Terms and conditions
It is mutually agreed that the following terms and conditions form an integral part of this contract/invoice and that no variation or modification of this contract shall be effective unless accepted by AB Photography (also called “the Photographer” or “the Photographers”) in writing.
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1 Definitions
Booking Form - A booking form signed by you further detailing the Photo Services.
Photo Services - The event or series of events during which we shall provide photographic services to you i.e. for a Wedding this shall be the Wedding Day or for a portrait this shall be the day of taking the portrait(s).
Reproduction - Any form of publication or copying of the whole or part of any Photo whether altered or not and whether by printing, photography, slide projection (whether to an audience or not), xerography, electronic or mechanical reproduction or storage, or for any use as artist's reference or illustration, or in a layout or presentation.
Booking Fee - A fee taken for our Photo Services.
2 Ownership and Copyright
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, Designs and Patents Act 1988. 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 permission of The Photographer/s in writing.
3 Website Display & Promotional Usage
The client(s) hereby allow(s) the photographer to display any photo covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums and portfolio etc. A sneak peek photo/swill be published onto AB Photography’s Facebook Page. If you do not wish your photos to be used in this way, please agree this with the photographer at the time of booking.
The photographer will aim to keep these photographs safe from any malicious activity but cannot be held liable or accountable for malicious actions carried out by persons other than AB Photography.
4 Law
These Terms and Conditions shall be governed and construed in accordance with the Laws of England.
5 Licence
The Photographer shall be granted artistic licence in relation to the poses photographed, the location used and digital retouching. The Photographers’ judgement regarding the locations, poses and number of photographs taken shall be deemed to be correct. However if you have any suggestions at to the above these must be discussed prior to commencement of Photo services.
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6 Photographs and Images
All photograph and image sizes are nominal. The Photographer will provide a pleasing colour balance but cannot guarantee exact colour matching. In the case of part mono/part colour images, the colours used will be subject to the photographer’s artistic interpretation and will be deemed to be correct. All images supplied by AB Photography are produced to the highest standards using the best quality software and latest processing techniques.
Colour photography is undertaken within the technical limitations of the process and certain colours may not necessarily be facsimile over the whole range of colours within a subject. Prints made at different times may be variable in colour balance. Please note that some fabrics such as two-tone taffeta/satin react differently in some lighting conditions and can cause the colour of the dresses to change, giving incorrect colour beyond the photographer’s control – it is advisable therefore not to choose this kind of fabric – please discuss with the photographer if you are in any doubt, as the photographer cannot be held responsible for the natural colour deviation which may occur.
All original negative/digital materials remain the property of the photographer.
It is understood that the copyright of all and any photographs belongs to AB Photography. No photographs may be edited by any means photographic or otherwise by any person or machine other than by the photographer or appointed agent.
7 Booking Fee and Balance
A £30 (£50 for weddings) deposit is required. Once this has cleared your Photo Services will be reserved. The balance is payable on delivery of the finished photos. Balance payment will be deemed as final acceptance of images supplied and no refunds will be given after this date. Any further re-touching will be subject to further cost.
8 Payment
Payment can be made by the following methods:
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Bank Transfer – Nationwide Building Society S/C 070436 A/C 14717128
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Cash
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Cheque - Payable to Mr A Bloomfield (Cheques must clear before images are released.)
9 Change of Date
If you need to change the date of the Photo Services, then any new date will be subject to the Photographer's availability. We shall use reasonable endeavours to arrange an alternative date for the Photos Services. If we can agree a revised date, we will ask you to fill in a new Booking Form which shall constitute a new agreement on these same Terms and Conditions. In the event that we cannot agree another date with you then the deposit will be subject to Clause 15 of these Terms and Conditions.
10 Our Obligations
We will use reasonable endeavours to supply the Photo Services as detailed in the Booking Form in a professional manner (time not being of the essence in respect of any of our obligations).
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11 Your Obligations
You agree to co-operate with us in all matters relating to the Photo Services and to supply us with all information reasonably requested by us in order for us to carry out the Photo Services.
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12 Force Majeure
The photographer will endeavour to put the client(s) in touch with another photographer in the event they are unable to attend on the shoot date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding etc. In the event of cancellation by the photographer, or in the very unlikely event of total photographic failure, liability shall be limited to a full refund of any fees paid.
We shall have no liability to you under this Agreement if we are prevented from carrying out the Photo Services by:
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the bride and groom or wedding party not being on time and/or the church, the reception, or the place of the wedding having photography restrictions;
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any inhibiting background, location, or additional arrangements with other photographers; and/or
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any acts, events, omissions or accidents beyond our reasonable control, including strikes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, inclement weather or default of suppliers or sub-contractors.
In the event of incapacitating illness or injury to the Photographer we shall have the option, whenever possible, to mutually agree with you a replacement photographer to carry out the Photo Services. If we cannot agree a replacement then we shall refund to you any fee paid in relation to the interrupted Photo Services in full (subject to our limitation on liability in Clause 13).
13 Liability
The Photographer shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or for any loss to our customers arising from delay in transit. Where work is defective for any reason, including negligence, the photographer's liability (if any) shall be limited to rectifying such defect.
