In the following terms & conditions “the photographer” shall mean Philip Hill trading as Philip Hill Photography. “The client” shall be the person, or persons, as defined on the contract form. The following terms & conditions cannot be varied in any way by the client unless such conditions are expressly agreed by the photographer in writing.
i. The copyright Designs and Patents Acts assign the copyright of the images to the photographer.
i. The client hereby allows the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc.
3. CREATIVE LICENSE, COVERAGE AND REPRODUCTION
i. Photographs taken during the course of the event will be at the discretion of the photographer although every effort will be made to comply with the client’s requirements.
ii. Special requests are not a binding instruction, although every effort is made to comply with the client's wishes. The Photographer will do their best to honour the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes beyond the photographer's control, such as weather, tides and the availability and willingness of subjects.
iii. For a booking involving a private location or at certain public/commercial venues, the photographer's movements are sometimes restricted. The area from which the photographer is able to cover the session may not be the photographer's choice and the photographer cannot accept responsibility for any obstructed view should this be the case.
iv. Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs.
v. 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.
i. For all packages, apart from Newborn, the full payment will be required to confirm the booking, as well as full acceptance of these terms and conditions.
ii. Newborn Package - Payment can be made in full at time of booking. You also have the option of paying 50% at the time of booking, with the remainder be paid before the final 7th session. An additional 15% will be charged if using this option.
iii. Any additional goods ordered must be paid for in full at the time of ordering.
iv. Titles to all goods remains with the photographer until paid for in full by the client.
5. FORCE MAJEURE
i. In the very unlikely event of cancellation by the photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid. ii. The photographer will endeavour to put the client in touch with another photographer in the event they are unable to attend on the agreed date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown etc.
6. DIGITAL NEGATIVE FILES
i. All digital negatives (computer files) remain the property of the photographer. All standard packages include a copy of the edited digital negatives to the client for online viewing.
ii. Clients can purchase all edited digital negatives taken during the shoot, and use them for their own non-commercial use.
iii. Should the digital negative files be lost, damaged of destroyed for the 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.
iv. All digital negative files will be stored with the photographer for 36 months from the date taken. The files will then be deleted from the storage drive, except any images used for display (See section 2). The client will be advised 30 days prior to the removal, with the option to purchase the files prior to removal.
7. ON THE DAY
i. The photographer will be the sole professional (still) photographer at the location of the session.
ii. The photographer will not take photos of any client, until the client is happy to do so.
iii. If shooting outside the photographer will continue to shoot regardless of the weather. If weather conditions deteriorate so much and there is an element of risk to the client/s or photographer, the session will end. Either an alternative location will be found to carry on with the session, or the session will be rescheduled to an agreed alternative time and day.
8. PERSONAL ACCIDENT
i. Any directions issued to the client, during a photographic shoot are deemed to be at said person's own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
9. CANCELLATION FEES
If the client should have to cancel a booking the following cancellation fees will be used;
i. +14 Days Prior - 75% of the paid booking will be returned.
ii. 14-7 Days Prior - 50% of the paid booking will be returned.
iii. 6-2 Days Prior - 25% of the paid booking will be returned.
iv. Less than 24 hours - No refund will be made.
Note: The client is hereby advised to take out an appropriate insurance policy to cover any expenses incurred in the event of cancellation.
i. The photographer will endeavour to deliver digital negative files on line as quickly as possible. However this could take up to 3-5 weeks during busy periods.
Updated 8 April 2021