TERMS AND CONDITIONS
The following words or expressions shall have the meanings stated:
“the Photographer” means Leanne Foster trading as flash BANG Photography or any other person appointed by Leanne Foster.
“the Customer” means the person identified as the customer on this Booking Form or associated Booking Form.
“Booking Form” means a form (whether or not printed on the reverse of these Terms and Conditions) completed by the Customer by which the Customer instructs the Photographer to create Material.
“Material” means all photographs, prints, transparencies, images, negatives, digital scans, digital files, design, artwork, montages, drawings, engravings and/or any other photographic product or other product comprising or containing reproduction of any form of photographic material, and which has been created by the Photographer.
“Order” means any request, order, commission or instruction by or on behalf of the Customer for creation of Material by the Photographer.
“Price” means the price for an Order as set out on a Booking Form.
COPYRIGHT
The Photographer shall own the copyright in all Material created and shall have the
exclusive right to make reproductions. The Photographer shall only make reproductions
for the Customer or for the Photographer's portfolio, samples, self-
For the avoidance of doubt, the copyright in all Material created by the Photographer shall be and shall remain the property of the Photographer in accordance with the Copyright, Designs and Patents Act 1988.
(a) In case of Bookings, the Customer(s) shall have no right to reproduce, or to authorise the reproduction of, by any means whatsoever (including by photocopying, copying in digital or online form) any Material created by the Photographer, unless the Photographer issues a separate license for any such reproduction. The Customer(s) hereby acknowledges that infringement of the Photographer’s copyright is unlawful and may be a criminal offence, as well as a civil wrong.
(b) In case of commissions, upon receipt of full payment for the order in accordance with these terms and conditions, the Photographers shall grant the Customer a license to reproduce the Material to the extent agreed in writing between the Photographer and the Customer. (The ‘extent’ refers to medium, time, geographical, and quantity extent agreed.)
(c) Any extension in the terms of any license issued to the Customer beyond the purposes and extents agreed shall be subject to negotiation between the Photographer and the Customer.
In asking the Photographer to copy or include in any images produced under the Order any existing Material, the Customer certifies and warrants that
(a) no copyright exists in the Material(s); or
(b) that he is the owner of the copyright in the Material(s) and that any reproduction by the Photographer will not infringe the rights of any existing licensee; or
(c) that he has valid authority of the copyright owner (or an existing licensee of the copyright owner) to authorise the reproduction of the Material(s) as required by the Order.
OWNERSHIP OF MATERIALS
All Materials on which the original photographic images are created by the Photographer shall remain the property of the Photographer, and the Photographer undertakes to file and store all such original Material safely and to make it available for future reproduction, so far as possible, for a period of 3 years. Where the Photographer gives possession of original Material to the Customer, such original Material shall remain the property of the Photographer, and shall be given to the Customer on a free loan for the duration of the copyright license. Photographic and digital prints will become and remain the property of the Customer. However, the Customer specifically acknowledges that ownership of any such prints, transparencies or digital files does not imply ownership of the copyright of the images in them (which remains the property of the Photographer) or any right to reproduce or authorise the reproduction of any such images by any photographic means.
PAYMENT
In case of commissions, the Price may be quoted by the Photographer on a per-
The Photographer reserves the right to make additional charges when completion of an Order necessitates overtime, for example where this has been caused by circumstances outside the control of the Photographer, including, but not limited to, bad weather delaying outdoor photographic sessions and delayed arrival of models.
(a) The Photographer will require payment in full at the time of placing an order.
(b) In the case of commissions, payment of the full commission fee shall be due within 15 days of the date of the invoice.
(c) In respect of any Order for additional Materials placed after the Order is carried out, the same conditions shall apply.
Any Customer’s account that remains outstanding 30 days after the due date for payment shall result in a loss of deposit and a final demand shall be issued.
The Photographer reserves the right to add interest to any account overdue beyond the permitted 30 days at the rate of 2.5% per month.
In the event of a cancellation of an Order by the Customer, in addition to any entitlement to claim damages for losses arising from such cancellation the Photographer shall, in any event, be entitled to retain the deposit paid and/or agreed.
The Photographer shall not be liable to the Customer for any failure, in whole or in part, to fulfil her obligations under an Order where failure arises as a result of an event or circumstances beyond her control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury.
LIABILITY
The Photographer will take all reasonable care in the handling of all property belonging to, or lawfully in the possession of, the Customer. The liability of the Photographer for loss of or damage to such property, howsoever caused, shall be limited to a maximum of £50 per Order. The Photographer shall not be liable for any consequential losses, special damages, or other indirect losses, howsoever arising.
It shall be the responsibility of the Customer to ensure adequate and appropriate insurance cover for any property left with the Photographer or at the Photographer’s studio for the purposes of the Order or in transit to and from the Photographer.
Unless otherwise specifically agreed by the Photographer in writing, any date or time specified for the completion of a Order, whether by the Customer or the Photographer, shall be an estimate only, and the Photographer shall not be liable for any loss to the Customer or to any third party resulting from any reasonable delay in completing the Order.
INHERENT QUALITY
Customers should be aware that colour dyes in photography may fade or discolour over a period of time due to inherent quality of dyes and insufficient care and preservation of Material.
The photographer will not be held responsible for damage of any Material that was dispatched undamaged.
The photographer will not be liable for degradation of Material due to poor handling and insufficient care.
No refund shall be given in the event that Material is damaged, lost, stolen or any other damage outside the control of the Photographer. The Photographer cannot be held responsible for images and photography sessions being disrupted by adverse or unfavourable weather conditions.
All re-
The Photographer cannot guarantee any specific image nor incorporate any specific background or arrangement.
Due to technical processing, The Photographer cannot guarantee exact colour matching.
All digital cosmetic enhancements shall require written authorisation and shall need authorisation before printing is undertaken.
The Photographer accepts no responsibility for the reliability of the post. The Photographer cannot be held responsible for loss or damage of mail, prints, albums frames and disks etc that are sent through the post. A courier service can be arranged on request, for which the Customer shall reimburse the charges incurred by the Photographer.
It is advisable that you make a copy of your booking form for your own benefit.