In the following terms & conditions “the photographer” or “the videographer” shall mean Nicola Jarvill trading as Niki Jarvill Photographer & Videographer. “The client” shall be those persons purchasing the services. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer or the videographer in writing.
1. COPYRIGHT
The copyright Designs and Patents Acts assign the copyright of the images to the photographer and the copyright of the video to the videographer.
2. RIGHT TO CREDIT
The photographer/videographer asserts both their moral right to be identified as the author of their work and the right to a credit (where possible) is asserted in accordance with Sections 77 – 79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof. Please credit ‘Niki Jarvill: Photographer & Videographer’.
3. USE
i. Images/videos are to be used as agreed at the time of booking and at the time of agreeing the fee. No other use may be made of the images/videos without the photographer/videographer express permission.
ii. Manipulation of images/video or use of only a portion of image/video may only take place with the permission of the photographer/videographer.
4. DISPLAY
i. The client(s) hereby allow(s) the photographer/videographer to display any photograph/video and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums and prints etc.
5. CREATIVE LICENSE, COVERAGE AND REPRODUCTION
i. Photographs/Videos taken during the course of the booking will be at the discretion of the photographer/videographer although every effort will be made to comply with the clients requirements.
ii. Special requests are not binding instruction, although every effort is made to comply with the client’s wishes. The photographer/videographer will do their best to honour the requested photographs/video but do not undertake to guarantee any specific photo/video footage nor incorporate any specific background, location or group arrangements due to changes in weather and the availability and willingness of subjects.
iii. For some venues or locations, the area and lighting from which the photographer/videographer is able to cover may not be the photographer’s/videographer’s choice and the photographer/videographer cannot accept responsibility for any obstructed view or poor lighting should this be the case.
iv. Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs/video.
v. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer/videographer will not be responsible for photographs/video footage that are not produced due to technical failure.
vi. The photographer/videographer is not liable for the client “not liking” a photo/video due to the photographers/videographers style and/or composition. It is expected the client has viewed the photographer/videographers portfolio and has an understanding of their style prior to booking.
4. PAYMENT
i. A non-refundable booking fee will confirm your booking, as well as full acceptance of the terms and conditions as published on the photographer’s/videographer’s website. The booking fee will be deducted from the cost of the client’s chosen package when calculating the final balance due. Some packages are to be paid in full to confirm booking.
ii. Payment in full of the remaining balance will be due one month (weddings) before the booking unless prior agreements are made in writing.
iii. Additional goods ordered must be paid for in full at the time of ordering.
iv. Titles to all goods remains with the photographer/videographer until paid for in full by the client(s)
5. FORCE MAJEURE
i. In the very unlikely events of cancellation by the photographer/videographer or of total photographic/video failure, liability shall be limited to a full refund of any fees paid.
ii. The photographer/videographer will endeavour to put the client(s) in touch with another photographer/videographer in the event they are unable to attend on the arranged date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown etc.
6. DIGITAL FILES
i. All digital images/videos remain the property of the photographer. All digital photography/videography packages include a copy of the edited digital files to the client(s) for their own agreed use.
ii. Should the digital files be lost, damaged of destroyed for the reasons beyond control, the photographers/videographers liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods or services already received.
7. ON THE DAY
i. The photographer/videographer will be the sole professional photographer/videographer at the venue specified.
ii. For wedding bookings, the photographer/videographer will not take photos/videos during, for example a wedding breakfast and will use this time to take a break. A meal is not a requirement, however a meal is always greatly appreciated.
8. PERSONAL ACCIDENT
i. Any directions issued to clients, their guests or employees during a photo/video session are deemed to be at said persons own risk. The photographer/videographer cannot be held responsible for any personal accidents during a photo/video session.
9. CANCELLATION FEES
i. If the client(s) should have to cancel a booking, the following cancellation fees will become due immediately upon said cancellation:
Wedding
- Cancellation of a booking more than one month prior the wedding date will result in loss of the non refundable deposit.
- Cancellation with less than one month until the wedding date will result in loss of the full price for the complete photographic/video coverage booked.
Portrait/Product/Event
- Cancellation with less than one week until the booking will result in loss of the full price for the complete photographic/video coverage booked.
Aerial
- I monitor the weather forecast 5 days in advance of any aerial drone session. If the signs are not good I talk to the client 48 hours prior to the shoot.
- At this point I will reschedule to the next suitable date at no additional cost and the booking deposit is transferred to the new date. Weather is a known business risk in the UK, so we have to be as flexible as possible to ensure bookings can be rearranged.
- If the session cannot be re-scheduled due to factors out of our control (live events, weddings, client availability) I do not offer a refund of the initial deposit.
- If we both decide to stay with the original date and have bad weather such as rain or high winds, I will wait on site as long as possible in the hope of a break in the weather.
- If I arrive on site and am unable to shoot on the day I will charge in full, but offer clients a 25% discount off the price of a second shoot on a follow up date.
10. DELIVERY
i. The photographer/videographer will endeavour to deliver digital files as quickly as possible. However this could take up to 1 week during busy periods.
ii. Photographic prints or albums will be sent via Royal Mail as first class signed for. Once product is handed to the postal company the photographer is not responsible or liable for any delays or rearranging missed deliveries. All deliveries will require a signature.
11. PRICES & TERMS
The photographer / videographer reserves the right to amend prices and these terms without prior notice.
12. RUSH SERVICES
The photographer / videographer reserves the right to make an additional charge should the client request a rush service. This services is subject to availability and cannot be guaranteed.
