Portraits

Portrait Terms and Conditions

TERMS AND CONDITIONS
1. DEFINITIONS - This document sets out the Terms and Conditions by which aster photography (hereinafter called ‘the Photographer/s’) shall capture and produce images of the subject, hereinafter called ‘the Client’. The images shall be captured digitally by the Photographer/s during a photographic session hereinafter called ‘the Sitting’ for which a ‘Sitting Fee’ will be payable.
2. BOOKING FEE AND AGREEMENT - A non-refundable booking fee (‘the Booking Fee’) is charged when the Client signs the Contract instructing the Photographer/s to arrange the Sitting. The Client is deemed to be in agreement with these Terms and Conditions upon signing the Contract and payment of the Booking Fee.
3. PAYMENT - The Sitting Fee is due to be paid on or before the Sitting date, and is in addition to the Booking Fee. The Sitting Fee will be charged for at the Photographer/s prices prevailing at the time of the Clients instruction.
4. DISPLAY - The Client hereby allows the Photographer/s to display any image/s taken pursuant to this Contract in their premises, portfolios, online portfolios/galleries, literature, exhibitions and advertising. No use of the images will be made by the Photographer/s for other commercial reason except with the written permission of the Client.
5. COPYRIGHT - For the avoidance of doubt all copyright in images are owned absolutely by the Photographer/s within the provisions of the Copyright, Design and Patents Act 1988. It is contrary to this Act to copy or allow to be copied photographically, electronically or by any other means any image created as part of this Contract without the express permission of the Photographer/s unless due payment and a separate written agreement has been made between the Photographer/s and the Client as set out in Clause 6 (Licence to Use) below. All Digital Files remain the property of the Photographer/s.
6. LICENCE TO USE - The Client may under a separate agreement with the Photographer/s purchase a ‘Licence to Use’ images as specified in that agreement as captured at the Sitting and make copies of the said images for the purposes of display within the terms and conditions set out in the Licence to Use.
7. RETOUCHING - Retouching, digital manipulation and artiste finishing is available to the Client as an optional extra for an additional price to be agreed in writing.
8. ADDITIONAL PRINTS AND REORDERS - The Sitting Fee includes/does not include* printed images (‘the Included Images’) as specified. Additional images are not included in the Price. Payment for additional images is to be made when they are ordered for the prices stated upon order. All reorders shall be treated as an extension of the Sitting Contract and will be charged for at the Photographer/s prices prevailing at the time of order. No responsibility for error will be accepted unless orders are given in writing.
9. PHOTOGRAPHER/S JUDGEMENT - The Photographer/s shall be granted artistic licence in relation to the poses photographed and the locations used. The Photographer/s judgement regarding locations/poses and the number of images taken shall be deemed correct. Due to the vagaries of the weather and the willingness of the subject/s it may not be possible to capture all of the images (if any) specifically requested by the Client.
10. FORCE MAJEURE - The due performance or alteration of this Contract is subject to alteration or cancellation by either party owing to any cause beyond their reasonable control.
11. LIMITATION OF LIABILITY - In the unlikely event of total photographic failure or cancellation of this Contract by either party or in any other circumstances the liability of one party to the other shall be limited to the Price. Neither party shall be liable to indirect or consequential losses.
12. CANCELLATION - The Client may cancel this Contract at any time after it has been signed by sending a written notice to the Photographer/s. In the event of cancellation of this Contract all Booking Fees paid are non-refundable.

All prices are quoted in pounds sterling exclusive of VAT. This Contract is subject to English Law.