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.
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.
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.
The Photographer shall be entitled to agree to regard any Order that is not evidenced in writing as invalid.
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.
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.
The Photographer shall be entitled to sub-contract their obligations under an Order at their discretion.
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
The Photographer shall not be liable to the Customer for any failure, in whole or in part, to fulfil their obligations under an Order where failure arises as a result of an event or circumstances beyond their 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.
1. In consideration of the Photographer's agreement in the paragraph above, the Customer will pay the Price in accordance with the provisions set out in the agreed contract.
1. The Customer hereby allows the photographer to display any images covered by this contract 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 Customer. Images placed in password protected galleries within the website are not available to the public in the normal course of events. However, it may not always be possible to preventdetermined persons from accessing these galleries. Please refer to your specific contract with Barbara Leatham Photography if you have requested a non-disclosure clause.
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.
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 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 fulfil 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 date or venue) the Photographer is not liable to compensate the customer(s) in any way whatsoever.
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 may 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.
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.
3a. Travel costs outside a 10-mile radius of SP3 4SG will be charged at 45p per mile from postcode ‘SP3 4SG’ to the venue, and any additional travel to destinations visited during the shoot time.
3b. Travel time will be charged at 50% hourly rate, per hour travelling for journeys exceeding 1hr.
4. At the time of booking the session, the Customer will be asked to pay a booking fee to secure the date and time of the shoot.
Wedding– 35% at the time of booking, balance due three weeks before wedding date.
Portrait/Lifestyle– 50% at the time of booking, balance due three weeks before shoot date.
Commercial– 50% at the time of booking and the balance on delivery of images.
The Booking fee is non-refundable
5. For Commercial Customers, post production editing, or any work where a Customer has been invoiced, 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.
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.
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 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/she 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 Customer 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.
1. Photography sessions do involve some physical activity, 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 photoshoot at any point; it is your responsibility to let the Photographer know in advance. Whilst Barbara Leatham Photography will always ensure a safe environment within the photoshoot, 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 surroundings.
Copyright in all Material is retained worldwide by the Photographer always, and nothing shall be deemed as a release, transfer, assignment or other disposal of the Photographer's rights in the Material:
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– The 1988 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 to 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 customers arising from delay in transit. Where work is defective for any reason, including negligence, 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.
1. Standard Editing includes correcting levels, colour balance, and general tidying up of the chosen image(s).
2. Beyond Standard Editing includes advanced digital manipulation, cutting out content or backgrounds, compositing.
3. Editing that is included in point 2 shall be charged at £40.00 per hour; with a minimum of one hour being charged.
4. The Customer must check with the Photographer what editing will be included in the cost of the shoot.
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 of one hour being charged.
1. We require that all the Material is to be checked by the Customer at the time of delivery; whether at the Customer’s home or at 11 West End, Tilshead, Salisbury, SP3 4SG (the business address of Barbara Leatham Photography) or at an agreed Third-Party venue.
2. If the Customer wishes for the Material to be shipped, Barbara Leatham Photography takes no responsibility for the delivery service or the condition of the Material on arrival.
1. Once the Material has 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.
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.
1. The Customer 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 Photographer’s discretion to repair or replace the faulty goods to the Customer’s 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. 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.
(a) picture includes a photograph, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction.
(b) reproduction includes any form of publication, or copying of the whole or part of any picture, and whether or not altered by printing, photography, slide projection (whether or not to an audience), xerography, artist's reference, artist's illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means.
(c) the Customer is the person or organisation to whom the invoice is addressed (whether or not the Customer is acting for a third party).
(d) Barbara Leatham Photography is a company registered in England.
(a) The entire copyright in the pictures is retained by Barbara Leatham Photography, at all times, throughout the world.
(b) Barbara Leatham Photography supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Customer whether on its submission or on Barbara Leatham Photography’s grant of reproduction rights in respect thereof.
(c) Barbara Leatham asserts both her moral right to be identified as the author of her work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988.
(d) Unless otherwise agreed in writing, if any picture reproduced by the Customer omits the copyright notice, or credit line specified by Barbara Leatham Photography any fee payable by the Customer shall be subject to an increase specified by Barbara Leatham Photography, and in any event an increase of not less than 25%.
(a) Reproduction rights (if and when granted), are strictly limited to the use and period of time specified on Barbara Leatham Photography’s invoice. An agreement must be reached with Barbara Leatham Photography before the Material is used for a different purpose or after the license to use has expired.
(b) Reproduction rights are not issued exclusively to the Customer, except when specified on the invoice.
(c) Reproduction rights granted are personal to the Customer, and may not be assigned, nor may any picture submitted to the Customer be loaned or transferred to third parties.
(d) Any reproduction rights granted are by way of license. No partial or other assignment of copyright shall be implied.
(e) Barbara Leatham Photography reserves the right to refuse to supply or grant a reproduction license to a third party when requested to do so by the Customer.
