I Terms of Business
Terms and conditions of business (May 2018 edition)
In these terms and conditions (“Terms”) “we” and “our” and the “Photographer” shall mean Joanna Cleeve trading as Joanna Cleeve Photography of Pear Tree Cottage, Lamberts Lane, Midhurst, West Sussex GU29 9EF. The “Client” and “you” and “your” shall mean the client/s as set out in the attached booking form (“Booking Form”). The photographer and the client shall together be known as the “Parties”.
These Terms together with the Booking form set out the terms upon which the Photographer agrees to provide family or Newborn photography services (“Services”), constitutes the whole agreement and understanding of the Parties and supersedes any previous arrangement, understanding or agreement between them relating to the subject matter of these Terms and the Booking Form. The Services to be provided are specified in the Booking Form.
Each party acknowledges that, in entering these Terms it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in these Terms. Each party agrees that all liability for and remedies in respect of any representatives are excluded except as expressly provided in these Terms. Nothing in these Terms shall exclude liability for fraud.
1, CONTRACTING PARTIES
The Services provided are for the benefit only of the party or parties set out in the
Booking Form or as otherwise agreed in writing. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) act 1999 to enforce any terms of these Terms unless otherwise agreed in writing.
Where any conflict or inconsistency arises between these Terms and the terms contained in the Booking Form, the Booking Form shall prevail.
Session slots are reserved only when the booking fee is paid. This sum will apply towards the contract fee set out in the Booking Form. To secure the session slot/date and booking, the booking fee must be paid, and a signed copy of the Booking Form and Terms must be returned to the Photographer.
Details of the fees payable for the Services are set out in the Booking Form. A booking fee of £35 total (“Booking Fee”) is required to secure the session slot/date and is non-refundable, even if the date is changed or the session cancelled for any reason. The balance of the payment for the Services contracted for must be paid for 48 hours before the session date as set out in the Booking Form. Payment for additional photographs, prints and albums/photobooks are made when these are ordered. The Booking Fee will be subtracted from the total cost of the Package. If you are unable to make your session for any reason, please contact me and together we will agree on a rescheduled date. Rescheduling has no charge and no refund if another cancellation is made.
Payments may be made to the Photographer using the methods set out in the Booking Form.
4, PAYMENT + PRICES: No images will be given to the client until full payment has been paid to the photographer. All Package costs are as stated at the time of booking and in this booking form/contract and will remain once booking is confirmed. All payments are to be made by card, bank transfer or cash only.
5, CLOTHING AND SESSION COLOURS: I would advise for you to get the best out of your session to wear neutral colours (e.g. blues, greens, creams, pale pink, lilac) and not prints/patterns. These are best camera friendly for scenic backdrops and studio sessions.
6, VIEWING AT PHOTOGRAPHERS STUDIO: The photographs will be available for reviewing at the photographer’s studio up to 4-6 weeks after your session. You will be invited round once the photographs are ready to view the printed colour versions as 7”x5” professional prints in mounts ready to take away same day. At the viewing session you will receive the opportunity to purchase extras at the time for a promotional price that will only available on the day of the viewing. However, if an emergency comes up for the photographer (illness, family crisis, etc), it is understandable that your viewing and online gallery after this may be shortly delayed for viewing.
7, ONLINE GALLERY: The photographs will be available for on an online gallery after the viewing session and the Photographer will message you over the online gallery details and provide you with your password. The online gallery will remain active for 30 days to give family and friends a chance to purchase any they would like at the prices on the gallery and you need only to provide them with the website link and password to view your photographs. There is a £30.00 reloading and reactivation fee for expired galleries. A reactivated gallery will only remain active for five days.
The Photographer does her best to produce more photographs than specified with the client. All photographic images are copyright protected. It is illegal to copy any images without prior arrangements made. Any photograph is subject to professional and reasonable use by the Photographer. Creative privilege – there are times when an image needs a certain crop or particular edit. I, as the Photographer, reserve the right to only show the images that meet my expectations. The number of proofs shown on the gallery will vary with each session and therefore, I do not guarantee a particular number of photos to be shown.
Please do not copy images you have not purchased. Copying, printing, screen-printing, or scanning of images from your online gallery, my website/blog or other materials (including printed products ordered through Joanna Cleeve Photography) is considered stealing & against copyright law, regardless of the intent of use. This also includes the use of Facebook profile pictures; you can tag yourself from my business page and use an image for a profile picture but are not allowed to crop or edit it in any way, and the watermark must show in your photo.
8, PRINTS: Print choices that you receive as part of your package are to be chosen from the original file numbers at the bottom of each photograph in the gallery which will be ‘your name – date – file number’. The Photographer is not held responsible if the prints ordered are incorrect from the way the numbers are requested to be sent to the Photographer for the print ordering.
9, TRAVEL: Jobs outside a 5-mile radius could incur a travel charge. Overnight accommodations will be charged to the client if necessary.
10, WEATHER: Necessary changes will be made due to any weather disturbances.
11, ACT OF GOD: As the Photographer, will make sure that this contract will be followed to the letter barring any unforeseen circumstances, i.e. acts of God, fires, police action, etc.
12, LIMITATION OF LIABILITY: In the unlikely event that the contracted number of photographs fail to materialize or there is total photographic failure due to reasons beyond the Photographer’s control, the liability of the Photographer will be limited to the refund of all money paid. Neither party shall be liable for indirect or consequential losses. In any event, the limit of the Photographer’s liability shall not exceed the contracted amount.
