TERMS & CONDITIONS

In the following terms & conditions, “The Photographer” shall mean Clare Johnson Photography. “The Client(s)” shall be those persons named on the booking form.

The client(s) signed booking form and/or non-refundable booking fee signifies acceptance of the terms and conditions listed below as a legally binding contract. The terms & conditions cannot be varied in any way by the client(s) unless such conditions are expressly agreed by the photographer in writing, in advance.

AGREEMENT

Overview: This agreement contains the entire understanding between the Photographer and the Client(s). It supersedes all prior and simultaneous agreements between the Parties. The only way to add or change this agreement is to do so in writing, signed by all the Parties. If the Parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.

Change of date or venue: The Photographer must be notified immediately of any changes in schedule or location, at least one week prior to the scheduled date of event. Notification of any changes can be made by phone along with written notice sent via email for documentation. If an email is sent, a confirmation of receipt must be sent back by the Photographer in writing or via email. It is the Client(s) responsibility to confirm all arrangements at least 7-10 days prior to the event. In the event of change of address or contact information (time, etc.) as listed, you must notify the Photographer. The Photographer will make every effort to contact the Client(s), but it is the Client(s) responsibility to contact the Photographer to confirm all events and times.

Prices: The price for the photo session will be as agreed at the time of booking. The non-refundable booking fee guarantees that the Client(s) receive the current photography rates. Sessions rescheduled by the Client(s) are subject to the current prices at the time of rescheduling. Prices on the website or on marketing materials may be out of date, and the photographer reserves the right to adjust prices at any time without prior notice. All prices are in sterling (£).

All photo sessions must be taken within 12 months of the session fee payment being made. Any exceptions to this will need to be agreed in writing, and the current prices and booking conditions will apply.

Booking Fee: A non-refundable booking fee along with a fully completed booking form will confirm the booking, as well as full acceptance of the terms and conditions. The booking fee will be deducted when calculating the final balance due. Payment in full of the remaining balance will be due 5 working days before the photo session. The Client(s) will be notified of this in writing.

Cancellation: If the Client(s) should have to cancel a booking, the following cancellation fees will become due immediately upon said cancellation: Non refundable booking fee.

Cancellation must be in writing.

Failure to perform: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Due to the subjective nature of the event, the Photographer cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by location restrictions. The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the Client(s) or other principles. It is acknowledged that any list(s) submitted to the Photographer will be used for organisational purposes only and in no way represent photography that will actually be produced. The Photographer will do her best to fulfil all requests but can make no guarantee that all images will be delivered.

Usage Copyright: The copyright Designs and Patents Acts assign the copyright of all images to the photographer. Client(s) are not permitted to take their own photographs at any photography session.

It is understood that the Photographer owns the copyright to all images. Client(s) agrees not to edit, adjust, scan, copy or reproduce images in any manner. Client(s) also agrees not to supply images to any businesses or publications of any kind, including vendors associated with the session, without Photographer's written permission.

Permission is hereby granted to the Photographer to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose. The Photographer retains the copyright to all images produced by the Photographer and/or the Photographer's subcontractors.

Model Release: Client(s)/Model(s) hereby grant the Photographer unrestricted rights to use and publish photographs.

Client(s)/Model(s) agrees that, while he/she may use the Photos for purposes related to the promotion of Model's modelling business, including, but not limited to: advertising, portfolios, composite cards, exhibitions, contests, and promotional web sites, Model will not sell or otherwise transfer publication rights to any of the Photos without Photographer's prior consent. Credit to 'Clare Johnson Photography' must be given for the photograph.

In cases which Client(s) sources any Model(s) for a photoshoot, Client(s) assumes all responsibility and obligations related to the rights granted here on behalf of Model(s).

Likewise, the photographer agrees that while she may use the Photos for purposes related to the promotion of Photographer's photography business, including, but not limited to: advertising, portfolios, composite cards, exhibitions, contests, and promotional web sites, Photographer will not sell or otherwise transfer publication rights to any of the Photos except with Model's prior written consent. 

Licensing: Upon receipt of final payment, Client(s) is granted a usage release to use digital images for commercial purposes. 

Expenses: Travel fees are pre-determined and will be set out in the initial payment total. Client(s) are responsible for all location fees and permits.

Garments: The Photographer cannot be held responsible for damage to Garments due to environmental events. Client(s) is responsible to arrange personal assistance for garments.

Creative License, Coverage and Reproduction: Photographs taken during the course of the session will be at the discretion of the photographer although every effort will be made to comply with the Client(s) requirements. The photographer shall be granted full artistic license in relation to the shoot, post production and final selection of photographs. The photographs will be delivered to the Client(s) in the style, quality and method advertised by the photographer. The Client(s) are entitled to a number, as agreed in the above service description, of high resolution images delivered online, via a downloadable gallery. Delivery of images will be within a pre-agreed time frame.

The photographer’s choice of image selection is final. Additional editing can be requested but is delivered at the photographer’s discretion and may incur additional charges. The photographer's judgement regarding these matters shall be deemed correct. Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.

Data Protection: The photographer will store Client(s) names, contact details and session information privately and will not share these online or with any other business or organisation. 

Ownership: All digital negatives (computer files) remain the property of the photographer. The photographer will supply a copy of the edited digital negatives to the Client(s) for their own printing (non commercial) use.

Force Majeure: The photographer cannot be held responsible for failure to attend due to an act of Nature that does not permit safe travel to and from the location(s) i.e extreme snow, flooding, hurricane etc. In the event of an unlikely 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, except the booking fee which is at the discretion of the photographer. The photographer shall have no further liability with respect to this Agreement.

This is a contract for personal photography services to be provided by the Photographer and/or individuals subcontracted to do work for the Photographer. The Parties agree to the above and below terms and conditions, and acknowledge that they have received, read, and understand the Photographer's current price list.