Rachel Tennant of Hazelnut Photography UK
15 Fifield Barns, Benson, Wallingford, Oxfordshire , OX10 6EZ
Mobile: 07988826628
Terms & Conditions
In the following Terms and Conditions:
“Business” shall mean Hazelnut Photography UK
“Client(s)” shall mean “You” the Parties to the Contract;
“Event” shall mean the photoshoot;
“Photographer(s)” shall mean Hazelnut Photography UK
“Products” shall mean any USB’s, albums or other items listed in the Contract;
“Services” shall mean photography to be carried out and any other Services agreed between the Client(s) and the Photographer and set out in the Contract;
It is agreed that the following terms and the Contract set out the entire agreement made between the parties, and that no variation or modification of the contract shall be effective unless agreed by both parties in writing. Each party acknowledges that, in entering into the contract, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in the Contract and these Terms & Conditions.
Booking Fee
The Photographer(s) will confirm the Event, Date, Time, Services upon receipt of cleared funds in respect of the Booking Fee.
The Booking Fee is non-refundable or transferable in the event of no-show or cancellation by the Client within 48 hours of the photoshoot.
If the photoshoot has to be cancelled due to extenuating circumstances, such as illness, then the fee will be refunded at the photographer’s discretion.
In the case of poor weather that may affect photoshoots taken outdoors, the client will be given the option to reschedule. If no other date can be arranged, then the session fee will be fully refunded.
Payments
Hazelnut Photography will secure your reserved date once the deposit has been received. If the deposit is not paid, the photographer reserved the right to cancel the booking.
All payments must be received in cleared funds prior to the photoshoot.
Following payment of the Booking Fee, the balance of fees due is to be paid as follows:
- Once the images have been editing and published for viewing, the client has 2 weeks to choose their images and make payment.
Failure to adhere to the 2 week deadline or to make payment by the dates stipulated may result in the images being archived and a £10 fee to re-publish the gallery.
All cheques should be made payable to Rachel Tennant. Bank Transfer (BACS) payments may be accepted by prior arrangement.
Late payments or returned cheques will attract an administration charge of £10.00.
No photographs or albums will be delivered until all payments have been received in full in cleared funds.
Where payment is to be made by a third party, the Parties acknowledge that they shall remain responsible for any balance outstanding in respect of the Contract.
License and Coverage:
The Photographer(s) shall be granted artistic license in relation to the poses photographed and the locations used. Although every effort will be made to comply with the Clients’ requirements, the Photographers’ judgement regarding the location, poses and number of photographs taken shall be deemed correct and not subject to dispute.
For Events involving a church ceremony or at certain other venues, the Photographer(s) movements are sometimes restricted by the minister of official in charge: photographing of parts or even all of the ceremony or occasion may be restricted or prohibited, as may the use of artificial lighting. The Photographer(s) cannot accept responsibility for limited coverage in such circumstances.
Whilst the Photographer(s) shall endeavour to fulfil the Clients’ requirements, the Photographer(s) cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings, preventing the coverage of certain specified shots.
Any alterations made to this Contract by the Clients once details have been confirmed may only be made at the discretion of the Photographer(s) and should be agreed in writing. Where the Photographer(s) is unable to accommodate alternative arrangements (such as change of ceremony date and or venue) the Photographer(s) are not liable to compensate the Client(s) in any way whatsoever.
Use and Display of Images
By ticking the box stipulating that images can be shared, the Clients hereby allow the Photographer(s) to display any images relating to the Contract and to generally promote the Business in the Photographer(s) portfolio and by means of advertising, publicity material, websites, exhibitions, competitions, magazine articles, and other such media, providing that the images are used lawfully and without damage to the Client(s). By signing this contract you consent to the use of such images. Images placed in password protected galleries within the website are not available to the general public in the normal course of events. Other than via the password protected gallery the photographer(s) agree not to resell any image to a third party other than with prior written consent.
Image and Reproduction
All print and presentation sizes quoted are approximate and subject to change at the discretion of the Photographer(s) and may be subject to slight variation. Whilst every effort will be made, the Photographer(s) cannot guarantee exact colour matching and is not held responsible for any colour variations which may occur due to light and location variations.
Due to limitations of computer monitors and variations of computer operating systems, it is understood that images viewed via this method may appear differently according to the specification of each monitor/computer and that prints may not match images rendered on any particular computer monitor.
USB’s are checked prior to delivery. However, it remains the responsibility of the Clients to check for in-transit damage. The Photographer(s) cannot be held responsible for damage to equipment resulting from defective media.
Retouching
All retouching is done to be in line with the photographers style and artistic licence. Any addition retouching, digital manipulation is available to the client at an additional cost.
Reorders
All reorders shall be treated as an extension of the Contract and no responsibility for any error will be accepted unless orders are provided in writing.
Products
In the event a product (such as an album) is no longer available a suitable alternative of similar quality will be offered. The photographers’ choice of an alternative will be deemed as correct and acceptable to the Client(s). Any surcharge resulting from the order of a new product following rejection of a replacement will be the responsibility of the Client(s).
Ownership
Any digital files shall remain the sole property of the Photographer(s) at all times.
All completed albums and products shall remain the property of the Photographer(s) until full payment is received.
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 and Design Act 1988 and remain the copyright of The Photographer(s) at all times unless there is express written agreement to the contrary. 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 written permission of the Photographer(s).
Substitution
In the unlikely event that the Hazelnut Photography is required to cancel the photoshoot due to unforeseen circumstances, Hazelnut Photography will reschedule the photoshoot to a date and time suitable to both the photographer and the client.
Insurance & Limitation of Liability
The Photographer(s) will maintain Public Liability insurance at all times. In the unlikely event of a total photographic failure or loss of images the full amount of the Booking Fee and any further payments received will be returned to the Client(s).
Where it is possible a re-shoot may be arranged (if practicable) however, the Photographer(s) will not be responsible or liable for any additional costs incurred by the Client(s).
The photographer shall not be liable for any indirect or consequential loss.
Force Majeure
The due performance of this contract is subject to alteration or cancellation due to a Force Majeure Event. A Force Majeure Event means an event beyond the control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources. For the avoidance of doubt, it does not include circumstances where the Photographer(s) attend an Event to perform the Services and any of the Parties fail to attend.
Cancellation
Where the Photographer(s) has to cancel the Event, due to circumstances beyond his/her control the full amount of the Booking Fee and any further payments received will be returned to the Client(s).
Where it is possible a re-shoot may be arranged (if practicable) however, the Photographer(s) will not be responsible or liable for any additional costs incurred by the Client(s).
Should the Client wish to cancel the service agreement with the photographer, for any reason, the deposit and ant payments made by this point are non-refundable. Any partial or full refunds made will be at the discretion of the Photographer.
Complaints
All complaints should be raised by the Client directly to the Photographer in writing within 14 days of the occurrence which gives rise to the complaint. The Photographer will consider the complaint and shall provide a response to the Client within 14 days of receipt of the Complaint. In the unlikely event of an unresolved complaint the Client may request the Guild of Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.