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Pleasing-Prices Terms and Conditions
Please –Prices endeavours to ensure that there Terms and Conditions are clear and precise, so covering each area of service.
Why you should use Professional Photography at Pleasing-Prices
· There is no hidden cost with pleasing-prices as each area of services comes as a Standard package. · Our photographers are trained to work to a brief provided by the client ( Definition of brief Group photographs for a Wedding, informal group photographs for an event promotional shot of a shop) · Easy to use products with free technical assistance provided.
Terms and Conditions for Professional Photography at Pleasing-Prices.
1. Standard Business Terms and Conditions 2. General Photography Terms and Conditions 3. Reproductions of Pleasing-Prices Images Terms and Conditions 4. Wedding Photography Package (s)Terms and Conditions 5. Commercial Photography Package (s) Terms and Condition 6. Events Photography Package (s) Terms and Conditions 7. Printing /Goods Terms and Conditions 8. Copy Right Terms and Conditions 9. Payment Terms and Conditions ( i, Wedding Photography ii, Commercial Photography iii, Events Photography ) 10. Cancellation Terms and Conditions( i, Wedding Photography ii, Commercial Photography iii, Events Photography ) 11. Complimentary Free Services Terms and Conditions ( Meet and Greets/recommend Photography Schedules) 12. DVD’s and personal Use of the DVD Terms and Conditions 13. Complaints Terms and Conditions 14. Release Forms Terms and Conditions
Standard Business TERMS & CONDITIONS
All of the photographs on this website are the copyright of Pleasing-Prices and may not be used without permission. Terms and Conditions of Business Pleasing-Prices Photography
1. The following words or expressions shall have the meanings stated:
“The Photographer” means Pleasing-Prices Photographer(s)* trading as Pleasing-Prices. “The Customer” means the person identified as the customer on a Booking Form. “Booking Form” means a form (whether or not printed on the reverse of these Terms and Conditions) completed by the Customer by which the Customer instructs the Photographer to create Material. “Material” means all photographs, prints, transparencies, images, negatives, digital scans, digital files, design, artwork, montages, drawings, engravings and/or any other photographic product or other product comprising or containing reproduction of any form of photographic material, and which has been created by the Photographer. “Order” means any request, order, commission or instruction by or on behalf of the Customer for creation of Material by the Photographer. “Price” means the price for an Order as set out on a Booking Form.
2. Any work of any description undertaken by the Photographer pursuant to an Order shall be subject to these Terms and Conditions.
3. Copyright in all Material is retained worldwide by the Photographer at all times and nothing shall be deemed as a release, transfer, assignment or other disposal of the Photographer’s rights in the Material, save as: 3.1 specifically set out in these Terms and Condition or
3.2 may otherwise be agreed by the Photographer in writing.
4.1 In consideration of the Price the Photographer will undertake such work as is necessary to fulfil the requirements of an Order.
4.2 In consideration of the Photographer’s agreement in paragraph 4.1 above the Customer will pay the Price in accordance with the provisions set out in paragraph 5 below.
5. An Order shall be subject to the following provisions:
5.1 The Photographer shall be entitled to require a deposit payment on account of the Price in such sum as may be agreed between the Photographer and the Customer prior to the taking of any steps to create any Material.
5.2 In the event of a cancellation of an Order by the Customer, in addition to any entitlement to claim damages for losses arising from such cancellation the Photographer shall, in any event, be entitled to retain the deposit paid and/or agreed.
5.3 The Photographer shall be entitled to agree to regard any Order that is not evidenced in writing as invalid.
5.4 The Photographer licences the Customer to utilise the Material produced as a result of the Customer’s Order to the extent set out in writing between the Customer and the Photographer. Any breach of such licence shall automatically revoke such licence without further notification from the Photographer.
5.5 Unless specifically otherwise agreed in writing between the Photographer and the Customer, the Photographer is entitled to utilise Material ordered by the Customer for the advertising, marketing and promotion of the Photographer’s business.
5.6 The Photographer shall be entitled to sub-contract his obligations under an Order at his discretion.
5.7 Save as otherwise agreed between the Customer and the Photographer; the Photographer shall be entitled to use his judgement regarding the style and artistic input in the production of Material.
