In the following terms and conditions “the photographer” shall mean Forever Photos by Patrice. “The client(s)” shall be those persons defined on the booking form. It is mutually agreed that the following terms of agreement form an integral part of this contract and cannot be varied in any way by the client(s) unless such conditions are expressly agreed by the photographer in writing.  By booking with the photographer you have formed a contract and agree to the below Terms and Conditions.

 

1. Booking Fee:

1.1 A booking fee of £45 is required at the time of booking in order to reserve and secure the appointment unless otherwise confirmed by the photographer. Payment is to be made by bank transfer.

 

2. Payments:

2.1 The booking fee covers the photo shoot itself, processing time and 1 digital image. Each digital image thereafter is £45 and discounts apply subject to the quantity of images ordered.  Payment for further digital images, prints, mounts and framing options are to be made at point of order.

 

3. Prices:

3.1 All charges and additional goods specified on the booking form are supplied at the prices agreed on the date of booking.  Goods not specified on the booking form at the point when the session was booked will be supplied at prices agreed by both the client and the photographer and an additional booking form detailing the order will be raised.

 

4. Display:

4.1 The client hereby permits the photographer to display any photograph covered by this contract and to generally promote the business for marketing purposes which can include advertising and/or editorial articles in brochures, magazine articles, websites, sample albums etc.

 

5. License, Coverage and Reproduction:

5.1 Photographs taken during the course of the session/event will be at the discretion of the photographer although every effort will be made to comply with the client(s) requirements.

5.2 The photographer shall be granted artistic license in relation to the poses photographed and the locations used. The photographer’s judgement regarding these matters shall be deemed correct.

5.3 When attending events the photographer shall endeavour to photograph all individuals as requested by the client(s) at some point, but no responsibility will be taken by the photographer on the occasion where it has not been possible to capture certain individuals (pets or persons) due to the lack of their availability during the event.

5.4 At certain venues, the photographer’s movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the event may not be the photographer’s choice and the photographer cannot accept responsibility for any obstructed view should this be the case.

5.5 Due to uncontrollable situations such as lighting conditions at outside locations or at events, the colour finish and contrast of the photographs may alter during the course of photo shoot.

5.6 All photographic equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available.  The photographer will not be responsible for photographs that are unable to be produced due to technical failure.  Should technical failure occur during a photo shoot with a client, the photographer will offer a replacement session at a mutually agreeable time and date to suit both the client and the photographer.

 

6. Prints, reprints and enlargements.

6.1 Printing and enlargements sizes are typically at an aspect ratio of 4:3.  All images are taken with the aspect ratio of 4:3/3:4, however some images lend themselves to be cropped to an alternative ratio. Please seek advice before ordering enlargements especially if you are outsourcing your printing requirements with a third party other than Forever Photos.

 

7. Postage & Packaging:

7.1 The post and packing charges are available on application.

 

8. Creative License:

8.1 The photographer shall be granted creative and artistic license in relation to the choice of locations and poses used. The photographer’s judgement on photographic style and the number of photographs taken shall be deemed correct. Some photographs may not be possible due to changes of the weather and the availability and willingness of subjects.  The photographer will do their best to honour requested photographs but cannot guarantee any specific picture nor incorporate any specific background, location or group arrangement.

 

9. Copyright:

9.1 The Copyright, Designs and Patents Act 1988 assigns copyright to the photographer, unless at the time of booking a release is negotiated. By purchasing images in either print or digital formats you are purchasing the right to the image, not the copyright and therefore have no rights to reproduce the image in or on any medium for commercial or online publications.  You may not copy the photographs taken under this contact, or allow copies to be made photographically, electronically, or by any other means. This is a standard condition for professional photographers.

9.2 The Photographer will however, grant permission to the client to publish their digital copies to the client’s own personal social media sites such as Facebook, Twitter, Google+, Instagram, Pinterest, Linked-in, Tumblr, Flickr and any other.  However, any such publication must include accreditation to the photographer on the image.

 

10. Ownership:

10.1 All digital negatives (RAW format computer files) remain the property of the photographer. The photographer will supply a copy of the edited digital negatives in Hi-Res.JPG format to the client(s) for their own non-commercial use.

 

11. Force Majeure:

11.1 In the unlikely event of photographic equipment failure, injury or sickness beyond the photographer’s control, their liability shall be limited to a full refund of all monies paid. Your statutory rights are not affected.

 

12. Cancellation:

12.1 Should the photographer have to cancel the appointment for reasons beyond their control (injury, sickness, etc.), an alternative appointment date will be offered which is mutually agreed by both parties.

If the client cancels the appointment an alternative appointment date will be offered which is mutually agreed by both parties. Should the client choose not to proceed with the photographic session whatsoever, the photographer reserves the right to retain the 20% booking fee to cover their administration costs.

 

13. Postponement:

13.1 In the event a photo shoot needs to be postponed, all monies paid may be applied to the new appointment. In this case, the total fees chargeable shall be the fee which applies at that time.

 

14. Postponement Due To Adverse Weather:

14.1 If the appointment has to be cancelled due to adverse weather conditions, a new, mutually agreed appointment will be made.

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15. Personal Accident:

15.1 Any directions issued to clients, their guests or employees during a photographic shoot/event are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.

15.2 The control of all pets present during the photographic session are the responsibility of the owner/client.

 

 

CLIENT PORTRAIT AGREEMENT & MODEL RELEASE:

I have read and agree to the following statement terms: By entering into a contract with Forever Photos by Patrice, I commission Forever Photos by Patrice, the photographer, to photograph my family pet and if at my request, myself, family and/or my child/children.  In so doing, I hereby grant the photographer the irrevocable and unrestricted right to use and publish the photographs of my family pet, myself, family and/or child/children) for editorial, trade, advertising and any other purpose and in any manner or medium; to alter the same without restriction; and to copyright the same. I hereby release Forever Photos by Patrice from all claims and liability relating to said photographs.