Terms and conditions
Definitions
Defined terms used in this agreement are as set out in the booking details and/or below:
Photographer refers to Elizabeth Turner trading as 'captured by Elizabeth'.
Client(S) refers to the individual(S) Or company entering into this agreement as set out in this agreement details.
Agreement refers to this agreement.
Booking fees refers to the charges payable by the client for the supply of services by photographer.
Force majeure means serious illness, injury or medical emergency affecting the photographer or an immediate family member; bereavement; extreme or severe weather conditions making travel to venue impossible or unsafe; natural disaster, pandemic or public health emergency; acts of terrorism, civil unrest or government restrictions; fire, flood or damage to equipment; any other event or circumstances outside the photographer's reasonable control.
Images refers tot he photographic materials created by the photographer; this includes digital images, edits and unedited work.
Intellectual property rights refers to copyright and related images, moral rights, trademarks and service marks, business names and domain names, rights in get up and trade dress, goodwill and the right to sue of passing off or unfair competition, rights in design, right to use and protect the confidentiality of confidential information and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted renewals or extensions of and rights to claim property from those rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Agreed Terms
Clients
The client must be over the age of 18 in order to enter into this agreement. The client is responsible for securing any necessary permits or permission for the event and the event location unless otherwise agreed in the booking details.
Fees
Deposit: A £100 nonrefundable deposit is required to secure your booking. An invoice to settle the deposit amount will be sent to you via email upon conformation of booking.
Balance: The remaining balance of the fee is required 30 calendar days before the event date. If the remaining balance of the fee remain unpaid 30 calendar days before the event date, the photographer has the right to terminate the agreement. If full payment has not been received 10 calendar days before the event a payment reminder will be sent to your chosen contact method. A further email requesting payment will be sent 2 days before the event if this still has not been paid in full.
Rescheduling
If the client needs to reschedule the event date, reasonable efforts will be made to transfer the booking to the new date. If the photographer is unable to attend the new date due to a pre existing booking, the photographer reserves the right to retain the deposit. If the client requests the reschedule within 30 days of the original event date, the photographer reserve the right to require payment of the remaining balance of the fees in full.
Breaks
The photographer has the tight to one 20 minute rest break during their working day, where the event lasts up to 2 hours. Where an event exceeds this, the photographer shall be entitled to a 30 minute lunch break and an additional 20 minute comfort break where the event exceeds 6 hours. This break is included in the quoted hours of coverage. The photographer will aim to take the break at a time which will cause the least disruption to the event.
For a wedding booking that is more than 6 hours a catered meal is required to be supplied to the photographer. If this is not possible then notice must be given at the time of paying the balance fee.
Deliverables
The photographer will deliver the deliverables by the delivery date unless delayed by circumstances beyond their reasonable control.
Safety
The photographer reserves the right to terminate the booking and leave the event location if the photographer experiences inappropriate, threatening or offensive behaviour from anyone at the event, or in the event that the photographer believes that the safety of the photographer is in question.
Intellectual Property rights
The photographer retains full copyright and all intellectual property rights in all deliverables, photographic work, images, files and materials created under this agreement in accordance with the copyright, design and patents act 1988. The photographer may use selected images for portfolio, website, marketing, social media, advertising and promotional purpose unless client notifies the photographer in writing that such use is not permitted by ticking the appropriate box in the booking details.
Licence to the client
Upon full payment of all fees due under this agreement, the photographer grants the client a non exclusive, non transferable licence to use the deliverables strictly as set out in the licence. The client may not sell, license, distribute or commercially exploit the deliverables unless expressly authorised in writing by the photographer. Any use of the deliverables outside of the licence, may insure additional costs.
Restrictions of use
The client must not copy, reproduce, modify, alter or create derivative works from the deliverables except as permitted under the licence or otherwise agreed in the writing with the photographer.
Limitation of liability
Nothing in this agreement shall limit or exclude either parties liability for:
A) Death or personal injury caused by negligence
B) Fraud or fraudulent misrepresentation
The photographer shall not be liable to the client for any:
A) Indirect or consequential loss
B) Loss of profit, revenue, goodwill or opportunity.
C) Loss arising from circumstances beyond the photographers reasonable control, including restrictions imposed by the event, date, location, other venues, guests or weather conditions.
The photographer's total liability arising out of this agreement shall not exceed the total fees paid by the client to the photographer in respect of the event. The client shall be responsible for any loss of or damage to the photographer's equipment where such loss or damage is caused by the client's or any third party at the event negligent of acts, omissions or deliberate misconduct. The client agrees to reimburse the photographer for the cost of repair or replacement of the affected equipment at the photographers discretion in such circumstances.
Forced majuere
The photographer shall not be liable for any delay in performing or failure to perform it's obligations under this agreement if such delay or failure results from a force majuere event. In a force majuere event, the affected party should notify the other as soon as reasonably practicable and all use reasonable endeavour to mitigate the impact. Where force majuere event occurs, the photographer will use reasonable endeavours to:
Identify and recommend a suitable replacement photographer of equivalent skills and experience.
Pass on all relevant booking information to the substitute photographer with the clients consent.
Provide any deposit or fees paid to the substitute photographer where the client agrees to proceed on that basis.
The photographer gives no warranty as to the availability or suitability of any substitute photographer and accepts no liability for the performances of any third party recommended under this clause.
Printing of images
As the photographer does not provide a printing service, the client is permitted to arrange printing with third parties. The photographer is not responsible for variations in colour, quality or finish that may arise due to third party print process or equipment.
Editing, styles and retouching
The photographer retains full discretion over the final look, editing style and presentation of all images and the deliverables. Basic editing is applied to images but any manipulation is available to the client at an additional cost.
Number of images
The photographer will use reasonable skills and care to capture the event, however, the number of images produced may vary based on conditions and professional judgement. The minimum number of edited images will be 300 but the photographer does not guarantee the provision of additional images beyond this minimum. RAW, unedited or rejected files will not be provided unless expressly agreed in writing.
Disclamer
The deliverables will reflect the photographer's artistic styles as represented in her portfolio. The photographer cannot guarantee that the deliverables will match any expectations of the client.
Complaints
Any complaints should be raised by the client with the photographer in writing, within 28 days of the delivery date.
Termination by the client
Subject to the following clause, the client may terminate this agreement at any time by providing written notice to the photographer. Where the client is a consumer, the client has the right to cancel this agreement within 14 days of the date of signature of the booking details (the 'cooling off period'). If the client terminates the agreement during the 14 day cooling off period, the deposit shall be refunded in full. Where the event date falls within the cooling off period, the client may request that the photographer commences service before the cooling off period has expired. In such circumstances:
The client must provide express written consent to wave their rights to cancel under this clause and their right to any refund of deposit and/ or the fee: and
If the client subsequently cancel, the photographer shall be entitled to charge for any work carried out to the point of cancellation on a pro rata basis.
For the avoidance of doubt, the cooling off rights apply only to consumer clients. Business clients have no equivalent right under this agreement. If the client terminates the agreement after the cooling off period, the client acknowledges and agrees that the deposit is paid to secure the booking is wholly non refundable in all circumstances. The client acknowledges that the deposit is a genuine pre estimate of the losses the photographer will suffer as a result of holding the event date exclusively for the client.
If termination occurs within 30 days of the event date, the full remaining balance of the fee shall:
If paid, be retained buy the photographer and
If unpaid, becomes immediately due and payable by the client to the photographer.
Termination by the photographer
The photographer may terminate this agreement at any time with immediate effect by given written notice to the client if:
A) The client fails to pay any amount due to under this agreement on the due date and remains in default for 7 days after being notified.
B) The client is in breach of any obligation under this agreement.
C) The photographer reasonably believes that continuing the services may pose a risk to their safety or well being and
D) Reasons for force majeure
If the photographer terminates under this clause for reasons other than non payment or client breach, the photographer shall refund all fees paid. In the event of equipment failure during the booking, the photographer will use reasonable endeavours to:
Utilise backup equipment where available
Continue to provide services to the best of her ability in the circumstances and
Notify the client as soon as practicable of any material impact on the services.
Where equipment failure results in material failure to deliver the agreed services, the photographer's liability shall be limited to a proportionate refund reflecting the services actually delivered. The photographer shall not be liable for any consequential loss airing from equipment failure.
Survival
Any clauses which expressly or by intended to continue in force after termination shall remain in full force and effect, including but not limited to:
A) Intellectual property rights
B) Licence restrictions
C) Limitation of liability
D) Data protection
E) Indemnities
Data protection
Both parties will comply with their obligations under the UK general data protection regulation and the data protection act 2018 in relation to all personal data processed under this agreement. The photographer will store the final edited images for a minimum period of 6 months from the delivery date. After this period, the photographer may delete images without notice.
Key principles
The photographer will ensure that personal data is:
A) Fairly and lawfully processed
B) Processed for the purpose maned in this agreement only
C) Relevant and non excessive
D) Accurite
E) Not kept longer than necessary
F) Sure
Purpose of processing
The photographer will process personal data only as necessary to :
A) Provided the services under this agreement
B) Communicate with the client
C) Deliver and store images
D) Fulfil legal or regulatory obligations and
E) (Where agreed) use selected images for portfolio or marketing purposes.
Third Parties
The client accepts sole responsibility for ensuring that:
Third parties attending this event (event attendees) have been given adequate prior notice that photography will rake place at the event
such notice is communicated through appropriate means, which may include
--- Printed signage display prominently at venue entrances and through the event location
--- Verbal announcements made at the event.
--- Notice published on any event website or social media pages.
Any event attendee who has indicated they do not wish to be photographed is clearly identified to the photographer prior to or at the commencement of the event.
By entering into this agreement, the client warrants and confirms that appropriate steps have been taken, or will be taken prior to the event, to notify all event attendees that photography will be taken place and that resulting images may be used by both client and the photographer in accordance with these terms and conditions. The client agrees to indemnify and hold harmless the photographer against reasonable losses arising from third party claims made by the event attendees, where such claims are caused by the client's breach of its warranties and where the photographer has acted in good faith. Where the event may involve the photography of individuals under the age of 18 the additional provision apply:
The client expressly warrants that appropriate parental or guardian consent has been obtained for all minors who may be photographed.
The photographer reserves the rights to decline photograph any minors where she has reasonable doubt that appropriate consent has been obtained.
Images featuring minors will not be used by the photographer for any promotional, marketing or commercial purpose without the express written consent of parent or legal guardian.
The photographer will act responsibly in response to any request to remove or restrict the use of the image where:
An individual raises a responsible and legitimate objection to the use of their image.
The request is made in writing to the photographer at the address stated in the booking details.
The photographer will endeavour to respond to all such request within 14 days of receipt. The photographer's obligation to comply with takedown requests does not extend to images that have already been published by third parties beyond the photographer's reasonable control.
The photographer may share personal data with third party service provides where necessary to deliver the services (eg: online gallery providers, editing software providers or cloud storage platforms). Any third party used will process personal data in accordance with applicable data protection laws.
General clauses
Entire agreement
Serberabillity
Sub contracting
Non assignment for client
Amendments to agreement
Governing law