5.8 The Photographer shall not be liable to the Customer for any failure, in whole or in part, to fulfil his obligations under an Order where failure arises as a result of an event or circumstances beyond his control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury.
5.9 On completion of the Photographer’s obligations under an Order, the Photographer shall deliver an invoice for the Price to the Customer and the Customer shall pay the Price (or any balance of it) within 30 days of the date of the invoice. Any sum outstanding after the expiry of 30 days shall have the following consequences:
5.9.1 Interest at a rate of 4% per annum above the base rate of Barclays Bank plc shall accrue in respect of any outstanding sum.
5.9.2 Any licence granted by the provisions of paragraph 5.4 above shall be automatically revoked and shall only be capable of reinstatement upon payment of any outstanding sum plus interest and any other costs incurred by the Photographer.
6. The contractual relationship between the Photographer and the Customer shall be governed by the laws of England, Scotland, Wales and the Channel Islands.
7. An Order, as evidenced by information on the Booking Form and as governed by and together with these Terms and Conditions shall form the entire agreement between the Photographer and the Customer, save as otherwise agreed in writing.
General Photography Terms and Conditions
Pleasing Prices Liability shall be limited to a full refund of the deposit if for any reason beyond their control, they are unable to undertake their photographic duties, or for any situations arising regarding images being lost, damaged or stolen.
1. Definitions For the purpose of this agreement, the Agency and the Advertiser shall where the context so admits include their respective assignees, sub-licensees and successors in title. In case where the Photographer's client is a direct client (i.e. with no agency or intermediary), all references in this agreement to both 'the Agency' and the 'the Advertiser' shall be interpreted as references to the Photographer's client. 'Photographs' means all photographic material furnished by the photographer, whether digital images jpeg, transparencies, negatives, prints, albums or any other type of physical material 2. Copyright The entire copyright in the photographs is retained by Pleasing-Prices Ltd at all time throughout the whole world. The said license in Pleasing-Prices photography packages* is a copyright licenses to use the photographs for personal use only except where written exception is given. Any commercial use of the photographs Pleasing-Prices reserves the right to a percentage of the profit made from said photographs. The licenses of the photographs comes with the restraint of acknowledgement of Pleasing-Prices 3. Ownership of Materials Title to all photographs remains the property of Pleasing-Prices Ltd and must be acknowledged when any photographs are being used. 4. Use The license to use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the photographs before payment in full of the relevant invoice(s) without the Pleasing-Prices Ltd express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if Pleasing-Prices Ltd is put into receivership or liquidation. Where use is restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee, to be mutually agreed NOTE An agreement must be reached with the photographer before the photographs may be used for other purposes. 5. Exclusivity The Agency and Advertiser will be authorised to publish the photographs to the exclusion of all other persons including the Pleasing-Prices Ltd. However, the Pleasing-Prices Ltd retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting Pleasing-Prices. After the exclusivity period indicated in the licence, Pleasing-Prices Ltd shall be entitled to use the photographs for any purposes. 6. Client Confidentiality Pleasing-Price Ltd will keep confidential and will not disclose to any third parties or make use of materials or information communicated to Pleasing-Prices Ltd in confidence for the purposes of the photography, save as may be reasonably necessary to enable Pleasing-Prices Ltd to carry out their obligation in relation to the commission. 7. Indemnity Pleasing-Prices Ltd agrees to indemnify the Clients against all expenses, damages, claims and legal costs arising out of any failure by Pleasing-Prices Ltd to obtain any clearances for which Pleasing-Prices Ltd was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. Pleasing-Prices Ltd shall only be responsible for obtaining such clearances and will indemnify Pleasing-Prices Ltd against all expenses, damages, claims and legal cost arising out of any failure to obtain such clearances. 8. Payment All payments must be paid 14 days in advance of any photo-shoots. Any additional invoices thereafter to be paid within a credit time of 30 days, otherwise interest of payments shall be added. 