Terms and Conditions
The following words or expressions shall have the meanings stated:
"the Photographer" means Barbara Leatham trading as Barbara Leatham Photography.
"the Customer" means the person identified as the customer on a Booking or Order Form.
"Booking Form" means a form (whether or not printed on the reverse of these Terms and Conditions) completed by the Customer by which the Customer instructs the Photographer to create Material.
"Material" means all photographs, prints, transparencies, images, negatives, digital scans, digital files, design, artwork, montages, drawings, engravings and/or any other photographic product or other product comprising or containing reproduction of any form of photographic material, and which has been created by the Photographer.
"Order" means any request, order, commission or instruction by or on behalf of the Customer for creation of Material by the Photographer.
"Price" means the price for an Order as set out on a Booking Form
An Order shall be subject to the following provisions:
1. The Photographer shall be entitled to require a deposit payment on account of the Price in such sum as may be agreed between the Photographer and the Customer prior to the taking of any steps to create any Material.
2. In the event of a cancellation of an Order by the Customer, in addition to any entitlement to claim damages for losses arising from such cancellation the Photographer shall, in any event, be entitled to retain the deposit paid and/or agreed.
3. The Photographer shall be entitled to agree to regard any Order that is not evidenced in writing as invalid.
4. The Photographer licenses the Customer to utilize the Material produced as a result of the Customer's Order to the extent set out in writing between the Customer and the Photographer. Any breach of such license shall automatically revoke such license without further notification from the Photographer.
5. Unless specifically otherwise agreed in writing between the Photographer and the Customer, the Photographer is entitled to utilize Material ordered by the Customer for the advertising, marketing and promotion of the Photographer's business.
6. The Photographer shall be entitled to sub-contract his obligations under an Order at his discretion.
7. Save as otherwise agreed between the Customer and the Photographer, the Photographer shall be entitled to use his judgment regarding the style and artistic input in the production of Material. See COPYRIGHT - License below for more details
8. The Photographer shall not be liable to the Customer for any failure, in whole or in part, to fulfill his obligations under an Order where failure arises as a result of an event or circumstances beyond his control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury.
Any work of any description undertaken by the Photographer pursuant to an Order shall be subject to these Terms and Conditions.
In consideration of the Price the Photographer will undertake such work as is necessary to fulfill the requirements of an Order.
1. In consideration of the Photographer's agreement in paragraph above the Customer will pay the Price in accordance with the provisions set out in the agreed contract
Display
1. The Customer hereby allows the photographer to display any images covered by this contract and to generally promote the business 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 clients. Images placed in password protected galleries within the website are not available to the general public in the normal course of events. However it may not always be possible to prevent determined persons from accessing these galleries. Please refer to your specific contract with Barbara Leatham Photography if you have requested a non-disclosure clause.
Data Policy
1. Your data may be used by Barbara Leatham Photography to advise you of products, services and special promotions and passed to its group, affiliated companies, agents, studios and sub-contractors for research and analysis purposes. We may contact you by post, telephone, SMS text or email.
License and Coverage
1. The photographer 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 Customers´ requirements, the photographers’ judgment regarding the location, poses and number of photographs taken shall be deemed correct. This also includes post-production decisions, such as images presented in black and white, or in a particular style.
2. For bookings involving a church ceremony or at certain other venues, photographers´ movements are sometimes restricted by the minister or official in charge: photographing of parts or even all of the ceremony may be restricted or prohibited, as may the use of artificial lighting. The photographer cannot accept responsibility for limited coverage in such cases.
Whilst the photographer shall endeavour to fulfill all the Customers´ requirements, they 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.
1. Any alterations made to the booking by the Customer once details have been confirmed may only be made at the discretion of the photographer. If unable to accommodate alternative arrangements (such as the change of ceremony date or venue) the photographer is not liable to compensate the customer(s) in any way whatsoever.
Image Reproduction:
1. Owing to photo chromatic anomalies caused by a combination of certain dyes and materials, especially in man-made fibers, 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.
2. 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.
3. 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.
4. Where images are made available for use on a DVD player reasonable steps are taken to ensure compatibility, but DVD discs may not play on all DVD players, particularly older models.
5. All print and presentation sizes quoted are approximate and subject to the discretion of the photographer.
Payment and Prices
1. Prices stated are in Pounds Sterling (£) and include VAT (sales tax).
2. Please refer to your contract with Barbara Leatham Photography' for details of payment and pricing. The only additional item which may be required in exceptional circumstances is that overnight accommodation may be required for photo shoots over 50 miles or more than 2 hours away. Barbara Leatham Photography will make this requirement clear at the time of booking and any additional charges will be reflected in a formal quotation.
3. Travel costs outside a 10 mile radius of SP3 4SG will be charged at 45p per mile from SP3 4SG to the venue and any additional travel to destinations visited during the shoot time.
4. At the time of booking the session, the Customer will be asked make a payment of 1/3rd of the final costs to secure the date, time and price if booking a wedding, or full price when booking a portrait session. A deposit is non-refundable.
5. The balance for the wedding shoot must be paid in full three weeks prior to the wedding day.
6. For commercial shoots, post production editing or any work where a client has been invoiced, they will be given 14 days from the date on the invoice to pay in full the amount invoiced. Failure to complete the payment in the time will result in late fees being added to the invoice £25.00 for each day the payment is late. Additional requests for payment will be followed with legal action.
