Terms & Conditions
1. Definitions
The
following words or expressions shall have the meanings stated:
- Photographer: Alistair Lamb Photography
(hereinafter "ALP")
- Customer: person identified as the customer on
a booking form
- Lifestyle
Photography: photographic
projects that are booked and paid for by a consumer
- Commercial
Photography:
photographic projects that are booked and paid for by an organisation or
business
- Material: all photographs, prints,
transparencies, negatives, images, digital scans or files, or any other
photographic product or other product containing or comprising
reproduction of any form of photographic materials, including but not
limited to calendars and albums, created by or at the direction of the
Photographer
- Order: request or commission by the Customer
for creation of Material by the Photographer satisfying all of the
requirements set out below
- Price: price for an Order
2. Any work of any description undertaken by the
Photographer pursuant to an Order shall be subject to these terms and
conditions.
3. All photography services performed or undertaken by
the Photographer or its agent are subject to the general provisions at Clause 6
below.
4. All Lifestyle Photography services shall be subject
to the following additional provisions:
4.1. Advance payment by the Customer of a non-refundable
photo session fee (to be advised by the Photographer)
4.2. The Photographer will use all reasonable efforts to
present Material to the Customer within 14 days of the photo session unless
otherwise agreed.
4.3. Payment is required in full at the time of making an
Order for any Material
4.4. In the event of cancellation by the Customer, the
Photographer reserves the right to withhold all or any part of any payment made
by the Customer as damages for any losses arising from such cancellation.
4.5. Delivery times will vary with the size and nature of
the Order and Materials requested and will be notified to the Customer at or
shortly after the time of Order.
5. All Commercial Photography services shall be subject
to the following additional provisions
5.1. Payment of a deposit on account of the Price in such
sum as shall be agreed between the Photographer and the Customer prior to the
taking of any steps by the Photographer to create any Material
5.2. In the event of cancellation by the Customer, in
addition to any entitlement to claim for losses arising from such cancellation,
the Photographer reserves the right to retain the deposit paid or agreed.
5.3. All Orders shall
(a) be submitted prior to the taking of any steps by the
Photographer to create any material (and the photographer shall not be obliged
to take any preparatory steps of any nature prior to receiving an Order in
writing compliant with these terms)
(b) be contained in a Purchase Order where the Customer
operates a PO system, on the Customer's headed
notepaper or in an email sent from the Customer's business email address.
The Customer represents that it has authority to agree and submit Orders.
(c) contain a project brief to be agreed by the Customer
and the Photographer which shall comprise the following among other details and
specifics
·
Company
name
·
Name
of commissioning person
·
Contact
telephone and email
·
Name
or description of the subject(s)
·
Location
of the photo shoot
·
End
use of the photographs (e.g. web, print, advertisement etc.)
·
Desired
style - formal, quirky, funky, humorous, serious etc.
·
Nature
of output Material (JPEG, TIFF, print etc.), and desired delivery time frames
·
Any
other pertinent information
5.4. Payment is due within 30 days of the photo shoot or
session unless otherwise agreed by the Photographer.
6. All photographic services are subject to the following
general terms
6.1. Copyright is retained worldwide by the Photographer
at all times and nothing shall be deemed as a release or waiver of the
Photographer's rights in the Material.
6.2. The Photographer retains the right to sub-contract
any part of its services.
6.3. Cancellation by the Customer will entitle the
Photographer to exercise the payment withholding rights stipulated above
together with any other rights to claim for damages available at law.
6.4. In no event shall the Customer be entitled to reject
any Materials on the basis of style or composition or otherwise
6.5. The law applicable to these terms and conditions and
all services rendered by the Photographer is English law
6.6. The Order together with all of these Terms comprises
the entire agreement between the Photographer and the Customer and no
variations shall be effective unless in writing and agreed by the Photographer.