote the business in advertising, brochures, magazine articles, websites, social media platforms, sample albums etc.
3. CREATIVE LICENSE, COVERAGE AND REPRODUCTION
i. Photographs taken during the course of the session will be at the discretion of The Photographer although every effort will be made to comply with The Client’s requirements.
ii. Special requests are not binding instruction, although every effort is made to comply with The Client’s wishes. The Photographer will do their best to honour the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather and the availability and willingness of subjects.
iii. 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.
iv. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, The Photographer will not be responsible for photographs that are not produced due to technical failure, either at the shooting or processing stage.
v. Please note that any alterations made to the booking by The Client once details have been confirmed may only be made at the discretion of The Photographer and in some circumstances the photographer may be unable to accommodate these alterations due to a conflict of commitments. Under these circumstances, The Photographer will work with The Client to find a suitable alternative but is not required to refund any booking fee or deposit provided by The Client.
vi. 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.
4. PRICES AND PAYMENT
i. A non-refundable session fee will be taken to confirm your booking, as well as full acceptance of the terms and conditions.
ii. Additional goods ordered must be paid for in full at the time of ordering.
iii. Titles to all goods remains with The Photographer until paid for in full by The Client.
iv. All the payments should be made payable to ‘Jody Samantha Photography’ to the following account noted below:
Account Number: 20077525
Sort Code: 16-51-71
5. FORCE MAJEURE
i. In the very unlikely events of cancellation by The Photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid. However, in the first instance, every effort will be made to find a suitable alternative date that is agreeable by both parties and the session will be rebooked.
6. DIGITAL FILES
i. All digital negatives (computer files) remain the property of The Photographer. All session galleries include a copy of selected, edited digital negatives to The Client for their own non-commercial use.
ii. Should the digital negative files be lost, damaged of destroyed for the reasons beyond control, The Photographer’s liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received.
iii. The Photographer agrees to store all files following the session date for 12 months on an external backup system. However, should files be lost, damaged or destroyed for reasons beyond control, the photographer will not be liable for loss of these images.
iv. It is the responsibility of The Client to ensure files are stored securely upon delivery of the final selected, edited digital negatives. These can be downloaded from the online gallery or provided on a portable storage device provided by The Photographer upon request (additional charge applies).
7. ON THE DAY
iii. The Photographer will agree timings of the session with The Client beforehand and these timings will be adhered to by both parties unless expressly agreed beforehand in writing.
8. PERSONAL ACCIDENT
i. Any directions issued to The Client during a session are deemed to be at said persons own risk. The Photographer cannot be held responsible for any personal accidents during a session.
9. CANCELLATION FEES
i. If The Client should have to cancel a booking the following cancellation fees will become due upon said cancellation:
ii. Cancellation with more than two weeks to go until the session, no cost to The Client will be incurred. A credit will be provided for any payment already made.
iii. Cancellation with less than two weeks to go until the session date, 50% of the session cost will be charged unless an alternative date can be agreed within 3 months of the original session date.
iv. Cancellations due to Covid-19 will be reviewed on a case-by-case basis and every effort will be made by the photographer to work with The Client to find an alternative date that is suitable for both parties. If an alternative, mutually suitable date cannot be found, the deposit would be converted to credit for The Client to use for alternative services. Proof of illness will be required in order to provide this.
v. The Client may change the date booked if somebody else has not booked it already. No additional charges apply and written consent is required. The Photographer cannot take responsibility in the event The Client’s new date is booked or other responsibilities are being carried out on this date. In this event, the above cancellation charges would apply.
vi. The Photographer allows for 1-2 hours for a session. Above and beyond this time requested by The Client will be chargeable at the usual rate.
10. DELIVERY
i. The Photographer will endeavour to deliver digital negative files as quickly as possible. However, this can take 6-8 weeks during busy periods.
11. PRIVACY
i. The Photographer will store your data in accordance with GDPR requirements. This data will not be made available to outside companies or individuals.
12. COMPLAINTS
i. Any complaints must be received in writing within seven days of receipt of products purchased. This includes digital negatives, photographs, USB, albums, frames and any other special services that have been agreed.
Agreement
By making payment, you are securing the date you have requested and agreeing to the Terms and Conditions as stated.