Terms and Conditions

1. Definitions:

  • For the purpose of this agreement, the ‘Client’ shall be the person booking the commission, or where the context allows, be their assignee or successor.

  • For the purpose of this agreement, the ‘Photographer’ shall be Deborah Heynes, trading under the name of Deborah Heynes Photography.

  • The ‘photographs’ and products shall be all photographic materials created or furnished by the Photographer, whether that be prints, digital files, negatives, transparencies or any other form of physical or electronic materials produced by the Photographer.

  • The ‘fee’ shall be the amount agreed between the Photographer and the Client for the provision of Photographs and/or products. All amounts are rounded to the nearest penny.

  • The ‘booking’ shall be the agreement between the Photographer and the Client to provide photographs and/or products as set out in the agreement.

  • The ‘photo shoot’ is the date(s) and time(s) agreed by the Photographer and the Client for the Booking to be completed.

  • All verbal terms and conditions are only accepted on the basis of these Terms and Conditions, and only these.

  • All other Terms and Conditions are specifically excluded unless agreed in writing by the Photographer, and must be agreed prior to the commencement of any work.

  • Emails and messages via Facebook are deemed to be ‘in writing’ for all purposes under this agreement.

 

2. Acceptance of Terms and Conditions:

  • All contracts and transactions between the Photographer and the Client, whether made orally or in writing, are subject to these Terms and Conditions, and deemed to be incorporated into any contract between the Photographer and all or any of her clients.

  • By making a booking with the Photographer, you are entering into a contract, and are therefore agreeing to these Terms and Conditions.

 

3. Copyright:

  • In accordance with the ‘Copyright, Designs and Patents Act 1988’, the copyright of all images created by the Photographer is owned by the Photographer. 

  • Unless the Photographer has given written authorisation, the Client is forbidden in law to copy any images created by the Photographer, and agrees that all photographic reprints, digital duplications or copies of any type made from images created by the Photographer shall only be carried out by the Photographer. 

  • The permission to reproduce such images is granted to the Client on the understanding that all fees and/or invoices are paid within the Photographer’s stated payment terms.

  • Reproduction rights (if and when granted) are strictly limited to the use specified on the Photographer’s original invoice and/or quotation. An agreement must be made with the Photographer before the images are used for a different purpose, or after the licence has expired. The Photographer reserves the right to charge an additional fee if the photographs are used for purposes other than that which is shown on the Photographer’s invoice and/or quotation.

  • All original digital files created by the Photographer remain the property of the Photographer. The Photographer will endeavour to ensure that such materials are stored safely for the Client, and make them available for future reproductions in return for the appropriate fee.

  • The Photographer reserves the right to use images created during assignments/photo shoots for marketing, promotional, competition and editorial purposes. This may include publishing such images to the internet/social media.

 

4. Cancellation Fees/Overruns

  • Once the Client has made a booking for a specific time and date, and paid a deposit, Deborah Heynes Photography will not accept any other work from other clients for that date and time.

  • If the booking is cancelled by the Client up to 24 hours before the starting time, Deborah Heynes Photography reserves the right to retain the deposit as a cancellation fee. If a booking is cancelled by the Client within 24 hours of the starting time, then Deborah Heynes Photography reserves the right to charge a cancellation fee of up to 50% of the total session fee. 

  • If the appointment has to be cancelled by Deborah Heynes Photography due to adverse weather conditions/sickness/travelling disruption etc. the Photographer will agree a mutually convenient alternative appointment with the Client at no extra charge.

  • If the appointment has to be cancelled by Deborah Heynes Photography for any reason that renders arranging an alternative appointment not possible, then the Client will be reimbursed for any fees that have already been paid, including the deposit.

  • If the appointment overruns the length of time originally agreed between the Photographer and the Client, the Photographer reserves the right to make an additional fee to compensate for the extra time.

 

5. Fees and Payment Terms

  • All prices quoted to the Client apply only to the original job description and specification, given to the Photographer by the Client. The Photographer reserves the right to make an additional charge for fees and expenses should these descriptions or specifications differ or change before or during the assignment. Wherever possible the Photographer shall endeavour to provide and indication of what these additional charges will be.

  • Prices include the Photographer’s travelling expenses within 50 miles of her base. Locations further afield are charged at 40p per additional mile, unless otherwise stated.

