James Crockford Photography
Terms and Conditions (updated May 2014)
Please find below the full details of our Terms of Business. I know they are very detailed, but I promise there is nothing in there you would not expect. They are designed to cover all aspects of James Crockford Photography – Wedding, Portrait, Pet and Social Event Photography.
In brief they cover:
– Copyright law and how you may use my photographs in in print or on the web
– How I may use your photographs in my marketing
– That I will do our best to capture all of the photographs that you have requested, and what happens when circumstances beyond our control may intervene
– When and how you can pay
– What to do if you are not happy with my services
– What happens if you cancel or need to re-arrange a shoot
– What happens if I need to cancel or re-arrange a shoot
– Placing an order and what to do if there is a problem
– How I may communicate with you in future
James Crockford Photography
TERMS AND CONDITIONS OF CONTRACT
In the following conditions of contract “The Photographer(s)” shall mean James Crockford or, subject to condition 7 below, any photographers appointed by James Crockford. “The Client(s)” shall be those whose name appears on the booking form / contract. The due performance of the contract is subject to the conditions below and they cannot be varied in any way by The Client(s) unless such conditions are expressly agreed by The Photographer(s) in writing.
1. Copyright: The 1988 Copyright Act assigns the copyright of the photographs to The Photographer(s). It is therefore contrary to the Act, and illegal, to copy photographs, or allow to be copied, by any means photographic or otherwise, by any person or machine other than by The Photographer(s) or their appointed agents. Where digital files are provided to a client as part of a contract or as an additional purchase then the client has full reproduction rights on the images.
In all cases and at all times, images supplied by James Crockford Photography that are used in promotional literature, magazines and on the internet, must be credited to James Crockford Photography.
2. Display: The photographer reserves the right to use any image produced under this contract (whether produced on photographic film or digitally) for display, promotional and any other purposes, providing that the images used are used lawfully and without damage to The Client(s).
3. Licence, Coverage and Reproduction:
a. The Photographer(s) shall be granted artistic licence in relation to the poses photographed and the locations used. The Photographer(s) judgement regarding the location, poses and number of photographs taken shall be deemed correct.
b. Photographs taken during the course of a booking will be at the discretion of The Photographer(s) although every effort will be made to comply with The Client(s) requirements.
c. The Photographer(s) shall endeavour to photograph all individuals as requested by The Client(s) at some point during the booking, but no responsibility will be taken by The Photographer(s) in the event of leaving somebody out.
d. For a booking involving a church or civil ceremony The Photographer(s) movements are sometimes restricted by the minister/Registrar in charge. The area from which The Photographer(s) are able to cover the ceremony may not be The Photographer(s) choice and The Photographer(s) cannot accept responsibility for any obstructed view should this be the case.
e. For a wedding or other occasion booking The Photographer(s) shall endeavour to capture all the moments throughout the day as they occur. However, because of the nature of the event, as a one off, some unforeseen moments might not be recorded.
f. Please note that any alterations made to the booking by The Client(s) once details have been confirmed may only be made at the discretion of The Photographer(s) and in some circumstances (such as the change of ceremony date for a wedding booking) The Photographer(s) may be unable to accommodate these alterations due to a conflict of commitments. Under these circumstances The Photographer(s) are not liable to compensate The Client(s) in any way whatsoever.
g. Due to a variety of lighting conditions and the limitations of professional film or digital capture, some colours may alter slightly throughout a set of photographs. Please note that certain colours do not reproduce exactly on photographic film or paper.
h. It is understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not necessarily be facsimile over the whole range of colours within a subject. It is also understood that prints made at different times or in different sizes may be variable in colour balance.
i. Please note that if you purchase the digital files from your shoot, these may not be altered in any way without the prior and written permission of The Photographer.
j. All print and presentation sizes quoted are approximate and subject to the discretion of The Photographer(s).
k. Although all equipment is checked regularly, The Photographer(s) will not be responsible for photographs that are not produced due to technical failure, either at the shooting or processing stage.
l. Not all photographs taken will be submitted, the final selection of images/prints submitted will be entirely at our discretion.
m. The Client(s) agrees that The Photographer(s) will be the sole professional still photographer. If the Client employs a videographer for video coverage, all parties will agree that the videographer and/or their associates will not take still images. Furthermore, The Client(s) agrees that The Photographer(s) will be given priority over camera position and authority regarding the videographer and/or their associates.
a. Where the contracted date is no more than 12 months after the date of signing, all photographic services undertaken on that date are supplied at the prices ruling on the date of signing. The main reprint order, that is the remainder of the package booked, if placed within no more than six months of the contracted date is also supplied at the prices ruling on the date of signing. All additional reprint orders, including the main reprint order, if placed after six months of the contracted date, and small reprint orders placed at any time, are supplied at the prices ruling at that time.
b. The Client(s) will be liable to pay any additional expenses incurred by The Photographer(s) during the booking not already included within the contract price.
c. Where an overnight stay is required, hotel accommodation costs will be added. If a client requests that the photographer stays on longer than the originally agreed timescale, additional fees will be added to the invoice in accordance with our fee structure. Wherever possible we will endeavour to ensure that photographs are sent to the client within any specific deadlines requested, however this cannot be guaranteed due to prior diary commitments. London bookings may incur an additional congestion charge fee.
a. Wedding Client(s) – a non-refundable booking fee of £400 along with a completed contract will confirm your booking. This is non-refundable in the event of your cancellation, but deductible from your final invoice. Please note that your booking is not secured until we receive your booking fee, and we are unable to hold a date without it having been paid.