Personal Accident Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
Our entire liability for any breach of this Agreement or any representation, act or omission (including negligence) shall be limited to our fee in relation to the Photo Services and we shall not be responsible for any special, indirect or consequential or pure economic loss, costs, damages, charges or expenses.
The limitation on liability shall also apply in the event that Photos are lost through equipment malfunction, are lost in the mail or otherwise lost or damaged where the Photographer is not liable.
Nothing in these Conditions limits or excludes our liability for death or personal injury resulting from negligence; or any damage or liability incurred by you because of fraud or fraudulent misrepresentation by us.
Although the photographer and appointed agents shall exercise all reasonable skill, care and diligence in the discharge of their duties, it is understood that, in the event of any unforeseen circumstances causing loss of photographic record, the photographer will only be responsible for the return of all the money paid to date, although every effort will be made to retake the photographs.
14 Wedding Insurance (if applicable)
You are advised to take out an appropriate wedding insurance policy if you are booking the Photo Services for a wedding.
15 Cancellation
Up to one month before photo shoot – Upon receiving a cancellation notice in writing AB Photography will reimburse any monies paid in full (excluding exceptional costs).
Less than one month before photo shoot – If cancelling your contract less than one month prior to the date of the photo shoot all monies paid will be retained by AB Photography
16 Delivery
Digital proofs can take up to 7-10 working days, which will be provided in a private online folder. If no further re-touching is required, then the images will be supplied within 5 days of payment, either via USB or online download.
This time frame is given to allow the time required to professionally prepare your images to the highest standard.
During busy periods, such as Christmas there may be an additional waiting time on Proofs & Final Images which will be advised at the time of order.
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Products purchased through AB Photography will be subject to an additional waiting time - you will be advised of this when ordering.
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17 Prices
All services and/or goods are supplied at the current prices ruling at the time of supply and are subject to change without prior notice.
18 Vouchers
Only one voucher or offer can be used per session from that session.
19 Retouching
The final output and finish of any image that is re-touched will be at the photographers’ discretion.
20 Complaints
Any complaints should first be raised by the client with the photographer in writing within 21 days from the date of receipt of images.
21 Storage of Images
Original digital images are kept on an active file for three months, after which time they will be subject to deletion without notice unless expressly stated otherwise by the Photographer.
The Photographer reserves the right to amend these Terms and Conditions without prior notice.
22 General
These Terms and Conditions and the Booking Form constitute the whole Agreement between the parties and supersede all previous agreements between the parties relating to its subject matter.
No variation or agreed termination of this Agreement or of any document referred to in it shall be effective unless it is in writing.
If any provision of this Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
A person who is not a party to this Agreement shall not have any rights under or in connection with it.
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of England and Wales.
The acceptance of the booking outlined on the booking form once completed is based on agreement by the client of the terms and conditions stated herein.
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AB Photography Coronavirus Policy
At AB Photography we take health and safety very seriously. Considering the current outbreak of Coronavirus (COVID-19) we have put together some information which is based on Public Health England advice.
We have adopted the following special measures in response to the Coronavirus outbreaks:
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Government advice is to stay alert and we will continue to monitor Government advice.
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Customers will be required to disclose if anyone coming to the session has had a fever or any other symptoms such as coughs or has been in contact with anyone displaying Covid-19 symptoms, suspected of having Covid-19 or has had a Covid-19 positive test result within 14days before their session. Appointments will be re-arranged, at no cost.
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In the event of Photography sessions being told to stop by Public Health England due to the coronavirus, refund/credit or rearrangement will be offered and mutually agreed. (Replacement Shoots will be offered at a later date, In Line with Government guidance). Where AB Photography has to cancel sessions a full refund will be issued and priority booking will be given to clients affected, if the shoot can be rearranged- no further reimbursement claim can be made against AB Photography.
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Additional cleaning measures have been put in place including but not limited to:
Before and after every session the backdrops are cleaned by using disinfectant and/or steam cleaning.
All surfaces that could be touched are sanitised.
To minimise droplets in the air the room will be aired thoroughly.
Sanitising hand gels will be made available for customers to use these upon arrival/departure.
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At least 20 mins will be left between sessions to enable cleaning of all surfaces and accessories and to ensure there is no contact between customers arriving and leaving.
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Face coverings must be worn by those over 11, upon arrival, exit and moving around the area outside of the ‘studio’ (unless exempt).
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Every effort will be made to keep to the 2m social distancing advice at all times where possible both in the ‘studio’ and on location. This includes no shaking hands and moving / adjusting hair or clothes. Parents will be asked to help move their children as required. During the session all instructions will be given from the distance stipulated by and in accordance with social distancing rules.
These are some practical steps you can take to protect yourself and others from viruses:
· Cover your mouth and nose with a tissue or your sleeve (not your hands) when you cough or sneeze
· Put used tissues in the bin immediately
· Wash you hands with soap and water often – use hand sanitiser if soap and water are not available
· Try to avoid close contact with people who are unwell
· Try to avoid touching your eyes, nose and mouth, especially if your hands are not clean.
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This is a fast evolving and ever-changing situation and we will monitor and share any new advice at the earliest opportunity.
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Thanks and best wishes.