Terms and Conditions - reviewed and revised September 2016
Thanks for choosing me as your photographer – I’m looking forward to working with you. Please take a moment to read the following terms and conditions prior to booking, to allow your shoot to run smoothly.
Helen Walker trading as Helen Walker Photography.
Address 92 The Crossways, Otley LS21 2DA
1. The terms.
1.1 In this document ‘you’, ‘your’, ‘the client’ and similar refer to the client commissioning the professional photography.
1.2 ‘I’, ‘my’ ‘I’ll’ and similar refers to Helen Walker professional photographer, of Helen Walker Photography.
1.3 ‘Pictures’, ‘images’, ‘photography’ and similar include any photography, digital file, scan or any other image capable of being reproduced.
1.4 ‘Reproduction’ means any form of publication or copying of the whole or part of any picture, altered or not.
2. Copyright and reproduction of your professional photography.
2.1 Any images or copies of images whether stored digitally or otherwise and 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 without the written permission of the Photographer(s).
2.2 I and ‘Helen Walker Photography’ retains full, unlimited, world-wide copyright on all photographs supplied. These photographs are purchased solely for personal display purpose. They may not be copied, published, reproduced or stored on any electronic retrieval system without the express written permission of ‘Helen Walker Photography’. In other words, you are purchasing prints for personal use only and shall not sell said prints or authorize any reproductions thereof by parties other than ‘Helen Walker Photography’.
When you ask me to be your photographer, I will agree the extent to which you can reproduce that work, e.g. electronically, including social media. ‘Helen Walker Photography shall only make reproductions for the client or for ‘Helen Walker Photography’ portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, of for display within or on the outside of the photographers’ studio. If ‘Helen Walker Photography’ desires to make other uses, ‘Helen Walker Photography’ shall not do so without first obtaining the written permission of the Client. Helen Walker Photography’ shall retain the original digital files for a period of no less than one year.
2.3 Reproduction is not exclusive to The Client unless we agree this and I specify the same in writing. This could be by email. In any event, the Client may only reproduce images, e.g. on social media i) Once you’ve paid me for them in full ii) If they include credit to Helen Walker Photography as your photographer iii) To the extent we agree
2.4. If you wish me to amend the terms of your licence to reproduce your photography you will agree any amendment with me before you reproduce any such images. A fee may be applicable for widening the terms of licence. ‘Helen Walker Photography’ may wish to release copyright or reproduction rights for the images to the Client for an agreed amount. You may not in any way assign your reproduction rights to any third party unless
i) Assignation is an agreed part of your licence to reproduce
ii) You have my express written permission. A fee may be applicable. I reserve the right to refuse permission to amend or assign any licence. I usually won’t refuse, but you still have to ask.
2.5 If you don’t credit me as author of any picture I’ve created, or reproduce any of my pictures without licence, or in excess of the terms of the licence, you will be liable for a fee no less than the original commission fee. It’s cheaper to agree fees with me first so please do so.
2.6 The images supplied by ‘Helen Walker Photography’ represent the brand and style of this photographer. You shall not alter, amend, retouch, colour or restyle any image or photograph licenced or sold to you, other than cropping.
2.7, Any breach of agreed licence granted by the provisions of paragraph 2 above shall lead the licence to be automatically revoked and shall only be capable of reinstatement upon payment of any outstanding sum plus interest and any other costs incurred by the Photographer.
2.8. On occasion Helen Walker Photography may agree to photograph you on a "time for prints" (TF) basis. This means that I shall provide some of the following: my time (currently £40 an hour) possible studio costs if agreed (£20-25 per hour), and travel costs, and supply the best images as fully edited full resolution images via my website gallery, with a copyright licence for you to use these images for your portfolio and social media accounts. In return, you provide your time and expenses (including make up costs and costumes) and grant Helen Walker Photography the right to use your likeness in these images for portfolio, competition and advertising purposes. Neither of us has any right to sell the images for any commercial gain to any magazine, website or stock library or any other party without the other's full written consent.
If you revoke my right to use your images I will immediately revoke my permission for you to use my copyrighted images, and may pursue the cost of photographing you, including the items mentioned above, and any costs incurred in pursuing these costs.
3. Prices and Booking
3.1 The Client shall give written details of requested order on the booking form, email or in writing. Except for the sale of vouchers prior to a portrait session and a small number of products the majority of products we sell are personalized goods or goods made to a customers’ specification and therefore we do not offer a ‘cooling off period’ on such items once an order has been placed. When a customer has placed an order with Helen Walker Photography they have entered an agreement to buy whether or not paid for and have committed to the prices shown on their order details. ‘Helen Walker Photography’ cannot be responsible for any change of mind on the part of the Client, and the Client shall pay the cost of the original order. The 14 day cooling off period applies only to the purchase of vouchers or non personalized items.
