Matthew Upson Photography
TERMS AND CONDITIONS
1. COOPERATION. The Studio and Client shall cooperate, agreeing to all schedules and arrangements for services to be provided, including arriving promptly for scheduled photography as agreed upon at a planning meeting. Changes to scheduled times shall be agreed upon prior to photography. The Studio shall endeavor to meet all reasonable Client expectations; the Studio makes no express or implied warranty for producing specific images. When the Client, or others referred to in the schedule, is not on time, the Studio shall not be liable for omissions of requested photographs that may otherwise be feasible.
2. PAYMENT. The Client shall pay the Photographer a retainer of £200 upon booking. The booking will not be confirmed until payment is received. Payments for orders are due upon placement of the order.
3. RESERVATION OF RIGHTS. The Client acknowledges that Matthew Upson is the sole copyright holder of the images. In addition, this contact does not give the client permission to copy, reproduce, scan or publish the images including use on social media. If the client wishes to have copies of images for social media they can be requested and granted via a separate contact. This contract does not give usage or publication rights to third parties.
4. ADDITIONAL USAGE. This contact is for printed portrait images only. This contact does not grant any publication or reproduction rights. If publications of reproduction rights are desired they can be purchased via a separate contact.
5. RESHOOTS. If the Photographer is required by the Client to reshoot the assignment, the Photographer shall charge in full for additional fees and expenses, unless (A) the reshoot is due to acts of god or is due to an error by a third party which case the Client shall only pay additional expenses but no fees. The Photographer shall be given the first opportunity to perform any reshoot.
6.CANCELLATION. Should the Client cancel the assignment date or cancel this agreement less than 10 business days before the scheduled date of photography, the Studio shall retain all retainers paid. If the cancellation is 10 business days or more from the scheduled date of photography the studio will refund the retainer net of expenses incurred. The Studio shall not cancel unless serious illness or other such physical handicap shall render the Studio incapable of carrying out its obligations. The Studio having made every endeavor to perform as the Client’s sole remedy.
7. ASSIGNED PHOTOGRAPHER. The Studio reserves the right to replace assigned photographers as necessary, such as in the event of an emergency, in order to honor this agreement. The Client, subject to time permitting, shall be advised accordingly and has the right to approve or disapprove such change in assignment. On approval any paid attendance fees will then be refunded. In the event the Client disapproves, this contract shall be deemed cancelled and all retainers shall be returned to the Client net of expenses incurred.
8. COLLECTIONS. The Client agrees to meet any and all reasonable charges and expenses incurred in the collection of delinquent balances. The Client shall be liable for any reasonable fees and charges required to obtain the return of proofs, including but not limited to attorneys’ fees, court costs, and expert witness fees.
9. LIMITATION ON DAMAGES. The Client hereby agrees that, in the event there is a ruling which determines that the studio has breached its obligations under this contract, then the maximum damages that the Client is entitled to is the money paid in to the Studio to date. Under no circumstances is the Client entitled to any damage reward which would exceed the money paid in by the Client to date.
10. PHOTOGRAPHER’S STANDARD PRICE LIST. The charges in this Agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
11. CAPTURE AND DELIVERY: The Photographer is not liable to deliver every image taken. The determination of images delivered to the Client is left to the discretion of the Photographer.
12. POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left to the discretion of the Photographer.
13. This contract is subject to the laws of England in the United Kingdom.