In the following Terms and Conditions:
“ASP or Business” shall mean Ann Stebbing Photography
“Client” shall mean “You” the Parties to the Contract;
“Shoot” shall mean the Photographic session title inserted into the Contract;
“Photographer” shall mean Ann Stebbing
“The Contract” shall mean the agreement between The Client and ASP for the provision of products and services, consisting of these Terms and Conditions, the Booking Form, and any subsequent order form.
“Products” shall mean any data storage media, downloads, prints, framed images or other image related items offered by ASP.
“Services” shall mean photography to be carried out at the Shoot and any other Services agreed between the Client and the Photographer and set out in the Contract;
It is agreed that the following terms and the Contract (Booking form) set out the entire agreement made between the parties, and that no variation or modification of the contract shall be effective unless agreed by both parties in writing. Each party acknowledges that, in entering into the contract, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in the Contract (Booking form) and these Terms & Conditions.
Booking Fee (Deposit) The Parties acknowledge that the Booking Fee is non-refundable or transferable in the event of cancellation by the Client.
All cheques should be made payable to Ann Stebbing Photography. Other methods of payment are available and the most appropriate decided at the time of the booking or placing the product order.
Late payments or returned cheques will attract an administration charge of £10.00. No products will be delivered until all payments have been received in full in cleared funds.
License and Coverage
The Photographer shall be granted artistic license in relation to the poses photographed and the locations used. Although every effort will be made to comply with the Clients’ requirements, the Photographers’ judgement regarding the location, poses and number of images taken and made available to the client shall be deemed correct and not subject to dispute.
Whilst the Photographer shall endeavour to fulfil the Clients’ requirements, the Photographer cannot be held responsible for non-availability of subjects or locations caused by adverse conditions or restricted access.
Any alterations made to this Contract by the Clients once details have been confirmed may only be made at the discretion of the Photographer.
Use and Display of Images
The Clients hereby allow the Photographer to display any images relating to the Contract and to generally promote the Business in the Photographer’s portfolio and by means of advertising, publicity material, websites, exhibitions, competitions, magazine articles, and other such media, providing that the images are used lawfully and without damage to the Client(s). By signing the Contract you consent to the use of such images unless you specifically decline permission on the Booking form. Images placed in password protected galleries within the website are not available to the general public in the normal course of events. The Photographer agrees not to resell any image to a third party other than with prior written consent and a completed Model Release.
Image and Reproduction
All print and presentation sizes quoted are approximate and subject to change at the discretion of the Photographer and may be subject to slight variation. Whilst every effort will be made, the Photographer cannot guarantee exact colour matching and is not held responsible for any colour variations which may occur due to light and location variations.
Due to limitations of computer monitors and variations of computer operating systems, it is understood that images viewed via this method may appear differently according to the specification of each monitor/computer and that prints may not match images rendered on any particular computer monitor.
Where images are made available for use on a CD/DVD player by disc, reasonable steps are taken to ensure compatibility, but you acknowledge that discs may not play on all CD/DVD players and computers.
Only quality data storage media is used and each is checked prior to delivery. However, it remains the responsibility of the Clients to check for in-transit damage. The Photographer cannot be held responsible for damage to equipment resulting from defective media. Although virus checking software is used it is the Clients responsibility to virus check any data storage media received for themselves.
In the event a product no longer being available a suitable alternative of similar quality will be offered. The photographers’ choice of an alternative will be deemed as correct and acceptable to the Client(s). Any surcharge resulting from the order of a new product following rejection of a replacement will be the responsibility of the Client(s).
All completed products shall remain the property of the Photographer until full payment is received.
Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988 and remain the copyright of The Photographer at all times unless there is express written agreement to the contrary. It is contrary to the Act to copy or allow to be copied photographically, electronically or by any other means an image created as part of this contract without the written permission of the Photographer.
In the unlikely event that the assigned Photographer is unable to attend your Shoot due to unforeseen circumstances, Ann Stebbing Photography reserves the right to appoint another suitable Photographer(s) to attend the Shoot on our behalf to undertake the photography to his/her best ability.
Insurance & Limitation of Liability
The Photographer will maintain Public Liability insurance at all times. However, in the unlikely event of a total photographic failure or cancellation of this Contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the Contract.
Neither party shall be liable for any indirect or consequential loss.
Where the Photographer has to cancel the Shoot, due to circumstances beyond her control the full amount of the Booking Fee and any further payments received will be returned to the Client.
Where it is possible a re-shoot may be arranged (if practicable) however, the Photographer will not be responsible or liable for any additional costs incurred by the Client.
Should the Client wish to cancel this contract at any time, Notice of Cancellation must be given in writing to the Photographer. In such circumstances, the Client will be liable to pay the Photographer the Booking Fee only.
Re-scheduling a shoot with no additional cost is at the discretion of the Photographer.
Events outside our control
ASP will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control including (but not limited to) equipment failure, the weather, illness, injury or the acts of third parties.
Conduct & Safety
The Client will be responsible for the reasonable behaviour of everyone involved in the Shoot including children and pets including adequate supervision of children and animals. The Photographer will not tolerate verbally or physically abusive behaviour. Such behaviour may interfere with photography and affect the quality and variety of the photographs. If this behaviour is judged by the photographer to be a threat to themselves or their equipment it will result in the early or immediate departure of the photographer. The Client understands that in such an event, no refunds will be granted.
At present VAT is not applicable to products and services supplied by Ann Stebbing Photography.
All complaints should be raised by the Client directly to the Photographer in writing within 14 days of the occurrence which gives rise to the complaint. The Photographer will consider the complaint and shall provide a response to the Client within 14 days of receipt of the Complaint. In the unlikely event of an unresolved complaint the Client may request the Guild of Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.
Any Notice relating to this contract should be in writing and sent by recorded delivery to the address stated in the Contract.
Governing law and jurisdiction
The parties irrevocably agree any dispute arising out of this contract shall be governed and construed in accordance with English Law and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.
Elements of the reproduction process and image display will be sub-contracted to third parties as required.
The Client agrees that if any proposed subject is under the age of 18 that they, the person signing the Booking Form has the permission of a parent or guardian of the said subject to be included in any photographs.
ASP has the right to revise and amend these Terms and our prices from time to time. You will be subject to the policies and terms in force at the time that you contract with us, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
If any of these Terms are inconsistent with any term contained in the Booking Form, then the Booking form shall prevail.