Standard Terms & Conditions
For the purpose of these terms and conditions and without prejudice to the generality of the meanings ordinarily given and implied by the common use of the words herein ;
“The Client" means the person or persons who engage(s ) the professional services of the photographer and includes their assignees, sub licensees and successors in title and shall always refer to more than one if there are more than one client
“The Photographer(s)”shall mean Kendra Eastwood t/a Kendra Eastwood Photography or, any additional or substituted photographer(s) appointed howsoever by Kendra Eastwood.
"Photographs"means any and all photographically obtained images, products and materials furnished and/or obtained by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic and /or digitally stored material.
“The photographers normal rate”shall mean in the case of weddings and external event photography £45.00 per hour or part thereof and in the case of studio based photography £40.00 per hour
The “event” or “Booking” means the event, occasion or package selected and agreed between the photographer and the client.
The “venue” means any place, building or environment selected by the client or agreed to by the client for any event or booking
Confirmation of the clients booking will be made in writing by the photographer.
This may be communicated by post, fax, email or other electronic medium and will confirm the main package details , date, venue and anticipated minimum or agreed price.
Without confirmation the client cannot assume the booking is complete or that any obligations exist between the photographer and client whether in accordance with these terms and conditions or otherwise.
Any alterations to orders must be notified either by telephone or in writing (sent by special delivery) within one working day of the order being placed. The Photographer(s) will not be held liable for any costs incurred due to alterations to the order made by The Client after this time.
All wedding orders will take approximately six to eight weeks to complete. All other orders will take approximately four to six weeks. The Client(s) will be informed by either telephone or in writing once the order is ready and available for collection. The Photographer(s) are able to store completed orders for a maximum of two months and after this time any orders not collected may be destroyed.
The Photographer(s) must be notified either by telephone or in writing (sent by special delivery) within two working days of The Client(s) being in receipt of their order in the case of error, shortage or damage as mistakes cannot be rectified after this period.
The Photographer(s) are unable to give exchanges or refunds. This does not affect your statutory rights.
A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a fee for cancellation or postponement. Any deposit will be forfeit to the Photographer and be unrecoverable by the client
Under the 1988 Copyright Act the copyright of the photographs belongs to The Photographer(s). It is therefore contrary to the Act, and illegal, to copy photographs, or allow, permit or encourage others to copy, by any means photographic, electronically or otherwise, by any person or machine other than by The Photographer.The entire copyright in the Photographs and images is retained by the Photographer at all times in perpetuity and throughout the world.
Title to all Photographic material 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.
The Licence to Use the photographs and images 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 in writing.
Any permission which 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 declared Bankrupt, put into receivership or liquidation on the date of such event
The Licence only applies to the client and product/commission as agreed and its benefit shall not be assigned to any third party without the Photographer's permission in writing.
Accordingly, even where any form of 'all media' Licence is granted, the photographer's permission must be obtained before any use of the Photographs for other purposes e.g. use in relation to another product or sublicensing through a photo-library.
Permission to use the Photographs for purposes outside the terms of the Licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use.
The Photographs are not content or subject released. Unless otherwise indicated, Photographs and media are available for normal and generally accepted editorial purposes.
Photographs must not be edited, changed or 'Filters' be applied.
The Photographer(s) has unfettered artistic licence in relation to the poses and images photographed and the locations used. The Photographer(s) judgment regarding the location, poses and number of photographs taken shall be entirely at the photographers discretion and deemed appropriate.
Photographs taken during the course of a booking will be at the discretion of the photographer(s) although all reasonable efforts will be made to comply with the client(s) requirements.
The Photographer(s) shall use best endeavours to photograph all individuals as requested by the Client(s) at some point during the booking, but no responsibility will be taken by The Photographer(s) in the event of leaving somebody out.
In some bookings involving a religious and/or church ceremony the photographer(s) movements are sometimes restricted and or controlled by the religious minister. The area(s) from which the Photographer(s) are able to cover the ceremony may not be the photographer(s) choice and the photographer(s) cannot accept responsibility for any obstructed view should this be the case.
On wedding or similar occasion bookings the photographer(s) will use best endeavours to photograph all the moments throughout the day as requested by the client. However, because of the individual and unpredictable nature of these events, some unforeseen moments or anticipated moments might not be photographed
Alterations made to the booking by the client(s) may only be agreed at the discretion of the photographer(s) In some circumstances (eg change of ceremony date for a wedding) the photographer(s) may be unable to accommodate these alterations. The photographer(s) is not liable to compensate the client(s) in any way whatsoever.
Due (inter alia) to the large variety of environmental and/or lighting conditions combined with the limitations of digital recording some colours may alter throughout a set of photographs and published media. Please note that certain colours do not reproduce exactly on photographic film, paper or other printed and publishing media.
