Terms & Conditions
TERMS AND CONDITIONS OF CONTRACT FOR AMY LOVELAND PHOTOGRAPHY SERVICES
In the following terms & conditions “the photographer” shall mean Amy Loveland Photography.
“The client(s)” shall be those persons making the booking or making the booking on behalf of persons that are to be photographed in any of the packages that can be purchased at www.lovelandphotography.co.uk.
Payment, Cancellation & Refunds.
1. It is agreed by the Client(s) that the cost and terms set out by the photographer will not deviate from the Contract of Agreement and shall remain effective unless agreed by both parties in writing.
2. Payment can be made securely by Paypal, Credit Card, BACS Transfer, Cash or Cheque (made payable to Amy Loveland). All forms of payment to the photographer must clear before any work for the client commences.
3. Refunds will be made in full to the client within a 14 day cooling off period providing no specific, non-transferable work has commenced. Should this be the case, any costs incurred that are specific to the client will be non refundable. Refunds after this 14 day period will incur a 25% cancellation fee to cover some of the losses incurred by the photographer.
4. For Christenings & Weddings, 25% of the total fee is non-refundable in the event of cancellation for any reason after a 14 day period. Making a booking with The Photographer is in itself, complete acceptance of the Terms & Conditions as published on the photographer's website and secures the time and services of the Photographer as requested by the Client on a given date. 25% being the Clients acceptance of losses suffered by the photographer due to cancellation.
5. For Weddings and Christenings, a 25% deposit of the total costs are to be made within 7 days. This deposit will be deducted from the cost of the client's chosen package when calculating the final balance due. Payment in full of the remaining balance will be due three calendar months before the wedding day. The photographer will retain all payments made for Weddings that are postponed to a later date as long as the photographer can re-schedule for the new proposed date and time.
6. The details of the wedding arrangements are to be agreed beforehand in writing (email is acceptable). The Client shall notify the Photographer of any changes to these details in writing. The Photographer/s cannot be held liable for delays or disruption in the delivery or quality of the service should the photographer not be notified with adequate time.
7. The Client may cancel this contract at any time providing notice of cancellation is given in writing and addressed directly to The Photographer/s. If this notice of cancellation is outside the 14 day cooling off period, the Client shall forfeit 25%. Cancellation less than 2 calendar months before a booking will result in the full payment being non refundable, it being the Clients acceptance of losses incurred by the Photographer. All cancellations must be in writing and reach The Photographer within said time limit.
8. Once payment has been made online for any online package it is the complete acceptance by The Client to the T&C's under which Amy Loveland Photography operates.
9. Special Photo Packages that are booked and paid for offline will require this Contract to be signed and returned to The Photographer. Copies of which will posted out for The Client to sign and return.
1. The Client can reproduce an unlimited number of images from the images supplied as part of a photography package purely for The Clients own use.
2. The Client(s) hereby allow(s) The Photographer to display a short selection of the very best photographs covered by this contract and to promote the business in advertising, brochures, magazine articles, websites & social media. The Photographer will only use images that he/she feels portray The Client in a positive manner and The Client agrees this to be acceptable.
3. Digital copies of Images produced by The Photographer may not, at any time be edited, manipulated with software (e.g.Photoshop) or used for commercial purposes by any persons, at any time, without consent of The Photographer.
4. It is the responsibility of The Client to notify and seek the permission of all parties involved (be it persons in attendance or the management of venues) that digital images will be taken, used and stored by The Photographer.
5. 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 event may not be the photographer's choice and cannot accept responsibility should it be impossible to access the optimum view point or be restricted to a view point where there are objects that affect images.
6. The copyright Designs and Patents Acts assign the copyright of the images to the photographer. Any images or copies of images whether stored digitally or otherwise, are protected by the Copyright and Design Act 1988. 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 permission of The Photographer/s in writing.
7. The Photographer/s shall be granted artistic licence in relation to the poses photographed and the locations used. The Photographers judgement regarding the locations/poses and number of images taken shall be deemed correct.
8. The Client accepts that all digital media from a photographic shoot will be stored for a period of 5 years should The Client want images reproduced due to loss, theft or damage. Charges will be incurred for the recovery & reproduction of images. The storage of said data will be on password protected digital storage media and will be securely retained for the purpose of file recovery for the benefit of The Client.
9. The Client agrees to indemnify The Photographer in respect of any claims or damages or any costs arising in any manner from the reproduction (without being granted proper reproduction rights) of any image supplied to the Client by Amy Loveland Photography.
1. All image sizes are nominal. The Photographer/s will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres. It is sometimes impossible to record on digitally the exact colour as seen by the human eye.
2. All images will be adjusted for exposure, brightness, contrast, sharpness, etc. The Photographer's judgement regarding these corrections and the number of images put forward to the Client for preview shall be deemed correct.
3. The Client accepts images received by The Client on digital storage or printed media will be the final edited images and The Client accepts that further retouching, digital manipulation and artist alteration beyond this point is available, but at extra cost.
4. All printed media, be it Photo Albums or Photographs shall be treated as an extension of this contract and no responsibility for error will be accepted unless image quality is deemed to be grossly defective or unacceptable, more specifically, misprints, poor print quality or colour reproduction that is deemed to be vastly different to that of the real life item. The Client must inform The Photographer in writing specifics relating to final image preferences (be it, in a particular style, black & white, etc) or The Client deems the artistic vision of The photographer to be correct.
5. The Client accepts the artistic ability, vision and opinion of the final edited images based on previous art work and images published on www.lovelandphotography.co.uk. The Client confirms at the time of booking, The Photographer produces the type of photography the Client wanted to purchase and accepts this to be correct. The Client confirms that he/she viewed The Photographers portfolio prior to booking and it was said images that influenced the booking and concluded in the signing and complete acceptance of The Photographers Terms and Conditions.
Force Majeure, Act of God & Liability
1. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested.
2. The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.
3. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is always available, the photographer will not be responsible for photographs that are not produced due to technical failure.
4. In the unlikely event of The Photographer being unable to attend due to unforeseen circumstances, i.e. accute illness, accident, The Photographer reserves the right to appoint another photographer to attend your Booking on your behalf to undertake the wedding photography to his/her best ability.
5. In the unlikely event of a total photographic failure due to theft, loss or complete electronicfailure of digital storage media or photographic equipment the liability of one party to the other shall be limited to the total value of the contract.
6. Neither party shall be liable for indirect or consequential loss.
7. Any directions issued to clients, their guests or employees, by The Photographer, during a photographic shoot are deemed to be at said persons own risk.
8. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
9. This agreement shall be governed in accordance with the laws of England and Wales.