Terms and Conditions
Terms & Conditions
“Business” shall mean Ginny Tarelli Photography
“Client(s)” shall mean “You” the Parties to the Contract/subjects to be photographed
“Event” shall mean the session of photography requested by the Client (also ‘shoot’ ‘photoshoot’)
“Photographer(s)” shall mean Ginny Tarelli Photography
“Products” shall mean any prints, frames, discs, albums, digital downloads or other items listed in the Contract
“Services” shall mean photography to be carried out at the Event or session and any other Services agreed between the Client(s) and the Photographer and set out in the Contract
“A Force Majeure" means an event beyond the control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources. For the avoidance of doubt, it does not include circumstances where the Photographer(s) attend an Event to perform the Services and any of the Parties fail to attend.
It is agreed that the following terms and conditions set out the entire agreement made between the parties, and that no variation or modification of the contract shall be effective unless agreed by both parties in writing. Each party acknowledges that, in entering into the contract, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in the Contract and these Terms & Conditions.
The Photographer(s) may require payment of a deposit/session fee prior to the Event. Where this is the case, the session date (the Event) will not be confirmed until payment is received by the Photographer. The price of the session fee is to be stated by the Photographer to the Client and an invoice sent. The Photographer will provide the Client with an invoice and payment details, and the payment is to be made by the Client within 3 days of the invoice being digitally sent. Late or non-payment may result in the photography Event being cancelled. The Parties acknowledge that the Session Fee is non-refundable or transferable in the event of cancellation by the Client, unless agreed by the Photographer (subject to the Cooling off Period stated below under ‘Cancellation’).
If, after the photography event, the Client wishes to purchase prints, digitals or other Products, the Photographer must invoice the Client once the Parties have agreed which Products are to be ordered. The products will be ordered after payment is received and cleared.
Where payment is to be made by a third party, the Client acknowledges that they shall remain responsible for any balance outstanding in respect of the Contract.
License and Coverage
The Photographer(s) 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 Clients’ requirements, the Photographers’ judgement regarding the location, poses and number of photographs taken shall be deemed correct and not subject to dispute. The Photographer will always acknowledge the specific wishes of the Client.
If children are to be photographed, a parent or guardian must be present at all times.
For Events involving a church ceremony or at certain other venues, the Photographer(s) movements are sometimes restricted by the minister of official in charge: photographing of parts or even all of the ceremony or occasion may be restricted or prohibited, as may the use of artificial lighting. The Photographer(s) cannot accept responsibility for limited coverage in such circumstances.
Whilst the Photographer(s) shall endeavour to fulfil the Clients’ requirements, the Photographer(s) 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.
Any alterations made to this Contract by the Clients once details have been confirmed may only be made at the discretion of the Photographer(s) and should be agreed in writing. Where the Photographer(s) is unable to accommodate alternative arrangements (such as change of ceremony date and or venue) the Photographer(s) are not liable to compensate the Client(s) in any way whatsoever.
Use and Display of Images
The Clients hereby allow the Photographer(s) to display any images relating to the Contract and to generally promote the Business in the Photographer(s) portfolio and by means of advertising, publicity material, websites, exhibitions, competitions, magazine articles, social media and other such media, providing that the images are used lawfully and without damage to the Client(s). The use of Client images in this way is standard in the Industry and provides a means of advertising for the Photographer and allows potential, future clients to view the types of work covered by the Photographer.
Image and Reproduction
All print and presentation sizes quoted are approximate and subject to change at the discretion of the Photographer(s) and may be subject to slight variation. Whilst every effort will be made, the Photographer(s) cannot guarantee exact colour matching and is not held responsible for any colour variations which may occur due to light and location variations.
Due to limitations of computer monitors and variations of computer operating systems, it is understood that images viewed via this method may appear differently according to the specification of each monitor/computer and that prints may not match images rendered on any particular computer monitor.
Where images are made available for use on a CD/DVD player by disc, reasonable steps are taken to ensure compatibility, but the Client acknowledges that discs may not play on all CD/DVD players including those within computers.
RAW images will not be provided to clients as part of digital download packages or otherwise. If a Client does require a RAW image for any reason, the Photographer will consider this request and if granted, charge a fee to the Client to cover the reasonable costs of doing so.
If additional or specific editing work is requested by the Client which is deemed to be over and above the usual editing style of the Photographer, the Photographer may charge additional costs which shall be communicated to the Client prior to the further editing commencing
In the event a product (such as an album) is no longer available, a suitable alternative of similar quality will be offered. The photographers’ choice of an alternative will be deemed as correct and acceptable to the Client(s). Any surcharge resulting from the order of a new product following rejection of a replacement will be the responsibility of the Client(s).
Any negatives and/or digital files shall remain the sole property of the Photographer(s) at all times. All completed albums and other products shall remain the property of the Photographer(s) until full payment is received.
Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988 and remain the copyright of The Photographer(s) at all times unless there is express written agreement to the contrary. 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 written permission of the Photographer(s).
In the unlikely event that the assigned Photographer is unable to attend your Event due to unforeseen circumstances, the Client will be contacted and asked whether they wish to change the Event date, terminate the contract and receive a refund or the Photographer appoint another suitable Photographer(s) to attend the Event o undertake the photography.
Insurance & Limitation of Liability
The Photographer(s) will maintain Public Liability and Professional Indemnity insurance at all times. However, in the unlikely event of a total photographic failure or cancellation of this Contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the Contract. Neither party shall be liable for any indirect or consequential losses to the other.
The performance of this contract is subject to alteration or cancellation due to a Force Majeure Event.
You have a right to a cooling off period within 14 days of making your booking. If you have paid your session fee with this period, you are entitled to a full refund, however if we have completed your photoshoot within this time, you are deemed to have waived your right to a cooling off period. Following the expiry of the cooling off period, if you cancel the Event (photo shoot) no later than 14 days prior to the actual shoot, you are entitled to a full refund or an option to choose another date. However if you cancel with 14 days or less before the Event, a refund is in the discretion of the Photographer.
Where the Photographer(s) has to cancel the Event, due to circumstances beyond his/her control, the full amount of the Session Fee, or the fee agreed between the Parties (if not the same as the session fee), and any further payments received by the Photographer, will be returned to the Client(s) or another date may be agreed. Where it is possible a re-shoot may be arranged between the parties (if practicable) however, the Photographer(s) will not be responsible or liable for any additional costs incurred by the Client(s).
All prices quoted are subject to V.A.T at the prevailing rate (if applicable).
All complaints should be raised by the Client directly to the Photographer in writing within 14 days of the occurrence which gives rise to the complaint. The Photographer will consider the complaint and shall provide a response to the Client within 14 days of receipt of the Complaint. In the unlikely event of an unresolved complaint the Client may request the Guild of Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.
Governing law and jurisdiction
The parties irrevocably agree any dispute arising out of this contract shall be governed and construed in accordance with English Law and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.