  • The Photographer may require overnight accommodation where the assignment location is at a distance of more than 150 miles away from their base. The cost of such accommodation will be covered by the Client.

  • Payment of a deposit by the Client is required when making a booking for a specific time and date. The remaining balance of session fees must then be paid by the Client within 1 week of the starting time, in order for the photoshoot to go ahead. If this remaining balance of fees is not paid, the photoshoot will automatically be cancelled, and Deborah Heynes Photography will retain the said deposit as a cancellation fee.

  • For all Clients, payment for all products and services to be provided by Deborah Heynes Photography must be made at the time of booking/ordering.

  • Deborah Heynes Photography reserves the right to amend both Prices and Terms and Conditions without prior notice.

 

 

6. Representation

  • The Client shall ensure that there is an authorised representative present at the assignment to ensure the correctness of the Photographer’s interpretation of the Client’s brief. In the event of no Client representation, the Photographer’s interpretation of the brief shall be deemed as correct.

 

7. Delivery of Products and Services

  • The supply of all products and services are provided by the Photographer on a best endeavours basis.

  • The Photographer will not be liable for delays that are beyond her reasonable control.

  • The Photographer shall use reasonable endeavours to meet deadlines where applicable.

  • The Photographer will not be liable for any delays in meeting any of her obligations which were due to causes beyond her reasonable control, including but not limited to: postage/courier/lab delays/war/acts of terrorism/riots/government legislation/industrial action/adverse weather conditions/acts of God/floods/fire/loss or damage in transit etc.

  • Claims for damage, non-delivery or shortages will not be considered unless notified in writing within seven days of delivery.

  • The photographer will make reasonable endeavours to ensure that items delivered by third parties are suitable packaged for transit. The Photographer cannot accept liability for loss or damage caused by a third party. For valuable items, the Client should take out suitable insurance cover.

  • Clients who choose to have items returned to them without loss/damage cover do so at their own risk.

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8. Confidentiality

  • The Photographer acknowledges that in the performance of the services, she may receive information from the Client which is designated by the Client as “confidential”. Upon request by the Client, the Photographer agrees not to disclose such information to other parties, except as required by Law.

 

9. Liability

  • While Deborah Heynes Photography takes all reasonable care in the performance of their work, they shall not be liable for any loss suffered by the Client, or any third party arising from use or reproduction of any image or its caption.

  • The Client agrees to indemnify Deborah Heynes Photography in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction right of any image supplied to the Client by Deborah Heynes Photography.

 

10. Images Supplied in Electronic Format

  • Deborah Heynes Photography makes every effort to archive images indefinitely. However, Deborah Heynes Photography makes no warranty about the nature of its archive past the date of first delivery of images. Clients should store delivered files carefully, and are recommended to keep a safe extra copy.

  • For all images/data supplied to the Client in electronic format (including, not not limited to, electronic mail, CDs/DVDs/USB sticks etc), Deborah Heynes Photography will endeavour to ensure that the data is not corrupt and is virus-free before despatch, and cannot be held responsible for any damage, disruption and/or loss of any kind that the said media may cause to the Client’s computer or data. The Client agrees to take similar steps to ensure that data sent to the Photographer is not corrupt and/or is virus-free.

 

11. Right to Credit

  • Deborah Heynes Photography asserts their statutory right to be identified as the author of the work in the circumstances set out in Sections 77 to 79 of the Copyright, Designs and Patents Act 1988, or any amendment or re-enactment thereof.

  • Unless otherwise agreed in writing, if any image is reproduced by the Client omitting the logo/copyright notice/credit line specified by Deborah Heynes Photography, the fee payable by the Client will be subject to an increase specified by Deborah Heynes Photography.

 

12. General Data Protection Regulation

  • The new GDPR came into effect within the UK on May 25th 2018. In order to offer our services, Deborah Heynes Photography holds and processes some personal data about our Clients - all such data is stored and used in line with GDPR Legislation. 

  • By signing the contract, the Client is giving permission for Deborah Heynes Photography to hold and process their information in line with GDPR Legislation. 

Professional Equine Portrait and Equestrian & Country Lifestyle Photographer based in the South West of England.

Available for Private Commissions and Rural Brand Photography across the UK.

Tel: 07788201475  

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