1. Clients can choose from one of the following two services (“Services”):
1.1. One 30-minute photographic shoot (“Shoot”) involving one named child with 10 fully edited digital images, provided on the following basis:
1.1.1. The Client will suggest an outdoor location and the Photographer will make background checks to see if there are any restrictions that might prohibit photographs being taken.
1.1.2. The Photographer and the Client will agree on a mutual time and date. In the case of inclement weather, the Photographer will contact the client no later than two hours before the time of the Shoot to discuss whether this needs to be rearranged.
1.1.3. The Client must accompany their child at all times during the Shoot and take ultimate responsibility for their safety and wellbeing.
1.1.4. The 10 digital images provided from the Shoot will be the Photographer’s decision and that decision will be final.
1.1.5. The 10 digital images will be uploaded to a private and password protected gallery (“Gallery”) on the Photographer’s website and a link to that Gallery will be emailed to the Client within seven days of the Shoot, unless previously agreed in writing.
1.1.6. The Client has 14 days to download each image from the Gallery, after which period the Photographer will remove the Gallery from the website.
1.1.7. In the eventuality that the Photographer considers no photographs are fit for purpose or a technical malfunction results in no images being available from a Shoot, the Client will be offered a further Shoot at a mutually suitable time to the Client and Photographer, without further charge.
1.2. One 60-minute photographic Shoot involving two named children, with both Clients receiving 10 full edited digital images, provided on the following basis:
1.2.1. The Photographer will liaise with one of the two Clients. That Client will become the “Lead Client” responsible for arranging location and time of the Shoot with the Photographer as in clauses 1.1.1 and 1.1.2 above.
1.2.2. The children must be accompanied at all times by at least the Lead Client during the Shoot and take ultimate responsibility for their safety and wellbeing.
1.2.3. The 10 digital images provided from the Shoot will be the Photographer’s decision and that decision will be final. The Photographer will liaise with the Clients to determine whether or not the final 10 should include images of the two children playing together.
1.2.4. The 10 digital images will be uploaded to a private and password protected gallery (“Gallery”) on the Photographer’s website and a link to that Gallery will be emailed to the Clients within 10 days of the Shoot, unless previously agreed in writing.
1.2.5. The Clients have 14 days to download each image from the Gallery, after which period the Photographer will remove the Gallery from the website.
1.2.6. In the eventuality that the Photographer considers no photographs are fit for purpose or a technical malfunction results in no images being available from a Shoot, the Clients will be offered a further Shoot at a mutually suitable time to the Clients and Photographer, without further charge.
2. Clients also have the option of purchasing additional products (“Extras”) including, but not limited to, photographic prints, canvases, collage posters, photographic gifts, on the following basis:
2.1. The Photographer will provide a price list of Extras currently available at the same time as emailing the Gallery link.
2.2. Clients who wish to purchase Extras will be asked to make that request by return of email.
2.3. The Photographer will provide separate advice on timescales for printing and how the Extras are to be delivered.
2.4. The Photographer reserves the right to choose the third-party supplier for these Extras and will be responsible for ordering any products that fall under this category.
Term of Agreement
3. The term of this agreement (“Term”) shall begin on the date of this Agreement and will remain in full force until the completion of the Services as defined in Clause 1 above.
4. Payment for the chosen Services must be made in full before the link to the Gallery is emailed to the Client.
4.1. The cost of the Service set out in Clause 1.1 above is £30.
4.2. The cost of the Service set out in Clause 1.2 above is £50, with the Lead Client taking responsible for payment.
4.3. Payment for Extras under Clause 2 above must be made before an order is placed with a third-party supplier.
4.4. Payment can be made in cash, bank transfer or PayPal. Details will be provided by the Photographer to the Client at the time of booking.
Intellectual Property Rights
5. All intellectual property and related material (“IPR”) that is developed or produced under this Agreement will be the property of the Photographer. The Client is granted a non-exclusive limited-use license of this IPR.
6. Title, intellectual property rights and distribution rights of the IPR remain exclusively with the Photographer.
7. In providing the Services under this Agreement it is expressly agreed that the Photographer is acting as an independent contractor and not as an employee. The Photographer and the Client acknowledge that this Agreement does not create a partnership or joint venture between them and is exclusively a contract for services.
8. Except to the extend paid in settlement from any applicable insurance polices, and to the extend permitted by applicable law, each party agrees to indemnify and hold harmless the other party and its respective affiliated officers, agents, employees and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliated officers, agents, employees and permitted successors and assigns that occur in connection with this Agreement. This indemnification will survive the termination of this Agreement.
9. The Photographer’s liability shall be limited to the total cost of the Shoot and the Photographer shall not be liable for other direct or indirect costs or losses of the Client.
Modification of Agreement
10. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if both Parties agree to such amendment or modification.
11. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
12. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
13. This Agreement will be governed by and construed in accordance with the laws of England.