TERMS & CONDITIONS

In the following Terms and Conditions:

“Business” shall mean Everlong Photography
“Client(s)” shall mean “You” the Parties to the Contract
“Type of Photoshoot” shall mean the title inserted into the Contract “Photographer(s)” shall mean Everlong Photography

“Products” shall mean any prints, albums or other items listed in the Contract

“Services” shall mean photography to be carried out at the Photoshoot and any other Services agreed between the Client(s) and the Photographer and set out in the Contract.

It is agreed that the following terms and the Contract set out the entire agreement made between the parties, and that no variation or modification of the contract shall be effective unless agreed by both parties in writing. Each party acknowledges that, in entering into the contract, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in the Contract and these Terms & Conditions.

BOOKING FEE

Where a booking fee has been received The Parties acknowledge that the Booking Fee is non- refundable in the event of cancellation by the Client.

PAYMENTS

Payment must be made within 7 days of receipt of the Invoice. The payment should be in full unless previously agreed in writing with Everlong Photography.

Failure to make payment by the date stipulated on the invoice will incur further charges at a rate stipulated on the invoice.

Payment can be made via Bank Transfer (BACS) or in cash to The Photographer.

Payment for any additional products requested after the photoshoot and conclusion of the contract may be made by arrangement with The Photographer.

Where payment is to be made by a third party, the Parties acknowledge that they shall remain responsible for any balance outstanding in respect of the Contract.

LICENSE AND COVERAGE

The Photographer shall be granted artistic license in relation to the poses photographed and the locations used. For on-location photoshoots, poses and locations may be limited by venue and or weather. Although every effort will be made to comply with the Clients’ requirements, the Photographer’s judgement regarding the location, poses and number of photographs taken shall be deemed correct and not subject to dispute.

Whilst the Photographer shall endeavour to fulfil the Clients’ requirements, the Photographer cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings, preventing the coverage of certain specified shots.

Any alterations made to this Contract by the Clients once details have been confirmed may only be made at the discretion of the Photographer and should be agreed in writing. Where the Photographer is unable to accommodate alternative arrangements (such as change of date and or venue) the Photographer is not liable to compensate the Client(s) in any way whatsoever.

USE AND DISPLAY OF IMAGES

The Clients hereby allow the Photographer to display any images relating to the Contract and to generally promote the Business in the Photographer’s portfolio and by means of advertising, publicity material, posting on social media, websites, exhibitions, competitions, magazine articles, and other such media, providing that the images are used lawfully and without damage to the Client(s). By signing this contract you consent to the use of such images. The Photographer agrees not to resell any image to a third party other than with prior written consent.

IMAGE AND REPRODUCTION

All print and presentation sizes quoted are approximate and subject to change at the discretion of the Photographer and may be subject to slight variation. Whilst every effort will be made, the Photographer cannot guarantee exact colour matching and is not held responsible for any colour variations which may occur due to light and location variations.

Due to limitations of computer monitors and variations of computer operating systems, it is understood that images viewed via this method may appear differently according to the specification of each monitor/computer and that prints may not match images rendered on any particular computer monitor.

It is the responsibility of the client to view, download and correctly store digital images received via download link within a reasonable time. Where the client has selected to receive images on a USB, it is the responsibility of the client to ensure compatibility of USB to the viewing media of choice such as: computer, laptop or TV screen and to ensure that access to images is not impeded. This must be done in a reasonable time. The Photographer cannot be held responsible for damage to equipment resulting from defective media.

RE-ORDERS

All reorders for products shall be treated as an extension of the Contract and no responsibility for any error will be accepted by The Photographer unless orders are provided in writing.

PRODUCTS

In the event a product (such as an album) is no longer available a suitable alternative of similar quality will be offered. The photographer’s choice of an alternative will be deemed as correct and acceptable to the Client(s). Any surcharge resulting from the order of a new product following rejection of a replacement will be the responsibility of the Client(s).

OWNERSHIP

Any negatives and/or digital files shall remain the sole property of the Photographer at all times.

All completed albums and products shall remain the property of the Photographer until full payment is received.

COPYRIGHT

Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988 and remain the copyright of The

Photographer at all times unless there is express written agreement to the contrary. It is contrary to the Act to copy or allow to be copied photographically, electronically or by any other means an image created as part of this contract without the written permission of the Photographer.

SUBSTITUTION

In the unlikely event that the assigned Photographer is unable to attend your Event or photoshoot due to unforeseen circumstances, Everlong Photography reserves the right to appoint another suitable Photographer(s) to attend the Event or photoshoot on our behalf to undertake the photography to his/her best ability.

INSURANCE & LIMITATION OF LIABILITY

The Photographer will maintain Public Liability and Professional Indemnity insurance at all times. However, 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 any indirect or consequential loss.

FORCE MAJEURE

The due performance of this contract is subject to alteration or cancellation due to a Force Majeure Event. A Force Majeure Event means an event beyond the control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war or armed hostilities or other national

or international calamity or one or more acts of terrorism or failure of energy sources. For the avoidance of doubt, it does not include circumstances where the Photographer attend an Event to perform the Services and any of the Parties fail to attend.

CANCELLATION

Where the Photographer has to cancel the photoshoot or booking, due to circumstances beyond his/her control the full amount of the Booking Fee (where paid) and any further payments received will be returned to the Client(s).

Where it is possible a re-shoot may be arranged (if practicable) however, the Photographer will not be responsible or liable for any additional costs incurred by the Client(s).

Should the Client wish to cancel this contract and photoshoot at any time, Notice of Cancellation must be given in writing to the Photographer. In such circumstances, the Client will be liable to pay the Photographer(s) the following sums:

Less than 24 hours notice: 100% of the agreed fee is payable
More than 24 hours but less than 48 hours notice: 50% of the agreed fee is payable More than 48 hours notice: 10% of the agreed fee is payable

Where a photoshoot is postponed until a later date, the terms and conditions of the original contract will be invalidated and a new contract with new dates will be commenced, as confirmed in writing by the Photographer and the Client(s). Any fees already paid by the Clients will be transferred to the new contract, providing the date for the re-arranged event is no greater than 6 months from the original date. If the re-arranged date is greater than 6 months but less than 1 year from the original date and the Photographer can accommodate the event, a 50% allowance of the amount due will be transferred to the new date.

HEALTH AND SAFETY

Where a photoshoot is to take place in studio, the health and safety regulations of the studio (Launch It Dundee studio premises) must be adhered to at all times. Appropriate risk assessment will be carried out by The Photographer prior to all photoshoots (both in studio and on-location.)

VAT

All prices quoted are subject to V.A.T at the prevailing rate (if applicable).

COMPLAINTS

All complaints should be raised by the Client directly to the Photographer in writing within 14 days of the occurrence which gives rise to the complaint. The Photographer will consider the complaint and shall provide a response to the Client within 14 days of receipt of the Complaint. In the unlikely event of an unresolved complaint the Client may request The Societies Of Photographers (Society Of School and Event Photography) to mediate but only on the basis that its decision shall be final and binding upon both parties.

NOTICES

Any Notice relating to this contract should be in writing and sent by recorded delivery to the address stated in the Contract.

GOVERNING LAW AND JURISDICTION

The parties irrevocably agree any dispute arising out of this contract shall be governed and construed in accordance with Scottish Law and that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim.