TERMS & CONDITIONS
In the following terms & conditions “the photographer” shall mean Emma Powell trading as Emz Powell Photography. “The clients” shall be those persons hiring the photographer for any project. 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 Designs and Patents Acts assign the copyright of the images to the photographer and affiliated bodies.
2. DISPLAY
i. The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc.
3. CREATIVE LICENSE, COVERAGE AND REPRODUCTION
i. Photographs taken during the course of the event will be at the discretion of the photographer although every effort will be made to comply with the clients requirements.
ii. Special requests are not binding instruction, although every effort is made to comply with the client's wishes. The Photographer(s) 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 an the availability and willingness of subjects.
iii. For a booking involving a church ceremony or at certain venues, the photographer's movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the ceremony may not be the photographer's choice and the photographer cannot accept responsibility for any obstructed view should this be the case.
iv. Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs.
v. 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.
4. PAYMENT
Weddings
i. A non-refundable booking fee of £250.00 will confirm your booking, as well as full acceptance of the terms and conditions as published on the photographer's website. The booking fee will be deducted from the cost of the client's chosen package when calculating the final balance due.
ii. Payment in full of the remaining balance will be due two weeks before the wedding day.
iii. Additional goods ordered must be paid for in full at the time of ordering.
iv. Titles to all goods remains with the photographer until paid for in full by the client(s).
All Other Clients (including but not limited to social and corporate clients)
i. A non-refundable booking fee is required to secure your booking, this is variable dependant based on the package being booked.
ii. Payment in full of the remaining balance is due on the day of the shoot.
iii. The goods will remain with the photographer until paid in full by the client(s).
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.
ii. The photographer will endeavour to put the client(s) in touch with another photographer in the event they are unable to attend the shoot due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown etc.
6. DIGITAL NEGATIVE FILES
i. Images will be provided to the client(s) in JPEG format at no less than 300dpi/ppi, unless stated otherwise.
ii. Should the digital negative files be lost, damaged of destroyed for the reasons beyond control, the photographers 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.
Weddings and Social Clients
i. All digital negatives (computer files) remain the property of the photographer. All packages include a copy of the edited digital negatives to the client(s) for their own non-commercial use.
Corporate Clients
i. All digital negatives (computer files) remain the property of the photographer. All clients are able to use the digital negatives in their marketing materials (including but not limited to print and digital use).
7. ON THE DAY
i. The photographer will be the sole professional (still) photographer at the venues specified. The photographer does however positively encourage family, friends and other guests to take photographs throughout the day.
ii. The photographer will not take photos while food is being served and will use this time to take a break. A meal is not a requirement, however one would be greatly appreciated.
iii. The photographer will stay until the agreed upon time. Any photography following this time will be at the discretion of the photographer or if expressly agreed in writing beforehand.
8. PERSONAL ACCIDENT
i. Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said person's own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
9. CANCELLATION FEES
Weddings
i. If the client(s) should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation:
ii. Cancellation from the booking date and more than two weeks to go until the wedding, the booking fee of £250.00.
iii. Cancellation with less than two weeks to go until the wedding date, full price for the complete photographic coverage booked. The client(s) are hereby advised to take out an appropriate insurance policy to cover any expenses incurred in the event of cancellation.
Other Clients
i. If the client(s) should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation:
ii. Cancellation from the booking date and 48 hours prior, the agreed booking fee.
iii. Cancellation with less than 48 hour to go, full price of the photographic shoot.
10. DELIVERY
i. The photographer will endeavour to deliver digital negative files as quickly as possible. However this could take up to 4-6 weeks during busy periods.