Terms and Conditions
In the following Terms and Conditions:
“Business” shall mean Fish 2 Photography
“Client(s)” shall mean “You” the Parties to the Contract;
“Event” shall mean the Event title inserted into the Contract;
“Photographer(s)” shall mean Business or Photographers Name
“Products” shall mean any USBS, albums or other items listed in the Contract;
“Services” shall mean photography to be carried out at the Event and any other Services agreed between the Client(s) and the Photographer and set out in the Contract;
It is agreed that the following terms and the Contract 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 and these Terms & Conditions.
The Photographer(s) will confirm the Event, Date, Time, Services upon receipt of cleared funds in respect of the Booking Fee. The Parties acknowledge that the Booking Fee is non-refundable or transferable in the event of cancellation by the Client.
Fish 2 Photography will be in contact with you approximately [2-3] weeks prior to your Event to arrange a pre-event appointment if this is deemed necessary. Any remaining balance is to be paid by that meeting date.
All payments must be received in cleared funds prior to the Event.
Following payment of the Booking Fee, the balance of fees due is to be paid as follows:
• The same amount as the booking fee is due 12 months prior to the event date;
• The remaining balance is due by the pre-event meeting or 14 days prior to the event if a pre-event meeting is not held.
• Payment for any additional images or products must be made at the time of order.
Failure to make payment by the dates stipulated may result in cancellation.
All cheques should be made payable to Fish 2 Productions. Bank Transfer (BACS) payments are acceptable too.
Late payments or returned cheques will attract an administration charge of £50
No photographs or albums will be delivered until all payments have been received in full in cleared funds.
Where payment is to be made by a third party, the Parties acknowledge that they shall remain responsible for any balance outstanding in respect of the Contract.
Licence and Coverage:
The Photographer(s) 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 photographs taken shall be deemed correct and not subject to dispute.
For Events involving a church ceremony or at certain other venues, the Photographer(s) movements are sometimes restricted by the minister of official in charge: photographing of parts or even all of the ceremony or occasion may be restricted or prohibited, as may the use of artificial lighting. The Photographer(s) cannot accept responsibility for limited coverage in such circumstances.
Whilst the Photographer(s) shall endeavour to fulfil the Clients’ requirements, the Photographer(s) cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings, preventing the coverage of certain specified shots.
Any alterations made to this Contract by the Clients once details have been confirmed may only be made at the discretion of the Photographer(s) and should be agreed in writing. Where the Photographer(s) is unable to accommodate alternative arrangements (such as change of ceremony date and or venue) the Photographer(s) are not liable to compensate the Client(s) in any way whatsoever.
Image and Reproduction
All print and presentation sizes quoted are approximate and subject to change at the discretion of the Photographer(s) and may be subject to slight variation. Whilst every effort will be made, the Photographer(s) 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 USB device, reasonable steps are taken to ensure compatibility, but you acknowledge that USBs may not play on all devices including and not exclusive to computers.
Only quality branded USB’s are used and each is checked prior to delivery. However, it remains the responsibility of the Clients to check for in-transit damage. The Photographer(s) cannot be held responsible for damage to equipment resulting from defective media.
Retouching, digital manipulation and artist finishing is available to the Client as an optional extra.
All reorders shall be treated as an extension of the Contract and no responsibility for any error will be accepted unless orders are provided in writing.
In the event a product (such as an album) is no longer 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 images shall remain the sole property of the Photographer(s) at all times. All completed albums and products shall remain the property of the Photographer(s) until full payment is received. Copyright 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(s) 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(s).
In the unlikely event that the assigned Photographer is unable to attend your Event due to unforeseen circumstances, Fish 2 Photography/Productions reserves the right to appoint another suitable Photographer(s) to attend the Event on our behalf to undertake the photography to his/her best ability.
Insurance & Limitation of Liability
The Photographer(s) will maintain Public Liability and Professional Indemnity 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.
The due performance of this contract is subject to alteration or cancellation due to a Force Majeure Event. A Force Majeure Event means an event beyond the control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources. For the avoidance of doubt, it does not include circumstances where the Photographer(s) attend an Event to perform the Services and any of the Parties fail to attend.
