Terms and Conditions

 

  1. DEFINITIONS
  • For the purpose of this agreement “the Photographer” and “the Client” shall where the context so admits include their respective assignees, sub-licensees and successor in title. In cases where the Photographer’s Client is a direct Client (i.e. with no Agency or intermediary), all references in this agreement to both “the Photographer “ and “the Client” shall be interpreted as references to the Photographer’s Client.
  • For the purpose of this agreement “The Photographer” will mean the Author of the Photograph or Barbara Lorincz. And shall where the context so admits include their respective assignees, sub-licensees and successor in title.
  • “Photographs” and “Works” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints, digital files or any other type of physical or electronic material in existence now or yet to be developed.
  • All contracts verbal or written are only accepted on the basis that the Terms and Conditions of the Photographer are the only ones applicable.
  • Other Terms and Conditions proffered by the Client are specifically excluded unless agreed in writing beforehand by the Photographer.
  • Where time is of the essence the Photographer entirely at its own discretion may accept an instruction given orally, in this event the Photographer shall accept no liability for any error in executing the order.
  • Unless the Photographer is given prior written notice by the Client, the person placing or signing the order on behalf of the Client is deemed to be authorised to do so.
  • When a Client’s policy is not to rely on email confirmations, hard copy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law.

   2. COPYRIGHT

  • The Author retains the entire copyright in the Photographs and Works at all times, throughout the World and
  • Where reproduction of Works has taken place and settlement has not been made, the Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.
  1. CREATIVE LICENSE, COVERAGE AND REPRODUCTION
  • Photographs taken during the course of the event will be at the discretion of the photographer although every effort will be made to comply with the client’s requirements.
  • Special requests are not binding instruction, although every effort is made to comply with the client’s wishes. The Photographer will do their best to honour the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather and the availability and willingness of subjects.
  • For a booking involving a church ceremony or at certain venues, the photographer’s movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the ceremony may not be the photographer’s choice and the photographer cannot accept responsibility for any obstructed view should this be the case.
  • Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs.
  • Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.
  1. USE
  • The License to Use comes into effect from the date of payment of the relevant invoice(s).
  • No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission in writing.
  • Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation.
  • Where restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee to be mutually agreed.

Note: A written agreement must be reached with the Photographer before the Photographs may be used for other purposes. Where uses of an image are made which breach the licence to use further charges will be made.

  • Any reproduction rights granted are by way of licence only and no partial or other assignments of copyright shall be implied.
  • On the Client’s death or bankruptcy or (if the Client is a Company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver or an administration is appointed, any licence granted shall immediately cease.
  1. EXCLUSIVITY
  • Unless agreed to in writing on the License to Use and the Invoice no exclusivity is given or implied to The Photographer and/or The Client.
  • The Photographer retains the right in all cases to use or sell the Photographs.
  • Exclusivity will not be unreasonably withheld but only on written agreement with the Photographer before work commences.
  1. RESERVATION

Upon the Client’s signature, Photographer will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the Reservation Deposit of 50% is non-refundable, even if a date is changed or event cancelled for any reason, including, fire, strike, and extreme weather. The Reservation Deposit is to be paid at the time of signing the contract.

The Reservation Deposit is applied toward the contracted photography package. Client understands and agrees that the entire amount owed for reservation deposit described in the contract is due at the time of booking. Client agrees if the balance is not paid at this time, Photographer will not photograph the event described on the contract with no liability to Photographer and loss of Reservation Deposit by Client.

  1. PAYMENTS

The Client agrees that the Reservation Fee is due at the time of booking and the package pricing fee is due before digital negatives are delivered.

  1. PENALTY FEES & CHARGES

There is a £50 charge for payments returned by the bank for any reason. There will be a £50 late payment fee for any payments that are not postmarked or delivered to the Photographer by the required date.

  1. RIGHT OF WITHDRAWAL

The Photographer discovery of new information, changes, or other factors tending to circumvent its policies could result in its withdrawal. Non-cooperation; changes of locations, facilities or times available; missed appointments; bad or returned checks, or late payments are examples of contributing factors. Should the Photographer initiate the withdrawal, all fees and deposits will be returned, excepting fair market value for all services/products already provided. In case of withdrawal, £90 an hour is billed for all photography services already provided, and £20 an hour is billed for all other services, consultations, and all driving time, rounded up to the nearest half-hour. If the Photographer withdraws — the client will not be billed for any services in excess of their deposits (except if the deposit was in form of returned checks).

  1. EXPENSES

Where extra expenses or times are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise. The Client shall give approval to and be liable to such extra expenses or fees, in addition to the fees and expenses shown on the Estimate as having been agreed or estimated.

  1. EDITS

The photographer enhances photos via corrections to, exposure, white balance, contrast, lighting, and colour, as well and removal of baby acne, rashes, and accidental last minute scratches, bumps, etc. Barbara Lorincz Photography does not change any inherent qualities of a person, as it is considered a “cosmetic edit” and will be £20 per photo if it is requested by the client after seeing the edited proofs. Cosmetic edits include, but are not limited to: removing unwanted facial hair, adding hair to balding head, changing hair colour, changing the shape of nose, eyes, body, etc. It is requested the client take care of all cosmetic changes before the shoot if they do not wish to have grey hair, facial hair, etc in final photos. It is valid for any photo manipulation.

Once again, edits are solely made by Barbara Lorincz Photography, any edits by clients or family members to digital files will void contract and close gallery from future re-opening.

  1. LIMIT OF LIABILITY

In the unlikely event of severe medical, natural, or other emergencies it could be necessary to retain a different photographer. The Photographer will make every effort to secure a skilled replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability are limited to the return of all payments received for the Event Package. The Photographer takes the utmost care with respect to exposure, transportation, and processing photographs including using professional grade equipment and professional grade backup equipment. However, in the unlikely event those photographs have been lost, stolen, or destroyed for reasons within or beyond the Photographer’s control, the Photographer’s liability is limited to the return of all payments received for the event package. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of the total number of originals.

  1. PERFORMANCE

The performance of this contract on behalf of the Photographer shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and/or conditions beyond its control.

  1. NON-GUARANTEE

Although every possible care will be taken to produce photographs of all important and special moments during the Event, the Photographer cannot place an unconditional guarantee on the above. The Photographer will not be held responsible for any ruined photographs due to guests’ (or any other) flashes, or any other ruined photographs due to any other cause in or outside of the Photographer’s control.

  1. SEVERABILITY

If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.

  1. FACEBOOK SHARING AND OTHER SOCIAL MEDIA

It is understandable that the Client might want to post their new photographs on the Internet via Facebook, Twitter, Tumblr, Instagram, and/or any other social media outlets. This agreement will serve to allow posting low-resolution or high-resolution photos to social media sites, only in the case that Barbara Lorincz Photography is credited and that photos are NOT altered with editing or filters. Additionally, it is understood that the client will NOT remove, or have removed, watermarks from Internet images Barbara Lorincz Photography has uploaded to Facebook or her website, or from the low-resolution images offered for free to clients who have purchased prints. The Client and family members can purchase photographs that do not have a watermark.

You are permitted to click the “share” button on any photos posted to Barbara Lorincz Photography’s facebook page. Sharing can NOT be done via screenshots of photos on Facebook or the Proofing gallery.

  1. DELIVERY

The photographer will endeavour to deliver digital negative files as quickly as possible. However, this could take up to 4-6 weeks during busy periods.

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