Upon payment of the booking fee, the photographer will reserve the event date on behalf of the Client(s) and reject all other requests for event coverage on that date. Thus, if for any reason the wedding is cancelled or postponed, all monies paid up to the date of cancellation are non-refundable and non-transferable to a new date. To reserve a new date a new booking fee will be required at the current rate.
A second payment of 50% of the remaining balance is payable six months before the wedding.
The remaining balance is then payable 8 weeks before the wedding.
Any albums included in the package must be ordered within one year of the wedding date, or you may incur an additional charge due to increases in cost by our suppliers.
All additional goods are payable on ordering.
b. Portrait / Pet /Social Event shoot Client(s) – all photographic fees are payable in full on booking a shoot, along with a completed contract. All additional goods are payable on ordering.
c. Title to all goods remains the property of James Crockford Photography until paid for in full by The Client(s).
d. Please note that when purchasing the print and web resolution digital files option, the images contained on the disc/download will only be those shown at the viewing (i.e. the final selection which have been processed and edited).
e. Payment can be made directly to our bank account. Contact us directly for our bank details. Please use your name or invoice number as a reference. Any cheques should be made payable to ‘James Crockford Photography’.
6. Complaints: In the unlikely event of an unresolved complaint with regards to our service, the client may request the Master Photographer Association to act as independent conciliators. Their recommendations will be accepted as final.
7. Force Majeure:
a. The due performance of the contract is subject to alteration or cancellation by The Photographer(s) owing to any cause beyond their control (i.e. sudden illness/injury).
b. The Photographer(s) have other professional photographers who will be contacted by their staff (or family) in the event that they are not able to attend your booking due to clause 7a.
c. In the event of cancellation by The Photographer(s) (although all attempts will be made to arrange for another photographer to be present – see clause 7b) or in the unlikely event of total photographic failure (although re-shoots may be arranged if practicable – The Photographer(s) will not be responsible for costs in order to stage such re-shoots), The Photographer(s) liability shall be limited to a full refund of any deposits and fees paid.
8. Negatives or digital files:
a. The negatives and digital files shall remain the property of The Photographer(s) and shall be kept by them for not less than 12 months from the contract date.
b. Should negatives or digital files be lost, damaged or destroyed for reasons beyond control The Photographer(s) 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.
c. All orders should be placed with The Photographer(s) before the end of the 12 month period starting at the contract date. The Photographer(s) will not be liable for failure to produce any orders placed after this time.
9. Cancellation Fees: If The Client(s) should have to cancel a booking the following cancellation fees (as may be appropriate to their case) will become due immediately upon said cancellation.
a. Wedding client(s) – see clause 5a.
b. Portrait, pet, and Prom Social Event Shoot client(s) Cancellation notification received less than 7 days before the event / shoot that James Crockford Photography has been booked for, may still be charged 100% of the fees and will be charged any additional costs incurred (i.e. Hotel bookings and train tickets). Where possible we will re-arrange, though this is at the discretion of The Photographer and will be subject to diary availability.
10. Placing an Order and Receipt of Goods:
a. Any alterations to product orders must be notified either by telephone or in writing (sent by special delivery) within one working day of the order being placed. The Photographer(s) will not be held liable for any costs incurred due to alterations to the order made by The Client after this time. Due to the nature of the product, cancelled orders cannot be refunded after this time.
b. All wedding orders will take approximately six to eight weeks to complete. All other orders will take approximately four to six weeks. The Client(s) will be informed by either telephone or in writing once the order is ready and will be delivered.
c. The Photographer(s) must be notified either by telephone or in writing (sent by special delivery) within five working days of The Client(s) being in receipt of their order in the case of error, shortage or damage as mistakes cannot be rectified after this period.
d. If you are not satisfied with your order or it arrives damaged please send it back and we shall either refund you or send out a replacement. Refunds shall be made within 30 days of receiving the returned item.
e. Customers are responsible for return postage costs as well as the proper packaging to ensure safe return. We cannot refund items that are deemed un-repairable through return package. We advise any customers returning items to do so using recorded postage as we cannot be held liable for non-deliveries.
11. Future communication: Clients details are stored on the James Crockford Photography database and used for all communication with the clients, including mail correspondence, newsletters and emails. These details are only ever used by James Crockford Photography and our partner business Associated Images, and will not be forwarded to any other organisation. If you would prefer not to receive news from us about special offers, new products and services, please let us know.
12. Prize draws. Raffles and Competitions: the details of all entrants into our competitions will be entered into our database and used as per clause 11. Winners are decided either by draw or by the owners of James Crockford Photography, whose decision is final.
13. Governing Law: Any contract made between The Photographer(s) and The Client(s) shall in all respects be governed by and construed in accordance with English Law and the parties hereto submit to jurisdiction of the English courts.
14. Insurance: The Client(s) are hereby advised to take out an insurance policy to cover any expenses in the event of cancellation.