Photography services are covered by the following terms of business:
The Photographer means Kirsty Hall, trading as Kirsty Hall Photography, part of the registered business KammoKreative.
Material means all photographs, prints, images, digital files, montages, 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.
Reproduction includes any form of publication or copying of the whole or part of any photographic Material and whether or not altered by printing, slide projection (whether or not to an audience), layout or presentation, electronic or mechanical Reproduction or storage by any other means.
The Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party).
Booking Contract is an agreement completed by the Client by which the Client instructs the Photographer to create Material.
Price means the price as set out on a Booking Contract.
Booking Fee means the amount taken prior to a session in order to secure a Work Contract. It covers the time made by The Photographer to carry out the session.
Products refer to any display item sold to The Client by The Photographer.
COPYRIGHT
The Photographer and The Client agree that unless otherwise stated in this document, The Photographer owns any and all copyright of the Material. When signing a Booking Contract with The Photographer, The Client will automatically agree to allow The Photographer to use any of the Material for publicity or advertising purposes. This includes The Photographer's website and social media.
REPRODUCTION RIGHTS
The Client agrees to not reproduce, copy or sell any Material taken by The Photographer, without The Photographer’s written permission. The Photographer reserves the right to refuse to supply reproduction rights to a third party when requested to do so by the Client.
FORCE MAJEURE
The Photographer agrees that every effort will be made to provide high quality photographic services. The due performance of these terms and Booking Contract is subject to alteration or cancellation by either party owing to any cause beyond their control. If, in extreme circumstances such as illness, or other factors totally outwith The Photographer’s control occur, The Photographer reserves the right to postpone or cancel the Booking Contract. In the unlikely event of the latter, the liability will be limited to a full refund of all monies paid.
PRICING
The Photographer is not VAT registered, thus does not charge VAT on Products or services. Prices and Product specifications are subject to change without notice. Additional charges will be incurred if extra equipment needs to be hired to complete the job or if studio rental is required. Travelling expenses will need to be covered where the photography location is at a distance of further than 25 miles outside The Photographer's base and will be charged at 0.50 pence per mile. No additional travelling expenses will be charged unless these are agreed in advance.
BOOKINGS & PAYMENT
The Photographer shall be entitled to require a non refundable Booking Fee and signed Booking Contract prior to the creation of any Material. Material must be paid for in full by The Client before release of said Material.
CANCELLATION & REFUND POLICY
In the highly unlikely event of cancellation by The Photographer, or unavoidable total photographic failure, The Photographer's liability shall be limited to a full refund of any Booking Fees and fees paid to The Photographer up to that point. The Photographer will not be responsible for any further costs.
SHIPPING AND FULFILLMENT
The Photographer uses the services of a third party lab to produce Products. Each product has a suggested turnaround time, however, this is an indication only and not a guarantee of how long a product order may be in the lab. Material produced by the Photographer will be printed to the highest quality however The Client must be aware that Material viewed on an electrical device will display colours differently to the finished Product therefore there will be a degree of variation in this respect.
DIGITAL IMAGES
Where necessary, Material shall be made available for The Client to view in a private online gallery accessed via an emailed link. Once payment has been received, The Photographer will release the Material to The Client. The Client shall be solely responsible for keeping this Material safe. Requesting Material again will incur an additional charge.
PRODUCTS
In the unlikely event of a product ordered by The Client being discontinued The Photographer will be responsible for replacing the Product with a close representation. Should The Client not be completely satisfied with their Product order, The Client should contact The Photographer who will be happy to try and resolve any issues. Any refund will be at The Photographer's discretion.
CREATIVE LICENSE
Material is edited at The Photographer's discretion and delivered Material may not include all photographs shot on the day. The Photographer reserves the creative right to edit and release only those deemed credible as professional in quality and within The Photographer's artistic standards.
GENERAL
The Client shall assist and co-operate with The Photographer in obtaining the desired Material, including but not limited to specifying persons and/or scenes to be photographed; taking time to pose for photographs at The Photographer’s direction; providing a person to guide the Photographer to desired persons; pre-shoot consultations, etc. The Photographer shall not be responsible for Material not taken as a result of the Client’s failure to provide reasonable assistance or co-operation.
Variation to Terms and Conditions
These terms and conditions may be amended from time to time.
