Terms &

conditions

 

By paying the booking deposit or signing the electronic contract, you confirm that you have understood and agreed to the contents of the Terms and Conditions. These terms may vary with each photography assignment.

 

Definitions

  • “Agreement” is by and between Emily Graham Photography (“the Photographer”) and You (“the Client”).

  • “Client” includes client’s principals, employees, affiliates, and representatives.

  • Client has the legal authority to enter into the Agreement on behalf of its employer, company, or organisation. Photographer’s relationship with Client is that of an independent contractor.

  • “Images” means all visual representations delivered to Client by Photographer, whether captured, delivered, or stored, in photographic, magnetic, optical, electronic, digital, analogue, or any other, media.

  • “Publication” means any media outlets such as newspaper, magazines, websites, books and the like.

  • “Licence” means the right to use the image as specified at the time of Work Request.

 

Booking and Payment

Prompt receipt of full payment is a key tenet of the Agreement. No rights are granted until the Photographer has received payment in full. The booking fee secures the time and services of the Photographer for the session and is non-refundable or transferable in the event of cancellation unless agreed. Shoots that are postponed to a later date will retain the fee only in the event that the Photographer is available to attend the new date and time*. Images are not included in the session fee unless stated otherwise. A link to a viewing gallery where Images and products can be purchased will be sent to the client up to 14 days after the photography session.

*Booking dates for Mini sessions and Promotions are not able to be changed.

 

Display 

The Photographer has the right to use and publish Images taken at your photography session for display or marketing purposes. This could include but is not exclusively restricted to: social media, marketing literature, website, editorial use, portfolio or galleries on this website. This is for the sole purpose of promoting this photography service so that prospective clients can see the style of Images created. If you would prefer your child's Images not to be displayed in this way please let the Photographer know in writing when you book your photography session.

 

Crediting the Photographers work

Published Images should identify the Photographer through a copyright notice, a hyperlink to www.emilygrahamphotography.co.uk or by using the words ‘Images by Emily Graham Photography’. Any exception to this should be requested and discussed on booking.

 

Publication and Copyright 

The Client acknowledges that the Photographer is the author of the Images and also the first and sole owner of all copyrights of the Images. All Images and copyrights remain the exclusive property of the Photographer without limitation. All Publication rights to the Images should be specifically requested by the Client in a written form (e.g. email) and sent to the Photographer.

The Client understands and agrees that it is not buying the Images but is paying only for a licence to use the Images as specified at the time of the booking. The term of licence begins from the date the Photographer receives full payment of invoice.

 

Artistic Licence 

The Photographer is granted artistic licence in relation to the poses photographed and the locations used.  The Photographer’s judgement regarding the locations/poses and number of Images taken shall be deemed correct. The Photographer reserves the right to withhold any Image they deem insufficient quality.

 

Force majeure or Act of God 

The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.

 

Attendance

In the unlikely event of the Photographer being unable to attend your photo shoot due to unforeseen circumstances, we reserve the right to appoint another photographer to attend your shoot. 

 

Limitation of Liability 

In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss. 

 

Archiving

While the Photographer may choose to archive the Images, it is the Client’s responsibility to properly store and archive the Images, the Photographer cannot guarantee the availability of any Images beyond the date of first delivery to the Client.

 

Reorders and Retouching

All reorders and additional edits after final payment shall be treated as an extension of this contract. 

Promotional T&C