Effective from 01/07/2008
1. The following words or expressions shall have the meanings stated:
"The Photographer" Jonathan Stratford trading as J Stratford Photography.
"The Client" means the person identified as the client on a Booking Form.
"Booking Form" means a form (whether or not printed on the reverse of these Terms and Conditions or submitted via our website) completed by the Client by which the Client 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 Client for creation of Material by the Photographer.
"Price" means the price for an Order as set out on a Booking Form.
2. Any work of any description undertaken by the Photographer pursuant to an Order shall be subject to these Terms and Conditions.
3. 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:
3.1 specifically set out in these Terms and Condition or
3.2 may otherwise be agreed by the Photographer in writing.
4.1 In consideration of the Price the Photographer will undertake such work as is necessary to fulfil the requirements of an Order.
4.2 In consideration of the Photographer's agreement in paragraph 4.1 above the Client will pay the Price in accordance with the provisions set out in paragraph 5 below.
5. An Order shall be subject to the following provisions:
5.1 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 Client prior to the taking of any steps to create any Material.
5.2 In the event of a cancellation of an Order by the Client, 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.
5.3 The Photographer shall be entitled to agree to regard any Order that is not evidenced in writing as invalid.
5.4 The Photographer licences the Client to utilise the Material produced as a result of the Client's Order to the extent set out in writing between the Client and the Photographer. Any breach of such licence shall automatically revoke such licence without further notification from the Photographer.
5.5 Unless specifically otherwise agreed in writing between the Photographer and the Client, the Photographer is entitled to utilise Material ordered by the Client for the advertising, marketing and promotion of the Photographer's business.
5.6 The Photographer shall be entitled to sub-contract his obligations under an Order at his discretion.
5.7 Save as otherwise agreed between the Client and the Photographer, the Photographer shall be entitled to use his judgement regarding the appropriate style and artistic approach in the production of Material.
5.8 The Photographer shall not be liable to the Client for any failure, in whole or in part, to fulfil 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.
5.9 On completion of the Photographer's obligations under an Order, the Photographer shall deliver an invoice for the Price to the Client and the Client shall pay the Price (or any balance of it) within 30 days of the date of the invoice. Any sum outstanding after the expiry of 30 days shall have the following consequences:
5.9.1 Interest at a rate of 5% per annum above the base rate of the Bank of England shall accrue in respect of any outstanding sum.
5.9.2 Any licence granted by the provisions of paragraph 5.4 above shall 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.
6. Where the Photographer has been contracted by the Client under the Three Step Event Photography product, the following additional provisions will apply:
6.1 The Client will promote, in event literature and at no cost to the Photographer, the Photographer's services, website and any other material produced by the Photographer in agreement with the Client.
6.2 The Client will be responsible unless otherwise agreed in writing for ensuring a suitable working environment for the Photographer with all necessary facilities including but not limited to a standard electrical output suitable for the Photographer's equipment, a dry and sheltered environment in which to work and close vehicular access.
6.3 The Photographer will retain the copyright of all material taken at the event with no permission given for the material to be copied digitally, printed or in any other form unless explicitly expressed in writing.
6.4 The Photographer shall not be responsible for ensuring that the material is accessible by the event attendees. Due to copyright infringement considerations where the material is posted on the internet, the website will also take into account the Photographer's interests as well as the ease of accesibility of the material. It is the Client's responsibility to request printed brochures of the event which the Photographer reserves the right to make a charge to cover the cost of printing and delivery.
6.5 The Photographer reserves the right to seek suitable remuneration from those parties responsible for any attempt by the Client or the Client's Customers to gain access by reverse engineering or otherwise or to cause damage whether deliberate or otherwise to the material whether digital or printed taken by the Photographer with the intent of avoiding copyright or profiting from the Photographers material.
6.6 No other photographer and no other camera or camera device is allowed at the event whilst the Photographer is on the premises and engaged in fulfilling the contract with the Client.
6.7 The Photographer retains the right to charge the Client the standard session rate should any of these terms and conditions be breached. A half day session of up to 6 hours is chargeable at £395 plus costs whilst a full day of over 6 hours is £695 plus costs.
7. The contractual relationship between the Photographer and the Client shall be governed by the laws of England and Wales.
8. An Order, as evidenced by information on the Booking Form and as governed by and together with these Terms and Conditions (taking into account any amendments to these Terms and Conditions that may be expressly agreed between the Photographer and the Client in writing), shall form the entire agreement between the Photographer and the Client, save as otherwise agreed in writing.
© 2008 - 2009 J Stratford Photography