It is understood that all photographic printing in whatever media will be undertaken within the technical limitations of the process and by a competent third party. It is also understood that prints made at different times or in different sizes may be variable in colour balance saturation and/or intensity.
All print and presentation sizes quoted are approximate and subject to the discretion of The Photographer(s).
All equipment is checked regularly but the photographer(s) will not be responsible for photographs that are not produced due to technical failure, either at the shooting or processing stage.
The photographer will use best endeavors to only engage competent and satisfactory third party printing and publishing services to deliver ordered images and/or products. The photographer is not responsible for the failings of third party printing or publishing services howsoever occurring.
The client(s) hereby allow(s) the photographer(s) to display any photograph covered by this contract and to generally promote the photographers business in advertising, brochures, magazine articles and other such material.
The Client will 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 his/her work. After the exclusivity period indicated in the Licence to Use the Photographer shall be entitled to use the Photographs for any purposes.
The photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the event booked.
Wedding Client(s) – a non-refundable booking fee (Dependent on Package Price) paid by cash or cheque along with a completed contract will confirm your booking. Payment for the photographic coverage and album is payable in full six weeks prior to the contracted date. All additional goods are payable on ordering.
Other Client(s) – a non-refundable booking fee (Dependent on Package Price) paid by cash or cheque along with a completed contract will confirm your booking. Payment for the photographic package is payable before or on the day of the contracted date. All additional goods are payable on ordering
Title to all goods remains the property of the Photographer until paid for in full by The Client(s).
Payment by the Client will be expected for the commissioned work within 14 days of the issue of the invoice by the Photographer. If the invoice is not paid, in full, within 14 days:
The Photographer reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 (currently Bank of England base rate plus 8%) from the date payment was due until the date payment is made, plus any debt recovery costs.
Where extra expenses or professional time are incurred by the Photographer as a result of alterations to the original order/booking by the Client, or otherwise at their request, the Client will be liable to pay such extra expenses or fees at the Photographer's normal rate to the Photographer in addition to the expenses previously agreed or estimated.
The performance of the contract by the photographer is subject to alteration or cancellation by the photographer(s) owing to any cause beyond their reasonable control which shall include but not be limited to;
(i) sudden or unsuspected illness/injury,
(ii)storm, tempest, road blockage, transport failings, accidents, technical failure, terrorism, violence or threats of violence .
The Photographer(s) will, without guarantee of success, use best endeavours to arrange other professional photographers who will be contacted by their staff (or family) in the event that they are not able to attend your booking due to clause a above
In the event of cancellation by The Photographer(s) although all attempts will be made to arrange for another photographer to be present or in the unlikely event of total photographic failure (although re-shoots may be arranged if practicable – The Photographer(s) will not be responsible for costs in order to stage such re-shoots), The Photographer(s) liability shall be limited to a full refund of any deposits and fees paid.
The photographer shall not be liable for the death, personal injury or other losses sustained by the client , their guests and/or invitees or others involved in the event/booking save where such liability is preserved by Act of Parliament .
Although all reasonable and proportionate endeavours are taken by the photographer to make the photographers studio environment and/or props and effects reasonably safe, clients acknowledge that ( by way of example only) effect lights can be hot, heavy and sharp and photographic equipment heavy and can create a tripping hazard. As such the client acknowledges the existence of some risk within the studio environment for which the photographer excludes liability.
Accidental failure of equipment, and/or injury to clients their invitees and others involved in the event that is caused or substantially contributed to by the negligence of others are not the legal responsibility of the photographer.
In relation to events involving infants and children, the clients and /or the parents and /or guardians of children attending the event have full and exclusive responsibility for the care and conduct of the children attending and the photographer shall not be liable for injury and loss sustained by children attending the events save where such liability is preserved by an Act of Parliament
In out of studio events the photographer shall not be liable for the environmental and physical characteristics of the venue or hazards and risks willingly assumed by the client. The photographer will not knowingly or recklessly expose the client to any hazards not ordinarily associated with the venue or hazards and risks willingly assumed by the client
The Client(s) are hereby advised and acknowledge such advice to take out an insurance policy to cover any expenses in the event of cancellation.
The Client will keep the Photographer indemnified in perpetuity in relation to the use of the images and contents captured by the photographer whether in continuance of the Licence or otherwise.
The client agrees it will not use them in anyway which would give rise to a cause of action by person(s) identifiable in the Photographs or by persons against all actions maintained against the photographer in this regard
Unless a rejection terms has been agreed in writing in advance, there is no right to reject on the basis of style, subject matter or composition.
The photographer reserves the right to credit on all preview photographs and unselected images, the Photographer's name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s).
Save for the purposes of reproduction 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 written permission of the Photographer.
This agreement shall be governed by the laws of England & Wales
These Terms and Conditions shall not be varied except by agreement in writing.