9. Expenses Where extra expense or time are incurred by Pleasing-Prices Ltd as a result of alterations to the original brief by the client, or otherwise at their request, the client shall give approval to and be liable to pay such extra expenses or fees to Pleasing-Prices. 10. Rejection Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition 11. Cancellation & Postponement A booking is considered firm as from the date of confirmation and accordingly Pleasing-Prices Ltd will, at their discretion, charge a fee for cancellation or postponement. 12. Right to a Credit The Copyright Licence comes with the agreement of a credit mark. Pleasing-Prices name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s)/jpeg(s). Pleasing-Prices Ltd statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof. 13. Supply to third parties The Copyright License is for soul use of the client. Any third parties must buy their own jpeg(s) & copyright license. 14. Electronic storage & Photo library Save for the purposes of production for the licensed use (s), the photographs will be stored in Pleasing-Prices Ltd Photo library. If the client so wishes not to have the images stored in Pleasing Prices Ltd photo library, please express this in writing. 15. Applicable Law This agreement shall be governed by the laws of England & Wales. 16. Proofs Pleasing-Prices do not supply proofs. Images can be seen from Pleasing Prices websites and may be purchases from the web sites for 3 months from invoice dates, and thereafter a written request is needed. 17. Creative Licence Pleasing Prices Ltd photographer (s) shall be granted artistic licenses in relation to the poses and the location chosen. Pleasing Prices Ltd photographer (s) judgement regarding the locations, poses, and number of images taken shall be deemed correct. 18. Complaints Any complaints should be raised by the client with Pleasing Prices Ltd, in writing within 14 days from first viewing, and in any event within 14 days of receipt of the final product. 19. Payment All cheques should be made payable to Pleasing Prices Ltd. 20. Dispute If any dispute shall arise between Pleasing-Prices Ltd and the Client out of or in connection with or in relation to this agreement, the matter should be left to be resolved by the courts 21. Professional Photographer Pleasing-Prices to be the only professional photographer at the event. 22. Pleasing Prices is only liable for the amount of the Photography Package deposit* 23. Recommendation of Photographs Pleasing-Prices photographer is commissioned to photograph the whole of your event, which is broken down in Pleasing Prices Ltd Recommendation/Schedule of Photography. 24. Health & Safety Due to Health & Safety, Pleasing-Prices photographers require regular breaks for refreshments and toilet etc. 25. Respect Pleasing-Prices does not take photographs of people eating due to the rise of eat disorders therefore respecting peoples rights. Should the bride & groom require photographs of the reception meal, please request this in writing. 26. Delivery of Goods Pleasing-Prices undertake to deliver the material, correctly and properly captioned. 27. Property The Property in the photographs shall remain the property of Pleasing-Prices Ltd. 28. Disputes If any dispute shall arise between Pleasing-Prices Ltd and the Client out of or in connection with or in relation to this agreement, the matter should be left to be resolved by the courts. 29. Variation These Terms & Conditions shall not be varied except by agreement in writing. Pleasing Prices Packages relates to Events, Weddings and Commercial Photography,
Standard Terms and Conditions for Pleasing-Prices Professional Photography
1. Definitions For the purpose of this agreement, the Agency and the Advertiser shall where the context so admits include their respective assignees, sub-licensees and successors in title. In case where the Photographer's client is a direct client (i.e. with no agency or intermediary), all references in this agreement to both 'the Agency' and the 'the Advertiser' shall be interpreted as references to the Photographer's client. 'Photographs' means all photographic material furnished by the photographer, whether digital images jpeg, transparencies, negatives, prints, albums or any other type of physical material
2. Copyright The entire copyright in the photographs is retained by Pleasing-Prices Ltd at all time throughout the whole world. The said license in Pleasing-Prices photography packages* is a copyright licenses to use the photographs for personal use only except where written exception is given. Any commercial use of the photographs Pleasing-Prices reserves the right to a percentage of the profit made from said photographs. The licenses of the photographs comes with the restraint of acknowledgement of Pleasing-Prices
3. Ownership of Materials Title to all photographs remains the property of Pleasing-Prices Ltd and must be acknowledged when any photographs are being used.