3.2 The photographer shall be entitled to agree to regard any order that is not evidenced in writing as invalid.
3.3 All quotes remain valid for 28 days; all other changes in this Agreement are based on Helen Walker Photography’ current price lists. This price list may be adjusted without notice and future orders shall be charged at the prices in effect at the time when the order is placed. We do not offer refunds on special orders.
3.4 Helen Walker Photography’ reserves the right to make any other reasonable charges in respect of travel, accommodation and other expenses occurred in respect of carrying out a shoot at a location.
3.5 The Photographer(s) will confirm the Event, Date, Time, Services upon receipt of cleared funds in respect of the Booking Fee.
3.6 The Parties acknowledge that the Booking Fee is non-refundable or transferable in the event of cancellation by the Client.
4.1 Helen Walker Photography will be in contact with you approximately [2-3] weeks prior to your Event to arrange a pre-event appointment, if this is deemed necessary. Any remaining balance is to be paid by that meeting date unless otherwise specifically agreed in writing.
4.2 All payments must be received in cleared funds prior to the Event.
4.3 Following payment of the Booking Fee, the balance of fees due is to be paid as follows: • The remaining balance is due by the pre-event meeting or 14 days prior to the event if a pre-event meeting is not held. • Payment for any additional images or products must be made at the time of order.
4.4 Failure to make payment by the dates stipulated may result in cancellation.
4.5 You can pay me by BACS, paypal, cheque (made out to Helen Walker) or cash. I don’t accept credit cards. You’ll receive full payment details with my invoice. You will settle the balance of the account within 28 days of receipt of my invoice.
4.6 If you do not pay within the 28 day period I reserve the right to suspend any ongoing work, revoke any usage licences, and inform any 3rd parties affected by the suspension or the reasons for it.
4.7 Products and deliverables must be paid for in full before they can be released- part orders will not be released.
4.8 Late payments or returned cheques will attract an administration charge of £10.00.
4.9 No photographs or albums will be delivered until all payments have been received in full in cleared funds.
4.10 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.
5 Deposit, cancellations and/or postponement of your professional photography.
5.1 The Client shall make a deposit to retain ‘Helen Walker Photography’ to perform the services specified here. At such time as this order is completed, the deposit shall be applied to reduce the total cost and the Client shall pay the balance due. The deposit is non-refundable
5.2 Please notify me of any postponement of your photography as soon as you can:
5.2.2 Cancellation of a photo shoot made more than two weeks before the date of the shoot will incur loss of deposit but no further fee.
5.2.2 Cancellation of a photo shoot less than 7 days from the shoot date will incur a fee of 50% of the booked rate.
5.2.3 Cancellation within 48 hours of the agreed date will incur 100% of the fee.
6 What you get
6.1 Prior to the shoot we will discuss your project via email, phone or person and/or you can provide me with a written brief. I will endeavor to understand your wishes in terms of styling of the shoot but it is your responsibility to be clear about what you want. We will arrange a pre-event appointment, if this is deemed necessary. Any remaining balance is to be paid by that meeting date unless otherwise specifically agreed in writing.
6.2 I’ll show you what I consider to be the best results of the shoot. Unless we’ve agreed beforehand you won’t see everything I’ve taken.
6.3 We’ll then discuss your preferred shots and I will make any amendments to meet the terms of the initial brief. Change not forming part of the initial brief will be charged at £50 per hour.
6.4 Price and package details will be as detailed on website of ‘Helen Walker Photography’ or on ‘Helen Walker Photography’ Facebook page and see 5 below.
6.5 Helen Walker photography reserves the right to make charges in respect of travel, accommodation and other expenses occurred in respect of carrying out a shoot at a location.
7 License and Coverage:
7.1 The Photographer(s) shall be granted artistic license in relation to the poses photographed and the locations used. Although every effort will be made to comply with the Clients’ requirements, the Photographers’ judgement regarding the location, poses and number of photographs taken shall be deemed correct and not subject to dispute
. 7.2 For Events involving a church ceremony or at certain other venues, the Photographer(s) movements are sometimes restricted by the minister of official in charge: photographing of parts or even all of the ceremony or occasion may be restricted or prohibited, as may the use of artificial lighting. The Photographer(s) cannot accept responsibility for limited coverage in such circumstances.
7.3 Whilst the Photographer(s) shall endeavour to fulfil the Clients’ requirements, the Photographer(s) 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.
7.4 Any alterations made to this Contract by the Clients once details have been confirmed may only be made at the discretion of the Photographer(s) and should be agreed in writing. Where the Photographer(s) is unable to accommodate alternative arrangements (such as change of ceremony date and or venue) the Photographer(s) are not liable to compensate the Client(s) in any way whatsoever.
8 Use and Display of Images
8.1 The Clients hereby allow the Photographer(s) to display any images relating to the Contract and to generally promote the Business in the Photographer(s) portfolio and by means of advertising, publicity material, websites, exhibitions, competitions, magazine articles, and other such 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. Other than via the password protected gallery the photographer(s) agree not to resell any image to a third party other than with prior written consent.