The following terms are used when describing the reproduction rights granted by Barbara Leatham Photography to the Customer:
(a) Internal Use only: The right to use the pictures only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Customer 's premises; editorial use in the Customer's intranet site.
(b) PR and Press distribution: The right to use the pictures as described in 4(a); plus a license for third parties to reproduce such pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication.
(c) Specified Use Only: The right to use the pictures once only for the purpose as described on the invoice.
(d) Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an editorial context only.
(a) Risk in and responsibility for any original transparencies or prints passes to the Customer from the time they are received until their safe return. The Customer shall immediately inform Barbara Leatham Photography in writing of any loss or misuse of, or damage to the pictures while in the Customer's possession or that of any third party. If a picture is not returned within four weeks of the date for return then Barbara Leatham Photography may in its sole discretion presume it to be lost.
(b) The Customer shall be liable to pay compensation to Barbara Leatham Photography in respect of each picture lost or damaged. Payment of compensation does not give rise to any rights in any picture. Compensation levels for the pictures are available from Barbara Leatham Photography upon request. These levels are a genuine pre-estimate of the loss which would be suffered if such a picture were to be lost or damaged. the Customer is urged to request these figures and to take out insurance cover to cover the total value of the pictures delivered.
(a) Once the Customer has made a booking for a specific time and date, Barbara Leatham Photography will not accept any other work from other Customers for those times and dates.
(b) As a result, once a booking is made, if it is subsequently cancelled, a cancellation fee will be charged to the Customer, according to the following schedule. When a Customer cancels a booking within two weeks of any confirmed date, a fee of 50% of the booked time rate will be charged. When the Customer cancels photography within one weeks of any confirmed date, a fee of 100% of the booked time rate will be charged. In addition to this cancellation fee, the Customer will be charged for any expenses already incurred by Barbara Leatham Photography.
(a) Until Barbara Leatham Photography has invoiced the reproduction fee neither party is committed to grant or acquire any reproduction rights in any picture. After a fee has been agreed and an invoice issued there is a firm and binding contract whereby Barbara Leatham Photography is committed to grant reproduction rights and the Customer to acquire them. If after such invoicing but before payment the Customer requests cancellation of the reproduction rights Barbara Leatham Photography may in its discretion cancel subject to the Customer paying a cancellation fee.
(b) The Customer 's right to reproduce a picture arises only when Barbara Leatham Photography’s invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or invoices). Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling Barbara Leatham Photography to rescind the Agreement and rendering the Customer liable for the payment of damages.
(d) If payment is not made in accordance with (a) above then Barbara Leatham Photography may rescind this Agreement and recover damages, or, at its option, may exercise its statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1998.
(e) If any invoice issued to the Customer is not paid by the due date, then all unpaid invoices issued to the Customer become due of immediate effect, even if it is less than 14 days from the issue date, and that Barbara Leatham Photography may consider these invoices as overdue when pursuing legal action for the recovery of said debts.
(f) A fee of £25 will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuit of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.
(g) Barbara Leatham Photography reserves the right to suspend ongoing services, such as (but not limited to) the Downloadable Web Page, or other distribution of pictures, once any invoice issued to a Customer becomes overdue, and also reserves the right to inform the reason of this to third parties to whom this suspension of service affects.
On the Customer's death or bankruptcy or (if the Customer is a company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, Barbara Leatham Photography may at any time thereafter inspect any records, accounts and books relating to the reproduction of its pictures, to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Customer.
(a) Barbara Leatham Photography will edit every take and deliver what it considers to be the best of every situation covered. As a result, contact sheets (or their digital equivalent) will only be supplied to the Customer in exceptional circumstances.
(b) No addition to, deletion from or alteration to or adaptation of a picture may be made without the written permission of Barbara Leatham Photography.
(c) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
In the case of printed publications, three copies of the relevant pages containing any picture supplied are to be furnished to Barbara Leatham Photography free of charge within two weeks. In other media, evidence of use must be made available if requested.
(a) While Barbara Leatham Photography takes all reasonable care in the performance of this agreement generally, it shall not be liable for any loss or damage suffered by the Customer of by any third party arising from use or reproduction of any picture or its caption.
(b) The Customer agrees to indemnify Barbara Leatham Photography in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Customer by Barbara Leatham Photography.
(c) It is the Customer who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained. It is acknowledged that Barbara Leatham Photography gives no warranty or undertaking that any such rights, model releases or consents, have or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any picture. In the event that the Material issued or reproduced by or with the authority of the Customer; then the Customer shall indemnify Barbara Leatham Photography against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
(a) This Agreement shall be subject to and constructed according to English Law and the parties agree to accept the exclusive direction of the Courts of England.
(b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
Payment should normally be made by crossed cheque made payable to "Barbara Leatham Photography.". BACS details will be supplied with our invoice.
Proof of postage of remittances is not considered proof of receipt, and the Customer is advised to send payment by any method affording proof of delivery.
The terms of Barbara Leatham Photography are strictly net 14 days, unless agreed in advance and in writing.
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.