4. Use The license to use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the photographs before payment in full of the relevant invoice(s) without the Pleasing-Prices Ltd express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if Pleasing-Prices Ltd is put into receivership or liquidation. Where use is restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee, to be mutually agreed NOTE an agreement must be reached with the photographer before the photographs may be used for other purposes.
5. Exclusivity The Agency and Advertiser will be authorized to publish the photographs to the exclusion of all other persons including the Pleasing-Prices Ltd. However, the Pleasing-Prices Ltd retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting Pleasing-Prices. After the exclusivity period indicated in the license, Pleasing-Prices Ltd shall be entitled to use the photographs for any purposes.
6. Client Confidentiality Pleasing-Price Ltd will keep confidential and will not disclose to any third parties or make use of materials or information communicated to Pleasing-Prices Ltd in confidence for the purposes of the photography, save as may be reasonably necessary to enable Pleasing-Prices Ltd to carry out their obligation in relation to the commission.
7. Indemnity Pleasing-Prices Ltd agrees to indemnify the Clients against all expenses, damages, claims and legal costs arising out of any failure by Pleasing-Prices Ltd to obtain any clearances for which Pleasing-Prices Ltd was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. Pleasing-Prices Ltd shall only be responsible for obtaining such clearances and will indemnify Pleasing-Prices Ltd against all expenses, damages, claims and legal cost arising out of any failure to obtain such clearances.
8. Payment All payments must be paid 14 days in advance of any photo-shoots. Any additional invoices thereafter to be paid within a credit time of 30 days, otherwise interest of payments shall be added.
9. Expenses Where extra expense or time are incurred by Pleasing-Prices Ltd as a result of alterations to the original brief by the client, or otherwise at their request, the client shall give approval to and be liable to pay such extra expenses or fees to Pleasing-Prices.
10. Rejection Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition
11. Cancellation & Postponement A booking is considered firm as from the date of confirmation and accordingly Pleasing-Prices Ltd will, at their discretion, charge a fee for cancellation or postponement.
12. Right to a Credit The Copyright License comes with the agreement of a credit mark. Pleasing-Prices name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s)/jpeg(s). Pleasing-Prices Ltd statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
13. Supply to third parties The Copyright License is for soul use of the client. Any third parties must buy their own jpeg(s) & copyright license.
14. Electronic storage & Photo library Save for the purposes of production for the licensed use (s), the photographs will be stored in Pleasing-Prices Ltd Photo library. If the client so wishes not to have the images stored in Pleasing Prices Ltd photo library, please express this in writing.
15. Applicable Law This agreement shall be governed by the laws of England & Wales.
16. Proofs Pleasing-Prices do not supply proofs. Images can be seen from Pleasing Prices websites and may be purchases from the web sites for 3 months from invoice dates, and thereafter a written request is needed.
17. Creative License Pleasing Prices Ltd photographer (s) shall be granted artistic licenses in relation to the poses and the location chosen. Pleasing Prices Ltd photographer (s) judgment regarding the locations, poses, and number of images taken shall be deemed correct.
18. Complaints.Any complaints should be raised by the client with Pleasing Prices Ltd, in writing within 7 days from first viewing, and in any event within 14 days of receipt of the final product.
19. Payment All cheques should be made payable to Pleasing Prices.
20. Dispute If any dispute shall arise between Pleasing-Prices Ltd and the Client out of or in connection with or in relation to this agreement, the matter should be left to be resolved by the courts
21. Professional Photographer Pleasing-Prices to be the only professional photographer at the event. NOTE if there is a another Professional Photographer at the Event/Wedding /Commercial Pleasing-Prices reserves the right to leave as this has broken all said contracts with Pleasing-Prices
22. Pleasing Prices is only liable for the amount of the Photography Package deposit*
23. Recommendation of Photographs Pleasing-Prices photographer is commissioned to photograph the Wedding/Event and Commercial, which is broken down in Pleasing Prices Recommendation/Schedule of Photography. As agreed by both parts at the meet and greet
24. Health & Safety Due to Health & Safety, Pleasing-Prices photographers require regular breaks for refreshments and toilet etc.