Session Policies
1. Under 18’s must be accompanied by their parent or legal/court-appointed guardian.
2. If you arrive late you may be required to forfeit some elements of your session.
Cancellation Policies
1. Please provide minimum of seven days’ notice for a cancellation or the balance of the outstanding costs must be paid.
2. We reserve the right to cancel your session at any time by giving you written notice. If we cancel your session we shall reimburse you of any booking fee and any other money you have already paid.
3. In the event of cancellation by the photographer, or in the highly unlikely event of total photographic failure, the photographer´s liability shall be limited to a full refund of any deposits and fees paid. Re-shoots may be arranged if practicable but the photographer will not be responsible for any further costs.
4. The photographer will endeavour to contact other photographers in the unlikely event that he is unable to attend your booking. However it may prove difficult or impossible to find a skilled replacement photographer at short notice or at the same price.
5. If the Clients should have to cancel a booking the cancellation fees detailed in your contract with Barbara Leatham Photography' become due immediately; it is essential to inform the photographer as soon as possible of any changes of venue, times, or contact details etc.
Health and Safety
1. Photography sessions do involve some physical activity, which is undertaken at your own risk. If you have any aversion to flash photography, or any history of medical problems, such as skin allergy or epilepsy, that may affect the success of the Photo shoot at any point, it is your responsibility to let us know in advance. Whilst Barbara Leatham Photography will always ensure a safe environment within the shoot environment, it is the parent’s/guardian’s responsibility to ensure that all children are supervised and remain safe at all times to avoid danger caused by the misuse, handling or interference of equipment or the surroundings.
Copyright
Copyright in all Material is retained worldwide by the Photographer at all times and nothing shall be deemed as a release, transfer, assignment or other disposal of the
Photographer's rights in the Material, save as:
1. Specifically set out in these Terms and Condition or may otherwise be agreed by the Photographer in writing.
2. Please refer to your specific contract with Barbara Leatham Photography where you may be granted a license allowing you permission to print or otherwise distribute images other than for financial gain.
Copyright – The1988 Copyright Act assigns the copyright to the Photographer. It is contrary to the Act to copy, publish, reproduce or store images electronically, unless the express permission of Barbara Leatham Photography has been purchased. If permission is granted, then transfer of the copyright commences only once payment for the copyright has been made in full.
The Customer may not (either personally or via a third party) alter or add to or manipulate a picture by means of computer or any other technique or reproduce a picture in whole or in part as an element within, or as a montage with, another picture.
Display – The Photographer reserves the right for any photograph created during sessions to be displayed in the studio, portfolio, or in any other advertising directly associated with Barbara Leatham Photography.
Force Majeure – Every effort will be made to carry out the contract but its due performance is subject to alteration or cancellation by the Photographer owing to any cause beyond their control (e.g. acts of God, change in legislation, floods, fire, computer failure, etc.). In the unlikely event of total photographic failure or cancellation of this contract by the Photographers, liability shall be limited to a full refund of all monies paid.
Law – These Terms and Conditions shall be governed and construed in accordance with the Laws of England.
Liability – The Photographer shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or for any loss to our customers arising from delay in transit. Where work is defective for any reason, including negligence, our liability (if any) shall be limited to rectifying such defect.
License – The Photographer shall be granted artistic license in relation to the poses photographed, the location used and digital retouching. The Photographers’ judgment regarding the locations, poses and number of photographs taken shall deemed to be correct.
This also includes post-production decisions, such as images presented in black and white, or in a particular style.
PLEASE NOTE - Once images have been viewed by the Customer any additional editing or post production shall be charged at £40.00 per hour with a minimum or one hour being charged.
Delivery Policy
1. We require that all products are to be checked by the clients at the time of delivery; whether at the clients home of at 11 West End, TIlshead, Salisbury, SP3 4SG (the business address of Barbara Leatham Photography) or at an agreed Third Party venue.
2. If clients wish to their products to be shipped, Barbara Leatham Photography takes no responsibility for the delivery service or the condition of the products on arrival.
Return & refunds Policy
1. Once the products have been checked, collected and signed for, no returns will be accepted, nor will Barbara Leatham Photography generate any refunds.
2. All photographs supplied by Barbara Leatham Photography are produced to the highest standards using the highest quality materials and latest processing techniques. However, all photographs will, in time, fade. This is particularly true if they are left in bright sunlight and are not behind glass. Barbara Leatham Photography cannot accept any responsibility for this gradual image deterioration.
Storage of Images
1. Original digital images are kept on an active file for three months, after which time they will be deleted unless they are to be used for marketing purposes.
Customer Care Statement
1. Clients will be treated with courtesy and fairness at all times.
2. All goods supplied are covered by a statutory guarantee for 12 months: in the event of a claim for faulty goods it is at the photographers discretion to repair or replace the faulty goods to the clients satisfaction.
3. All goods supplied will be of a ‘satisfactory and saleable condition’ as specified in the Sale of Goods Act.
4. Any complaint regarding goods or services must be made in writing to the photographer within 21 days of receipt of the completed goods. The photographer will acknowledge receipt of the complaint within 5 working days and will endeavour to reach a final resolution within one month. e) Any complaint made after 21 days may be considered unreasonable within the meaning of the Sale of Goods Act.
5. All further orders from an original order will be treated as an extension of Terms and Conditions of business of the photographer.
Copies of this customer care statement are available upon request.
Barbara Leatham Photography reserves the right to amend these Terms and Conditions without prior notice.