TERMS AND CONDITIONS
(These terms and conditions also valid for K9 Dog Photography. www.K9dogphotography.co.uk and any bookings made herewith)
1. DEFINITIONS For the purpose of this agreement ‘the Client’ shall where the context so admits include their respective assignees, sub-licensees and successors in title. ‘Photographs’ means all photographic material furnished by the Photographer, whether prints or any other type of physical or electronic material. Photographer is John Ferrett.
2. COPYRIGHT The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.
3. OWNERSHIP OF MATERIALS Title to all Photographs remains the property of the Photographer. When the Licence to Use the material has expired the Photographs must be returned to the Photographer in good condition within 30 days.
4. USE The Licence 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 Photographer’s express permission. This includes "Screen shots" from any area of www.jferrettphotography.com and / or associated social media pages. Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Client 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 but may incur a further fee, to be mutually agreed. Note : Agreement must be reached with the Photographer before the Photographs may be used for other purposes.
5. EXCLUSIVITY The Client may be authorised to publish the Photographs to the exclusion of all other persons including the Photographer. However, the Photographer 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 her work. After the exclusivity period indicated in the Licence to Use the Photographer shall be entitled to use the Photographs for any purposes.
6. CLIENT CONFIDENTIALITY The photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out her obligations in relation to the commission.
7. HEALTH AND SAFETY. The Health and Safety and Welfare of the client, His / Her pets and / or Children remains the responsibility of the Client.
8. PAYMENT Payment will be expected for the commissioned work within 28 days of the issue of the relevant invoice.
9. EXPENSES Where extra expenses or time are incurred by the Photographer 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 at the Photographer’s normal rate to the Photographer in addition to the expenses shown as having been agreed or estimated.
10. BOOKING CANCELLATION Once a booking has been paid for by the client the photographer guarantees a photography session. Booking fees are non-refundable to the client However if the photographer cancels a full refund will be given.
11. PHOTOGRAPHERS RITE TO USE The photographer retained FULL copyright of all images and may use images for the promotion of the business. This is to include Social media / photographic competitions and all routes of publication.
12. SUPPLY TO THIRD PARTIES The licence only applies to the Client as set out in the Licence to Use Photographs. Images both physical an digital are for the clients PRIVATE USE only. Images taken by the photographer can NOT be used for commercial purposes by the client, entered into competitions or used in any way beyond private use.
13. ELECTRONIC STORAGE Save for the purposes of production for the licensed use(s), the photographs may not be stored in any form of electronic medium without the written permission of the photographer. Manipulation of the image or use of only a portion of the image may only take place with the permission of the photographer. Galleries remain open for viewing for a period of two (2) weeks. After this period, galleries are archived by the photographer. A further 24hrs viewing can be requested free of charge, however further viewings will be charged at a rate of £50 per 24hrs
14. APPLICABLE LAW This agreement shall be governed by the laws of England / Wales & Scotland.
15. AGREEMENT On paying the booking fee the client states that these Terms and Conditions have been read understood and agreed. Clients are encouraged to read these conditions BEFORE booking.