25. Respect Pleasing-Prices does not take photographs of people eating due to the rise of eat disorders therefore respecting peoples rights. Should the bride & groom require photographs of the reception meal, please request this in writing.
26. Delivery of Goods Pleasing-Prices undertake to deliver the material, correctly and properly captioned.
27. Property The Property in the photographs shall remain the property of Pleasing-Prices Ltd.
28. Disputes If any dispute shall arise between Pleasing-Prices Ltd and the Client out of or in connection with or in relation to this agreement, the matter should be left to be resolved by the courts.
29. Variation These Terms & Conditions shall not be varied except by agreement in writing. Pleasing Prices Packages relates to Events, Weddings and Commercial Photography,
TERMS AND CONDITIONS OF COMMISSIONING AND REPRODUCTION OF PICTURES FROM PLEASING-PRICES.
1. In this Agreement the terms (a) Picture includes a photograph, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction. (b) Reproduction includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist's reference, artist's illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means (c) The Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party). (d) PLEASING-PRICES is a trading name of PLEASING-PRICES is a company registered in England. 2. (a) The entire copyright in the pictures is retained by PLEASING-PRICES at all times throughout the world. (b) PLEASING-PRICES supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or on PLEASING-PRICES grant of reproduction rights in respect thereof. (c) PLEASING-PRICES asserts both his moral right to be identified as the author of his work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988. (d) Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice or credit line specified by PLEASING-PRICES any fee payable by the Client shall be subject to an increase specified by PLEASING-PRICES Images, and in any event an increase of not less than 25% 3. (a) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on PLEASING-PRICES invoice. An agreement must be reached with PLEASING-PRICES before the pictures are used for a different purpose or after the licence to use has expired. (b) Reproduction rights are not issued exclusively to the Client except when specified on the invoice. (c) Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights (d) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied. (e) PLEASING-PRICES reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client. 4. The following terms are used when describing the reproduction rights granted by PLEASING-PRICES to the Client: (a) Internal Use only: The right to use the pictures only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client's premises; editorial use in the Client's intranet site. (b) PR and Press distribution: The right to use the pictures as described in 4(a); plus a licence for third parties to reproduce such pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication. (c) Specified Use Only: The right to use the pictures once only for the purpose as described on the invoice. (d) Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an editorial context only. 5. (a) Risk in and responsibility for any original transparencies or prints passes to the Client from the time they are received until their safe return. The Client shall immediately inform PLEASING-PRICES in writing of any loss or misuse of, or damage to the pictures while in the Client's possession or that of any third party. If a picture is not returned within four weeks of the date for return then PLEASING-PRICES may in its sole discretion presume it to be lost. (b) The Client shall be liable to pay compensation to PLEASING-PRICES in respect of each picture lost or damaged. Payment of compensation does not give rise to any rights in any picture. Compensation levels for the pictures are available from PLEASING-PRICES Images upon request. These levels are a genuine pre-estimate of the loss which would be suffered if such a picture were to be lost or damaged. The Client is urged to request these figures and to take out insurance cover to cover the total value of the pictures delivered. 6. (a) Once the Client has made a booking for a specific time and date, PLEASING-PRICES will not accept any other work from other clients for those times and dates. (b) As a result, once a booking is made, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule. When a client cancels a booking within two weeks of any confirmed date, a fee of 50% of the booked time rate will be charged. When a client cancels photography within one weeks of any confirmed date, a fee of 100% of the booked time rate will be charged. In addition to this cancellation fee, the client will be charged for any expenses already incurred by PLEASING-PRICES. 7. (a) Until PLEASING-PRICES has invoiced the reproduction fee neither party is committed to grant or acquire any reproduction rights in any picture. After a fee has been agreed and an invoice issued there is a firm and binding contract whereby PLEASING-PRICES is committed to grant reproduction rights and the Client to acquire them. If after such invoicing but before payment the Client requests cancellation of the reproduction rights PLEASING-PRICES may in its discretion cancel subject to the Client paying a cancellation fee. (b) The Client's right to reproduce a picture arises only when PLEASING-PRICES s’ invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or invoices). Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling PLEASING-PRICES to rescind the Agreement and rendering the Client liable for the payment of damages. (d) If payment is not made in accordance with (a) above then PLEASING-PRICES may rescind this Agreement and recover damages, or, at its option, may exercise its statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1998. (e) If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 30 days from the issue date, and that PLEASING-PRICES Images may consider these invoices as overdue when pursuing legal action for the recovery of said debts. (f) A fee of £17 (excluding VAT) will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the perusal of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices. (h) PLEASING-PRICES reserves the right to suspend ongoing services, such as (but not limited to) the Downloadable Web Page or other distribution of pictures, once any invoice issued to a Client becomes overdue, and also reserves the right to inform the reason of this to third parties to whom this suspension of service affects. 8. On the Client's death or bankruptcy or (if the Client is a company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, PLEASING-PRICES may at any time thereafter inspect any records, accounts and books relating to the reproduction of its pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client. 9. (a) PLEASING-PRICES Images will edit every take and deliver what it considers to be the best of every situation covered. As a result, contact sheets (or their digital equivalent) will only be supplied to the client in exceptional circumstances. (b) No addition to, deletion from or alteration to or adaptation of a picture may be made without the written permission of PLEASING-PRICES. (c) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing. 10. In the case of printed publications, three copies of the relevant pages containing any picture supplied are to be furnished to PLEASING-PRICES I free of charge within two weeks. In other media, evidence of use must be made available if requested. 11. (a) While PLEASING-PRICES takes all reasonable care in the performance of this agreement generally, it shall not be liable for any loss or damage suffered by the Client of by any third party arising from use or reproduction of any picture or its caption. (b) The Client agrees to indemnify PLEASING-PRICES in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by PLEASING-PRICES (c) It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that PLEASING-PRICES gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any picture. In the event that the picture issued or reproduced by or with the authority of the Client then the Client shall indemnify PLEASING-PRICES against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained. 12. (a) This Agreement shall be subject to and constructed according to English Law, Scottish and the Channel Islands Law and the parties agree to accept the exclusive direction of the Courts of England. (b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties. PAYMENT Payment should normally be made by cheque made payable to “PLEASING-PRICES ltd.” BACS details can be supplied upon request. Proof of postage of remittances is not considered proof of receipt, and clients are advised to send payment by any method affording proof of delivery. Our terms are strictly net 28 days (four weeks) unless agreed in advance and in writing.
Wedding Photography Terms and conditions
1. Copyright: The 1988 Copyright Act assigns the copyright of the photographs to The Photographer(s). It is therefore contrary to the Act, and illegal, to copy photographs, or allow to be copied, by any means photographic or otherwise, by any person or machine other than by The Photographer(s) or their appointed agents.
2. 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 and other such material, providing that the images used are used lawfully and without damage to The Client(s).
3. Licence, Coverage and Reproduction: a. The Photographer(s) shall be granted artistic licence in relation to the poses photographed and the locations used. The Photographer(s) judgement regarding the location, poses and number of photographs taken shall be deemed correct.
b. Photographs taken during the course of a booking will be at the discretion of The Photographer(s) although every effort will be made to comply with The Client(s) requirements.
c. The Photographer(s) shall endeavour to photograph all individuals as requested by The Client(s) at some point during the booking, but no responsibility will be taken by The Photographer(s) in the event of leaving somebody out.
d. For a booking involving a church ceremony The Photographer(s) movements are sometimes restricted by the minister in charge. The area from which The Photographer(s) are able to cover the ceremony may not be The Photographer(s) choice and The Photographer(s) cannot accept responsibility for any obstructed view should this be the case. e. For a wedding or other occasion booking The Photographer(s) shall endeavour to capture all the moments throughout the day as they occur. However, because of the nature of the event, as a one off, some unforeseen moments might not be recorded. f. 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 booking) 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.
g. Due to a variety of lighting conditions and the limitations of professional film or digital capture, some colours may alter slightly throughout a set of photographs. Please note that certain colours do not reproduce exactly on photographic film or paper.
h. It is understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not necessarily be facsimile 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.
i. All print and presentation sizes quoted are approximate and subject to the discretion of The Photographer(s).
j. Although all equipment is checked regularly The Photographer(s) will not be responsible for photographs that are not produced due to technical failure, either at the shooting or processing stage.
