Terms & Conditions of Business
1. yourcommercialphotographer.com is a trading name of Headshot Marketing Ltd and all and any references to yourcommercialphotographer.com in these terms and conditions shall be in that context. Headshot Marketing Ltd is registered in England, number 4737144. Registered office; 19 Grove Avenue, Lymm, Cheshire WA13 0HF.
2. The acceptance of any booking as outlined in the Photography Agreement, once completed, is based on agreement by the client of Headshot Marketing Ltd’s standard terms and conditions as stated below and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
3. All photographic materials, including but not limited to digital negatives, digital and physical proofs, and previews, shall be the exclusive property of Headshot Marketing Ltd.
4. The price of the headshots package or commercial photography time is guaranteed at the time of booking. All additional image, additional time, additional edit and retouching, reprints, enlargements and extras not included in the package will be supplied at the price current at the time of ordering.
5. For general commercial photography and bespoke headshots bookings which are not part of a specified package an initial payment of 50% is required to be paid at the time of booking. The quoted balance together with any agreed extras must be paid for prior to the release of final images.
6. For headshots sessions which are part of a specified package advertised on our websites the full session fee is required to be settled at the time of booking. Any extra images, extra editing or extra retouching will be charged separately.
7. The client may cancel this contract at any time by giving written notice to Headshot Marketing Ltd but in doing so shall forfeit any monies paid. Should cancellation be received by Headshot Marketing Ltd less than SEVEN DAYS prior to the date of the booking, the client shall in addition pay a sum equal to 50% of the remaining contract value. This said sum shall be payable as compensation as an estimate of the loss Headshot Marketing Ltd would suffer.
8. Colour photography is undertaken within the technical limitations of the process and certain colours may not necessarily be facsimile over the whole range of colours within a subject. Prints made at different times may be variable in colour balance. Please note that some fabrics such as two-tone taffeta/satin react differently in some lighting conditions and can cause the colour of fabrics and other materials to change, giving incorrect colour beyond the photographer’s control – please discuss with the photographer if you are in any doubt, as Headshot Marketing Ltd cannot be held responsible for the natural colour deviation which may occur. All image sizes are nominal. The photographer/s will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres. It is sometimes impossible to record on film or digital sensor the exact colour as seen by the human eye.
9. The Client is aware that colour dyes and inks used in photography may fade or discolour over time due to the inherent qualities of dyes and inks, and the Client releases Headshot Marketing Ltd from any liability for any claims whatsoever based upon fading or discolouration due to such inherent qualities. Headshot Marketing Ltd however promises to use all reasonable endeavours to minimise the possibilities of fading or discolouration over time, including the use of proven, reliable techniques and high quality photographic materials.
10. Headshot Marketing Ltd shall exercise all reasonable skill, care and diligence in the discharge of their duties. It is understood, however, that in the event of any unforeseen exceptional circumstances outside the control of the photographer causing loss of photographic record, Headshot Marketing Ltd will only be responsible for the return of all monies paid to date, although every effort will be made to retake the photographs.
11 On occasions and without notice it may be necessary for the photographer originally specified to be substituted by another photographer, (e.g. due to ill health).
12 Retouching, digital manipulation and artist finishing is available to the client as an optional extra and may incur extra cost, and cannot be assumed to be included as standard.
13. It is understood that the copyright of all and any photographs belongs to Headshot Marketing Ltd. Any images or copies of images whether stored digitally or otherwise and any computer program including source or object code, computer files or printed documentation relating to such images are protected by Copyright, Design & Patents Act 1988. 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 permission of the photographer/s in writing. Any breaking of seals in the viewing of an album, or physical proofs, or taking screen captures or copying digital proofing galleries will presume a breach of copyright. No photographs may be copied or reproduced by any means photographic, digitally or otherwise without written permission. Headshot Marketing Ltd shall only make reproductions for the Client, or for Headshot Marketing Ltd’s portfolio, samples, self-promotions, company documents and website, blog, entry in photographic contests, art exhibitions, events, marketing or editorial use. Headshot Marketing Ltd shall not use the images for other purposes without first obtaining the written permission of the Client.
14. Digital images provided to the Client will be provided with a licence to reproduce granting unlimited use for the purposes of marketing their business, services or products, for internal communication and sharing with subsidiaries and associated companies. This licence to use shall be without time limit or restriction of geographical territory. This release does not include rights of sale. Where clients are supplied digital images on DVD, CD, memory stick, file transfer or other digital or online means the client is responsible for making backup copies and for keeping them safe and they are advised to keep at least one backup copy in a different location to the master copies. Whilst Headshot Marketing Ltd may keep digital files for a reasonable time after a project has been completed it reserves the right to dispose of files once a project has been completed and digital files have been supplied to the client. Headshot Marketing Ltd cannot guarantee to store digital files indefinitely.
15. Headshot Marketing Ltd may agree by prior arrangement to accept pre-payment in instalments PROVIDED it is understood that the money is non refundable in the event of a cancellation, although the amount paid can be used as credit against further photographic services offered by Headshot Marketing Ltd.
16. For events Headshot Marketing Ltd shall always endeavour to photograph any pre-agreed shoot list, however it is understood that it is not always possible to photograph every person or every detail at an event. Furthermore, due to the fluid nature of an event Headshot Marketing Ltd cannot be held responsible if it is not possible to photograph the shoot list in its entirety due to time constraints, unforeseen circumstances or the unwillingness of people to be photographed. The client understands and accepts that the photographic coverage will be as the photographer’s professional expertise determines and that no one photograph will be deemed more important than another. Special requests are not binding instruction, although every effort is made to comply with the client’s wishes. Any special requests not notified on the booking form must be made by the client to Headshot Marketing Ltd in writing. For portrait and all other types of photography, Headshot Marketing Ltd will always endeavour to photograph any pre-agreed shoot list, however it is understood that it is not always possible to photograph every person or every detail at a portrait session or event. Furthermore, due to the fluid nature of photography sessions Headshot Marketing Ltd cannot be held responsible if it is not possible to photograph the shoot list in its entirety due to time constraints or unforeseen circumstances. Headshot Marketing Ltd shall be granted complete artistic license including 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 final. Due to the vagaries of the weather and the unwillingness of the subjects it may not be possible to capture all the images requested.
17. In the unlikely event of photographic failure or cancellation of the 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 losses.
18. Any complaints should be raised by the client with the Headshot Marketing Ltd, in writing, within 28 days of first becoming aware of the matter to be complained of and in any event within 28 days of receipt of the images.
19. The Contract (including any non-contractual matters) is governed by the law of England and Wales