GENERAL TERMS AND CONDITIONS BIOPIC PHOTOGRAPHY LTD

INTRODUCTION

Terms and Conditions are in force from when you pay your booking fee with the intention of paying Brian Irvine Original Picture (Biopic) Photography Ltd for photographing your event on your chosen date. You may be required to return a signed written contract. Failure to return the signed contract does not, however, invalidate the contract nor absolve you from the acceptance of the Terms & Conditions laid out in it.

GENERAL TERMS & CONDITIONS

Sections 1 & 2 contain biographical and venue information on your photography session be that a wedding, baby or lifestyle family session etc.

COPYRIGHT:

The Copyright Designs and Patents Acts 1998 assigns the copyright of the images to the photographer(s). “The Photographer” assigns limited rights to “The Client” (subject to condition 5). “The Client” may reproduce, copy and distribute the photographs for personal use only. This is known as a “license to print.”

The client is not authorised to copy and/or pass any photographs or derived products to any third party person and/or organisation for commercial use without first gaining permission in writing from the copyright owner (The Photographer). This includes other vendors booked by the client for his or her wedding.

What This Means:

I own the copyright to the photographs and I give you a ‘personal license’ to use them. YOU can not give them away to anybody else for commercial use without my permission. Otherwise, I will be well within my right to sue the people using them.

DISPLAY:

The client(s) hereby allow(s) the photographer(s) to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums and prints, venue and other vendor samples, and other such material, providing that the images used are used lawfully and without damage to the client(s).

What This Means

I can use the images for marketing. If you don’t want your images online, in sample albums or in my brochures that’s fine. Just tell me at booking.

LICENSES, COVERAGE AND REPRODUCTION:

a) The Photographer(s) shall be granted an artistic license in relation to the poses photographed and the locations used. The photographer(s) judgment regarding the location, poses and number of photographs taken shall be deemed correct. The Photographer will not be held liable for photographs that do not, for whatever reason, meet The Photographers quality criteria and are not shown to the client.

b) Photographs taken during the course of the event will be at the discretion of the photographer(s) although every effort will be made to comply with The Client(s) requirements. It will be at the Photographers discretion if any slideshow (either via laptop or projector) is displayed and will depend on a risk assessment (health & safety and theft of equipment) being carried out.

c) The photographer(s) shall endeavour to photograph all individuals as requested by the client(s) at some point, but no responsibility or liability will be taken by the photographer(s) on the occasion of leaving somebody out.

d) For a booking involving a church ceremony or at certain venues, the photographer(s) movements are sometimes restricted by the official in charge. The area from which the photographer(s) is able to cover the ceremony may not be the photographer(s) choice and the photographer(s) cannot accept responsibility or liability for any obstructed view should this be the case. The use of artificial lighting (flash) may be restricted or prohibited. The photographing of parts or even all of the ceremony may be restricted or prohibited.

e) For a wedding or other event booking, the photographer(s) shall endeavour to capture all the moments throughout the day as they occur. However, because of the fluid nature of the event, some moments might not be recorded, or not recorded for logistical reasons.

f) Where the client provides a list of photographs to be taken it is incumbent upon the client to ensure the list is in an order that is logical and manageable. The photographer will follow the list “as is” without deviation. Clients are advised to think carefully about any photograph list.

g) Please note that any alterations made to the booking by the client(s) once details have been confirmed may only be made at the discretion of the photographer(s) and in some circumstances (such as the change of ceremony date for a wedding) the photographer(s) may be unable to accommodate these alterations due to a conflict of commitments. Under these circumstances, the photographer(s) are not liable to compensate the client(s) in any way whatsoever.

h) Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs. Please note that certain colours do not reproduce exactly in print.

i) It is understood that all photographic printing is undertaken within the technical limitations of the process and that colours may not be identical over the whole range of colours within a subject. It is also understood that prints made at different times or in different sizes may be variable in colour balance.

j) Due to the limitations of computer monitors, it is understood that (1) images appear differently according to the specification of each monitor (2) prints will not match images rendered on any particular computer monitor.

k) All print and presentation sizes quoted are approximate and subject to the discretion of the photographer(s). Print sizes are at a ratio of 1:1.5. Other ratios for photographic print sizes may require re-sizing by the client at the time of ordering.

l) Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer(s) will not be responsible for photographs that are not produced due to technical failure, either at the shooting or processing stage.

m) Where images are made available for use with a personal computer the default operating system shall be the latest Apple Mac OS X and Microsoft Windows operating systems. Products may not function on other or earlier operating systems.

n) Where images are made available for use on a DVD player reasonable steps are taken to ensure compatibility, but DVD discs may not play on all DVD players particularly older models.

COMPLAINTS:

Any complaints must be received in writing within seven (7) days of receipt of services provided or products purchased (including digital products). This includes photographs, discs, albums, frames and any other services that have been agreed.

Where the complaint is about a product then a period of 14 days is required for inspection of the product. You must return the product to me, in the packaging it was sent in.  You have to pay the return postage.

What This Means

You have the right to complain and the right for that complaint to be resolved.

FORCE MAJEURE:

a) The due performance of the contract is subject to alteration or cancellation by the photographer(s) owing to any cause beyond their reasonable control including, but not limited to, sudden illness/injury/victim of crime, flooding, earthquake, epidemic, pandemic, government advice (including but not limited to measures such as ‘lockdown’, ‘social distancing’) prevailing weather conditions etc. With specific regards to weather conditions, the Photographer will make all reasonable and safe to attend your wedding. The photographer will provide as much notice as reasonably possible in this event.

b) The photographer(s) may contact other photographers in the event that they are not able to attend your booking due to clause 9a). However, it may prove difficult or impossible to find a skilled replacement photographer at short notice or at the same price.

c) In the event of cancellation by the photographer(s), or in the unlikely event of total photographic failure (although re-shoots may be arranged if practicable) – the photographer(s) will not be responsible for costs in order to stage re-shoots. The photographer(s) liability shall be limited to a full refund of any deposits and fees paid.

What This Means

If I have to cancel, I will do my best to cover the event with another skilled professional or refund the money.

LIABILITY FOR DIGITAL FILES AND PRODUCTS:

a) The digital files shall remain the property of the photographer(s) and shall be kept by them for not less than 12 months from the wedding date at one site.

b) Should digital files be lost, damaged or destroyed the photographer(s) liability shall be limited to a refund of fees paid, but shall not include a refund for any goods already supplied or capable of supply at a quality deemed acceptable by the photographer. No refund will be due for any digital files lost, damaged, or destroyed after 12 months from the date of the wedding.

c) All orders should be placed with the photographer(s) before the end of a 6-month period starting at the wedding date unless otherwise agreed in writing. The photographer(s) will not be liable for failure to produce any orders placed after this time.

d) Any pre-paid product credits (e.g. for albums and prints) not utilised by the clients within 6 months of the date of the wedding will lapse without value unless otherwise agreed in writing. Any product supplied will be at the sole discretion of the photographer(s) and forwarded by standard Royal Mail to the last known address of the clients.

e) It is your responsibility to inform the Photographer of changes to address.

Additional reproduction, administration and postage charges will apply if you do not inform the Photographer of your change of address.