Terms and Conditions – the small print
1. It is agreed that the terms set out in this booking form is the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
2. Special requests/coverage. The client understands and accepts that the photographic coverage will be as the photographer’s professional expertise determines and that no one photograph will be deemed more important than another. Special requests are not binding instruction, although every effort is made to comply with the client’s wishes.
3. The Photographer. On occasions and without notice it may be necessary for the photographer originally specified to be substituted by another photographer (e.g. due to ill health).
4. Retouching (beyond basic image processing i.e. cropping, straightening, basic colour balance and exposure adjustment), digital manipulation and artist finishing is available to the client as an optional extra.
5. Copyright of all photographs belongs to Martin Hambleton. 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. 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 in writing.
6. Digital files. Digital files remain the property of the photographer.
7. The photographer shall be granted complete artistic licence including in relation to the poses photographed and the locations used. The photographer’s final judgement regarding the location/poses and number of images taken shall be final. Due to the vagaries of the weather and willingness of subjects it may not be possible to capture all the images requested.
8. Force Majeure or Act of God. The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.
9. The client hereby allows the photographer to display any images included in this contract in portfolios, literature, exhibitions, competitions and advertising and marketing materials, both online and in print.
10. Use of images. The contract includes usage of the photographs as discussed on first booking. Usually, but not exclusively, this is for the purpose of marketing your company, use on your website, or for PR purposes. Subsequent usage for any other purpose may incur additional fees.
11. Payment. Payment is due no later than 14 days after submission of the invoice following completion of the work. As per the Late Payment of Commercial Debts (Interest) Act 1998, interest may be charged on amounts not paid within 14 days of date of invoice at a rate of interest of 8% over the current Bank of England base rate. In addition, a debt recovery sum of £40 may be liable. Please note that a licence to use the images is not considered to have been granted until full payment has been made. Non payment is also considered to be a breach of copyright and legal action may be taken.
12. Complaints. Any complaints should be raised by the client with the photographer in writing within 28 days of first becoming aware of the matter to be complained of and in any event within 28 days of receipt of the images.
All images produced by Commercial Photography North West are protected by Copyright Law. Images may not be reproduced without the express written permission of Commercial Photography North West. Breaches of copyright may result in legal action under civil or criminal law. If you would like to reproduce or use one of our images please get in touch and we will be happy to discuss a usage licence agreement and an appropriate fee with you.