13, RETOUCHING/EDITING (PHOTO-MANIPULATION)
The Photographer will edit all photographs in a natural style of editing for family sessions (studio and outside) and for new sessions the photographer will adjust baby skin tones, smooth skin and remove scratches. However, editing of milk spots, removal of baby acne, rashes etc on baby will be quoted at an additional cost. If you would like a photo-manipulation doing of someone being removed, alterations of yourself, or any other manipulations will be quoted for separately. I have a specialist company I send photographs to for this.
14, COLOUR MATCHING and SIZES
Owing to photochromatic anomalies caused by a combination of certain dyes and materials, especially in man-made fibres, it is sometimes impossible to record on camera the exact colour of materials as perceived by the human eye. When processing images, the Photographer will endeavour to achieve a pleasing overall colour balance based on natural flesh tones. It is understood that some colours may not remain consistent throughout a set of photographs owing to variations in lighting conditions. It is also 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 within a subject. The colour balance of prints made at different times or in varying sizes may also be variable. Due to the limitations of computer monitors it is understood that images may appear differently according to the specification of each monitor and that prints will not match images rendered on any particular computer monitor.
15, ARTISTIC STYLE You acknowledge that you have reviewed the Photographer’s portfolio and are requesting services with knowledge of the Photographer’s style; that the Photographer work is constantly evolving; that the Photographer’s services are of an artistic nature; that the photographs may be different from photographs taken by the Photographer in the past; and that in creating the photographs, the Photographer shall use her personal artistic judgement to create images consistent with her personal view of the event, which vision may be different from yours and/or the subject’s vision of the event. Accordingly, the photographs shall not be subject to rejection on the basis of taste or aesthetic criteria. The Photographer will endeavour to honour requested photographs but cannot and does not in any way guarantee that any specific background, location or group arrangement will be photographed.
The copyright in all photographs created by the Photographer shall remain our property in accordance with the Copyright, Design and Patents Act 1988. The Client(s) shall have no right to reproduce, nor to authorise the reproduction of, by any means whatsoever, any photographs created by the Photographer without our written permission. This includes photocopying, scanning into computer, photographing with a film or electronic camera, including a video camera, and producing either a hard copy on paper, film, or similar medium, and also recording an electronic image on a computer hard disc, or any tape, disk or other recording medium. Nor is it permitted to transmit or allow to be transmitted such images by cable, radio waves or the internet. The Client(s) hereby acknowledges that infringement of the Photographer’s copyright is unlawful and may be a criminal offence. The Photographer accepts no responsibility for the quality and colour reproduced from third party printers of images taken from print release not copyright free images supplied, due to variations in paper and third-party printing processes and profiles. The Photographer provides all clients with a print release so that unlimited prints can be made, but you cannot edit, sell or use them for profit in any way.
All negatives and electronic images created by the Photographer shall remain the property of the Photographer who will undertake to store all such negatives safely and make them available for future reproduction. Photographic prints will become and remain the property of the Client(s). However, the Client(s) specifically acknowledge that ownership of prints does not imply ownership of the copyright in the images on them, or any right to reproduce, or authorise the reproduction of, such images.
18, CLIENT RELEASE FORM
By entering into the Booking Form and these Terms and making the payments due therein the Client has purchased high-resolution digital files from his/her photography session with the Photographer. The Client is hereby granted permission by the Photographer to reproduce the images and make an unlimited number of prints, for personal use only. This permission applies worldwide. The Client agrees that he/she may not use any of the Photographer’s images for commercial or editorial purposes or enter any of the photographer’s images into competition without the express written permission of the Photographer. The Photographer retains the copyright to all images (see section 16 of the Terms regarding copyright).
19, DATA PROTECTION AND PRIVACY
The Photographer will treat any information which is confidential to you and which we obtain as a result of providing the Services for you as strictly confidential save for the purpose of providing the Services or may as otherwise be agreed in writing.
The Photographer will securely store your name and session details contained within the Booking Form in paper copy at the Photographer’s address shown on the Booking Form and on a private internal database. These details will not be made available to any third party. The Photographer will not use your personal details or any photographs from your session for marketing purposes without your prior consent (as set out in the Booking Form).
20, STATUS OF PHOTOGRAPHER
The Photographer is not an employee of the Client, but an independent contractor.
The termination of these Terms will not constitute unfair dismissal; nor will the Photographer be entitled to any compensation payments, redundancy payments or similar payments upon the termination of the Terms.
21, LIMITATION OF LIABILITY
The Photographer takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of your photographs either on electronic media (memory cards or hard drives) being lost, stolen or destroyed for reasons within or the Photographer’s control, liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the fees stated in the Booking Form. 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.
Where there is a technical failure of equipment, whether camera equipment or media such as memory cards, hard drives, USB media or any other storage device in use at the time of the photography session, we shall not be held liable for such failure that is out of our control. Reasonable care shall always be taken to ensure equipment is maintained, cleaned and in full working order prior to any wedding event taking place, any failure thereafter shall not present any liability on us for loss of images.
You are hereby advised to take out an insurance policy to cover any expenses in the event of cancellation.
No variation or modification of these Terms shall be effective unless agreed by the Photographer in writing.
These Terms shall be governed by the Laws of England and Wales.
I/we consent to the following use of the newborn or family photographs:
On the website of Joanna Cleeve Photography Yes/No
On the Social media (Facebook/Instagram/Twitter) Yes/No
In print for promotion material e.g. brochures Yes/No
Signed ____________ Date _____________