In the following Terms and Conditions, the “Photographer" shall mean Bizzy Arnott trading as Bizzy Arnott Photography together with any assistant engaged to work with the Photographer. The “Client(s)" shall be those persons defined at the time of booking the Photographer’s services. When the Photographer is engaged by a third party, such as an event organiser, all references to the Client(s) shall be interpreted to include the third party. "Photographs" mean all photographic material furnished by the Photographer.
These Terms and Conditions govern the provision of the Photographer’s Services and form the basis of the Agreement between the Client(s) and the Photographer. Under the Agreement the Photographer will provide the Photographer’s Services and the Client(s) will pay for them in accordance with the terms set out in these Terms and Conditions. Before booking the Photographer’s services, please ensure that you have read these Terms and Conditions carefully.
1. THE EVENT
Details of the event to be photographed will be agreed between the parties by email (text, WhatsApp and social media messaging is not acceptable). Such details to include a description of the event; the Client(s) name and contact details; date and location; start and finish times; approximate number of Photographs to be delivered; key Photographs to be captured; the Photographer’s fee and estimated expenses.
The Client(s) shall notify the Photographer of any changes to these details in writing.
2. BOOKING CONFIRMATION
Upon written confirmation by the Client(s) accepting the Photographer’s fee quote, the Photographer will reserve the event time and date on behalf of the Client(s) and will reject all other requests for event coverage on that date. In booking the Photographer, the Client(s) accepts the Photographer’s Terms and Conditions, unless otherwise stated in writing, and a binding Agreement between the Client(s) and the Photographer will be created.
No deposit is required to secure the booking.
The Client(s) may cancel this Agreement at any time by giving written notice to the Photographer who shall reserve the right to charge a cancellation fee, equivalent to 50% of the agreed fee, if cancellation is made with less than 12-weeks’ notice from the date of the event. All cancellations must be in writing.
The Photographer shall be granted creative and artistic licence in relation to the poses photographed and the locations used. The Photographer’s judgement regarding the locations, poses and number of images taken shall be deemed correct.
The Client(s) acknowledge that they are familiar with the Photographer’s portfolio and are requesting services with knowledge of the Photographer’s style. The Photographer shall use her artistic judgment to capture images consistent with her personal vision of the event, which vision may be different from the Client(s) vision of the event. Accordingly, the Client(s) acknowledge that the Photographs shall not be subject to rejection based on taste or aesthetic criteria.
The Photographer will endeavour to take all the Photographs agreed at the time of booking. However, because of the vagaries of the weather and as social events are uncontrolled affairs, the Photographer cannot guarantee delivery of any specifically requested images, backgrounds, locations or group shots. Other factors that may limit the ability to capture requested images include changes to timings, restricted access, the unwillingness of subjects to cooperate or if the Photographer is unable to locate certain persons.
All images will be adjusted at the Photographer’s discretion for exposure, brightness, contrast and sharpness. The Photographer cannot guarantee exact colour matching as it is sometimes impossible to digitally record the exact colour as seen by the human eye, especially if the venue is badly lit or where strobe lighting is used. If the Client(s) request further retouching or digital manipulation after receipt of the Photographs, then the Photographer reserves the right to charge an additional cost.
The Photographer will deliver to the Client(s) a set of high resolution digital Photographs within four weeks from the date of the event. Post production work takes up to three times longer to complete than the actual time spent on the shoot, so during busy periods Photographs will not be ready before this time.
Once digital photographic files have been delivered, the responsibility to preserve the images passes to the Client(s) and the decision whether the Photographer will keep a copy or not will be entirely at the Photographer’s discretion.
The Client(s) will also be provided with access to a set of Photographs bearing the Photographer’s watermark, which should be used for social media purposes.
The 1988 Copyright Act assigns the copyright to the Photographer. It is contrary to the Act to copy or allow to be copied, any Photographs covered by this Agreement. The Photographer grants the Client(s) permission to make copies of the images under the condition that the images taken by the Photographer are for personal use by the Client(s) and their friends and family. Sale, Publication or any Commercial use of the Photographs is not allowed without prior written permission from the Photographer.
8. SOCIAL MEDIA
The Photographer grants the Client(s) permission to post the Photographs on social media on the condition that the Photographer’s watermark is included on each photograph and they are properly accredited as having been taken by the Photographer. The Photographer asserts her statutory right to be identified as set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
The Photographer retains unrestricted rights to use the Photographs to promote the Photographer’s work. Such purposes include, but are not limited to: advertising, internet promotion, the Photographer’s web site, photography books, sample albums and any other use thought proper by the Photographer. If the Client(s) does not want their images to be used by the Photographer for the purposes stated above, they must notify the Photographer in writing at the time of booking.
10. CLIENT(S) CONFIDENTIALITY
The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to her in confidence for the purposes of the event photography, save as may be reasonably necessary to enable the Photographer to carry out her obligations in relation to the commission.
11. FEE & EXPENSES
The Photographer’s fee, as quoted at the time of the original booking, will be fixed for 12 months unless the Client(s) subsequently vary the scope of the commission, such as the number of hours required.
The Photographer will additionally charge for all reasonable out of pocket expenses incurred travelling to and from the event, as well as for overnight accommodation and subsistence, if required and as agreed with the Client(s). Where extra expenses or time are incurred by the Photographer because of alterations to the original brief, the Client(s) shall be liable to pay such extra expenses or fees at the Photographer's normal rate.
Payment by the Client(s) of the Photographer’s fee plus expenses will be expected for the commissioned work within 14 days of the relevant invoice, which unless otherwise requested will be issued once the Client(s) is in receipt of their Photographs. If the invoice is not paid in full within this time, the Photographer reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
13. FORCE MAJEUR OR ACTS OF GOD
The due performance of this Agreement is subject to alteration or cancellation by either party owing to any cause beyond their control. Whilst the Photographer’s equipment is regularly checked 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.
In the unlikely event that the Photographer is unable to attend your event due to unforeseen circumstances, the Photographer reserves the right to appoint another Photographer. The Client(s) has the right to refuse to accept the substitute photographer and may instead terminate this Agreement.
The Client(s) will indemnify the Photographer for the cost of any equipment that may be damaged or stolen whilst the Photographer is photographing the Client(s) event.
In the unlikely event of a total photographic failure or any other circumstance outside the Photographer’s control, the liability of the Photographer to the Client(s) shall be limited to the total value of the Agreement. The Photographer shall not be liable for any indirect or consequential losses.
Whilst the Photographer shall use all reasonable endeavours to ensure that all Photographs delivered in a digital format are free from viruses and errors, she provides no guarantee that the Photographs will be free from such defects and accepts no liability for any loss or damage which may result from the same.
16. PERSONAL ACCIDENT
Any directions issued to the Client(s), their guests or employees during the event are deemed to be at said persons own risk. The Photographer cannot be held responsible for any personal accidents during a photographic shoot.
17. DATA PROTECTION
All personal information that the Photographer may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and the Customer’s rights under the GDPR.
18. GOVERNING LAW
This Agreement shall be governed in accordance with the laws of England and Wales.
It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this Agreement shall be effective unless agreed by both parties in writing.