4. Prices: a. Where the contracted date is no more than 12 months after the date of signing, all photographic services undertaken on that date are supplied at the prices ruling on the date of signing. The main reprint order, that is the remainder of the package booked, if placed within no more than six months of the contracted date is also supplied at the prices ruling on the date of signing. All additional reprint orders, including the main reprint order, if placed after six months of the contracted date, and small reprint orders placed at any time, are supplied at the prices ruling at that time.
b. The Client(s) will be liable to pay any additional expenses incurred by The Photographer(s) during the booking not already included within the contract price.
5. Payments: a. Wedding Client(s) – a non-refundable booking fee of £250 (paid by cash or cheque or bank to bank) along with a completed contract will confirm your booking. Payment for the photographic coverage and album is payable in full four weeks prior to the contracted date. All additional goods are payable on ordering.
b. Other Client(s) – all photographic fees are payable in full on booking a coverage along with a completed contract. All additional goods are payable on ordering
c. Title to all goods remains the property of Pleasing-Prices Photography until paid for in full by The Client(s).
6. Complaints: In the unlikely event of any complaint with regards to our service, all complaints must be received in writing within seven days of collection of products purchased. This includes photographs, albums and frames. Sent to Pleasing-Prices, Human Recourse Rose Villas 102 Finedon Road Irthlingbourugh Northants NN9 5TZ
7. 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 control (i.e. sudden illness/injury). b. The Photographer(s) have other professional photographers who will be contacted by their staff (or family) in the event that they are not able to attend your booking due to clause 7a. c. In the event of cancellation by The Photographer(s) (although all attempts will be made to arrange for another photographer to be present – see clause 7b) 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 such re-shoots), The Photographer(s) liability shall be limited to a full refund of any deposits and fees paid. 8. Negatives or digital files: a. The negatives and digital files shall remain the property of The Photographer(s) and shall be kept by them for not less than 12 months from the contract date. b. Should negatives or digital files be lost, damaged or destroyed for reasons beyond control The Photographer(s) liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received. c. All orders should be placed with The Photographer(s) before the end of the 12 month period starting at the contract date. The Photographer(s) will not be liable for failure to produce any orders placed after this time. 9. Cancellation Fees: If The Client(s) should have to cancel a booking the following cancellation fees (as may be appropriate to their case) will become due immediately upon said cancellation. a. Cancellation within one week of booking and more than four complete months to go until contract date - £250 non- refundable booking fee ( see clause 5a). b. Cancellation with less than four months to go until contract date - full price for the complete package booked. c. In all cases where The Photographer(s) is able to rebook the date with an equivalent booking, then the cancellation fee will be reduced to the non-refundable booking fee only and any additional cancellation fees already paid will be refunded accordingly. 10. Placing an Order and Receipt of Goods: a. Any alterations to orders must be notified either by telephone or in writing (sent by special delivery) within one working day of the order being placed. The Photographer(s) will not be held liable for any costs incurred due to alterations to the order made by The Client after this time. b. All wedding orders will take approximately six to eight weeks to complete. All other orders will take approximately four to six weeks. The Client(s) will be informed by via email and good delivered. The Photographer(s) are able to store completed orders for a maximum of two months and after this time any orders not collected may be destroyed. c. The Photographer(s) must be notified either by telephone or in writing (sent by special delivery) within two working days of The Client(s) being in receipt of their order in the case of error, shortage or damage as mistakes cannot be rectified after this period. d. Due to the nature of the product The Photographer(s) are unable to give exchanges or refunds. This does not affect your statutory rights. 11. Governing Law: Any contract made between The Photographer(s) and The Client(s) shall in all respects be governed by and construed in accordance with English Law and the parties hereto submit to jurisdiction of the English courts. 12. Insurance: The Client(s) are hereby advised to take out an insurance policy to cover any expenses in the event of cancellation.
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