9 Liability and Indemnity
9.1 I’ll take every care in carrying out your photography but I won’t be liable for any loss of damage you or any third party suffers as a result of using or reproducing any picture I take.
9.2 You must supply me with a full list of people you wish me to photograph in advance of the shoot. You must satisfy yourself that you have all necessary rights, model releases or consents which may be required for reproduction of the images of these people.
9.3 You grant Helen Walker Photography’ permission to photograph or record them as well as to use the Content in Helen Walker Photography’ advertisements, promotional materials, print and electronic publications, video broadcasts, or any similar electronic or mechanical means. They and you waive any right they have to compensation for the use of this Content or to inspect or approve the finished product. You indemnify me against any loss as a result of failing to obtain any such release of consent.
10 Failure to perform
10.1 If Helen Walker Photography’ cannot perform this Agreement due to fire or other casualty, strike , Act of God, or other cause beyond the control of the parties, or due to Helen Walker Photography’ illness, then Helen Walker Photography’ shall return the deposit to the Client but shall have no further liability with respect to the Agreement.
10.2This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mails or otherwise lost or damaged without fault on the part of Helen Walker Photography’. In the event Helen Walker Photography’ failsl to perform for any other reason, Helen Walker Photography’ shall not be liable for any amount in excess of the retail value of the Client’s order.
10.3 Although extremely unlikely, the possibility of images being lost, stolen or destroyed during the shoot and for reasons beyond my control does still remain. In these circumstances my liability is limited to the return of the fees paid for the service or part thereof according to the percentage of original images I’m able to supply.
10.4 If I am too ill or injured to carry out your professional photography and I cannot supply the services we have agreed, I will do everything possible to reschedule of book a replacement photographer. If I cannot find a replacement photographer, liability is limited to refund of any payments received.
10.5 Helen Walker Photography’ may substitute another photographer to take photographs in the event of illness of scheduling conflicts. In the event of any substitution, Helen Walker Photography’ warrant that the photographer taking the photographs shall be a competent professional.
11 Match to original
11.1 (Likeness to person/colour) In accordance with the accepted practiced of all professional photographers and photographic laboratories, the return of any technically acceptable photographs or prints or demands for refund or refusal to settle charges cannot be entertained on principle. No exception whatsoever can be made to this rule as we cannot be held responsible for individual tastes or expectations
11.2 Save as otherwise agreed between the Client and Photographer, the Photographer shall be entitled to use his/her judgement regarding the style and artistic input in the production of material.
12 Image and Reproduction
12.1 All print and presentation sizes quoted are approximate and subject to change at the discretion of the Photographer(s) and may be subject to slight variation. Whilst every effort will be made, the Photographer(s) cannot guarantee exact colour matching and is not held responsible for any colour variations which may occur due to light and location variations.
12.2 Due to limitations of computer monitors and variations of computer operating systems, it is understood that images viewed via this method may appear differently according to the specification of each monitor/computer and that prints may not match images rendered on any particular computer monitor.
12.43Where images are made available for use on a CD/DVD player by disc, reasonable steps are taken to ensure compatibility, but you acknowledge that discs may not play on all CD/DVD players including those within computers.
12.4 Only quality branded CD’s and DVD’s are used and each is 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.
13 Inherent Qualities
131 The Client is aware that colour dyes in digital photography may fade or discolour over time due to the inherent qualities of dyes, and Client releases Helen Walker Photography’ from any liability for any claims whatsoever based upon fading or discolouration due to any such inherent qualities
14.1 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.
15..1 In the event a product (such as an album) is no longer available a suitable alternative of similar quality will be offered. The photographers’ 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).
16.1 Any negatives and/or digital files shall remain the sole property of the Photographer(s) at all times.
16.2 All completed albums and products shall remain the property of the Photographer(s) until full payment is received.
Helen Walker Photography’ cannot take any responsibility for accidents occurring on Helen Walker Photography’ premises or any premises/locations or leased by Helen Walker Photography’ that are not reported at the time they took place.
It is the Client’s responsibility to take care around photographic or electric equipment, lighting or any photographic equipment or props/set. Such equipment is expensive and fragile.
Helen Walker Photography’ will not be responsibile for anything occurring as a result of misuse or negligence on the part of the Client of failure to follow my instructions and reserves the right to claim damages for any willful or negligent damage to the equipment.
18 Force Majeure
The due performance of this contract is subject to alteration 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 not include circumstances where the Photographer(s) attend an Event to perform the Services and any of the Parties fail to attend.
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.
20 The Law
These terms and conditions are subject to and constructed according to English Law. This agreement incorporates the entire understanding of the parties. Any modification of this Agreement must be in writing and signed by both parties. Any waiver of a breach of default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. English Law shall govern this Agreement.