It is the responsibility of the customer to ensure the co-operative behaviour of subjects at a shoot. Should the photographer(s) feel unsafe at the contracted photoshoot or be subject to abuse and the customer cannot control or prevent the situation then the photographer is entitled to advise the customer of that situation and leave without forfeit on this contract (eg drunk / abusive guests at a wedding)
Where the Photographer(s) has to cancel the Event, due to circumstances beyond his/her control the full amount of the Booking Fee and any further payments received will be returned to the Client(s).
Where it is possible a re-shoot may be arranged (if practicable) however, the Photographer(s) will not be responsible or liable for any additional costs incurred by the Client(s).
Should the Client wish to cancel this contract at any time, Notice of Cancellation must be given in writing to the Photographer(s). In such circumstances, the Client will be liable to pay the Photographer(s) the following sums-
• Notice received 365 days prior to the wedding date or more: Booking Fee only.
• Notice received less than 365 days but more than 90 days: 50% of the agreed balance due will be payable.
• Notice received of 90 days or less: 100% of the agreed balance will be payable.
Where no package has been selected on the original booking form, the agreed balance will be accepted as being £1,000 and the date of cancellation will be deemed to be the date the Photographer(s) receives written Notice of Cancellation, as confirmed by the Photographer. Where an Event is postponed until a later date, the postponement will be treated as a cancellation in accordance with the above payment structure. If the photographer can accommodate the date a 50% allowance of the amount due will be transferred to that new date and a new contract will be commenced.
All prices quoted are subject to V.A.T at the prevailing rate where applicable.
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.
LICENCE AGREEMENT TO USE IMAGES SUPPLIED BY FISH 2 PHOTOGRAPHY
LICENCE AGREEMENT TO USE IMAGES SUPPLIED BY FISH 2 PHOTOGRAPHY
IT IS IMPORTANT YOU READ THE FOLLOWING TERMS AND CONDITIONS OF THIS LICENCE AGREEMENT (YOUR LICENCE) CAREFULLY BEFORE USING THE IMAGES TAKEN AND PROVIDED.
Images supplied by a photographer are protected by the Copyright, Designs and Patents Act 1988 and other legislation, and a breach of copyright law is a SERIOUS OFFENCE. By receiving the below images supplied by Fish 2 Photography you acknowledge your acceptance of the terms of this Licence and you agree to be bound by its terms and conditions. Any failure to comply with the terms of this Licence may be dealt with as a copyright infringement.
The Licensed Images are Photographic shoot supplied as a downloadable jpeg in both ‘High Resolution’ and ‘Low Resolution’ formats*. Fish 2 Photography grants you non-exclusive, non-transferable, licence to use the supplied Images, identified above, in the following ways -
• From the High-Resolution images, you may make an unlimited number of prints for ‘Personal use’ (as defined below) only. They are NOT be used for public display on websites or any such Medium.
• The Low-Resolution Images have been resized to be suitable for most online websites and may be used for ‘Personal use’ (as defined below) and public display on websites or any such medium. These images have a small watermark on them to allocate accreditation to Fish 2 Photography which must remain on them*. Please note that these images are not suitable for printing.
For the purposes of this Licence agreement ‘Personal use’ does not include use that which results in financial gain (including but not limited to: advertising, stock photography, print sale profits, or resale of any nature). It also excludes use for other commercial or editorial purposes, as well as competition use without the express written permission of Fish 2 Photography.
It is not permitted to alter or adjust any of the High or Low-Resolution images without the express written permission of Fish 2 Photography.
The above permissions apply worldwide.
Your purchase of the original files releases Fish 2 Photography from any liability due to loss or damage of the images, and also releases Fish 2 Photography from any obligation to maintain copies of any digital file, image, or photograph.
All right, title and interest in the Licensed Images, including (without limitation), all copyright, patent, trademark, rights of publicity and other proprietary rights, are owned and shall remain with Fish 2 Photography. By accepting these images you are agreeing to the above Licence and its Terms & Conditions.
This Licence Agreement is governed by English law and shall fall under the Exclusive Jurisdiction of the Courts of England and Wales.