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It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
Section 1 – The Photoshoot
Booking and Payments
- By paying the photoshoot cost, you are accepting the terms and conditions laid out in this contract.
- The photoshoot payment secures the time and services of Diana Studio as the primary Photographer for the photoshoot and is non-refundable or transferable in the event of cancellation.
- The balance of fees due is to be paid as follows: Maximum of 7 days from the date of the photoshoot, paid in full. For last minute photoshoots, payment must be made on the date the client has made contact with Diana Studio.
- Payment for additional images and services to be made in advance/when requested.
- All payments must be via online transfer or website payment.
Cancellation
- The Client may cancel this contract at any time by giving written notice to Diana Studio but in doing so shall forfeit any monies so far paid unless within the 14 day cancellation or ‘cooling off’ period which commences on the date the booking has been accepted by Diana Studio.
- Cancellation within 1 week or less of the photoshoot date will result in 50% of the photoshoot cost remaining with/ being paid to Diana Studio.
- All cancellations must be made in writing.
- Photoshoots that are postponed to a later date will retain the fee, provided that Diana Studio can re-schedule for the new date and time.
- It is essential to inform Diana Studio as soon as possible of any changes of available times, or contact details etc in writing. Any alterations made to the booking by the Client once details have been confirmed may only be made at the discretion of Diana Studio. If unable to accommodate alternative arrangements (such as the change of date or location) Diana Studio is not liable to compensate the Client(s) in any way whatsoever.
Additional Costs
- Mileage per mile for all miles travelled to and from the photoshoot outside a 15 mile radius of PO13 8EE is charged at 45p per mile from this address. If this is to be charged, it will be included in the quotation.
- Additional hours over and above the agreed contracted hours are charged at £60 per hour or part hour inclusive. If your photoshoot runs over the agreed time, and it is not the direct fault of the Photographer, you agree to this additional amount being invoiced and payment made. This will be brought to your attention during the shoot, so you can make a decision whether to proceed with the photoshoot passed its allocated time.
Force Majeure or Act of God
- The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control. This includes weather conditions and travel delays including but not limited to flights, trains and road closures
Attendance
- In the unlikely event of Diana Studio not being able to attend your photoshoot due to unforeseen circumstances, including lockdown measures/restrictions, we reserve the right to appoint another professional photographer to attend your photoshoot on their behalf to undertake the photography to his/her best ability, or to postpone the photoshoot to a future date.
Conduct & Safety
- Diana Studio is not responsible for the behaviour of your children during the photoshoot, although the photographer will try their best to gain their attention and try to relax them. If images of your children cannot be captured due to their behaviour, the photoshoot will be rescheduled and a small fee may apply.
- The Diana Studio Team/Photographer(s) will not tolerate verbal or physically abusive behaviour under any circumstances.
- The Photographer(s) will not share their time or compete with other photographers or members of the public for the attention of the subjects. Uncontrolled conduct by any person that interferes with the Photographer(s) may seriously affect the quality of images recorded or increase the number of times they must be retaken.
- If the Client is unable to control the conduct of attendees, resulting in what the Photographer(s) feel(s) to be an unacceptable degree of misconduct, or if any such conduct injures or damages the equipment of the Photographer(s), it will result in the immediate departure of the Photographer(s).
- The Client understands in such an event, no refund will be granted and claims for damage or injury from the Diana Studio Team are likely to be the result.
Section 2 – Copyright and Image reproduction
Display
- Diana Studio may display and use photographs included in this contract for promotional purposes online at (dianastudio.co.uk ), on social networking sites for Diana Studio including but not limited to Facebook and Instagram, within portfolios, literature, display areas, exhibitions, competitions, advertising, and slide shows. If you do not wish this to be the case, please let Diana Studio know prior to the photoshoot.
Images and Image Reproduction
- All image sizes are nominal and supplied in a jpeg and/or png format. The Diana Studio team 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 digitally the exact colour as seen by the human eye. A good balance of colour and black and white images will be provided unless the Client expresses in writing a preference for a different balance. Diana Studio’s decision over all editing decisions is final. When processing images, the Photographer will endeavour to achieve a pleasing overall colour balance based on natural flesh tones. It is understood that some colours may not remain consistent throughout a set of photographs owing to variations in lighting conditions. This also applies to glare created by spectacles in certain lights and therefore it is at the risk of the wearer. It is also understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not be identical over the whole range within a subject.
- The colour balance of prints made at different times or in varying sizes may also be variable.
- Due to the limitations of computer monitors it is understood that images may appear differently according to the specification of each monitor and that prints will not match images rendered on any particular computer monitor.
- Images are not processed for wide screen televisions or monitors.
Copyright/Digital Files
- 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.
- The 1988 Copyright Act assigns the copyright of the images to the photographer. It is contrary to the Act, and therefore illegal, to copy these images, or allow them to be copied, by any means photographic, by computer, internet or otherwise, by any person or machine other than by the Photographer or his/her appointed agents.
- Diana Studio 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.
- If the family photography package you choose with Diana Studio provides you with the right to reproduce for personal use, the relevant paperwork will be supplied to enable you to print out your images as required. Note: many photographic stores will require this before releasing your photographs.
- All digital files remain the property of Diana Studio.
Re-Orders and Product Orders
- All re-orders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing.
- Product orders including, but not limited to, photographic prints, albums, wall art, etc are payable in advance and are non-refundable under any circumstance
Artistic License
- Diana Studio shall be granted artistic license in relation to the poses photographed and the locations used.
- Diana Studio Team’s judgment regarding the locations/poses/colouration and number of images taken shall be deemed correct. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested.
- For bookings involving a venue; photographers´ movements are sometimes restricted by the official in charge;photographing of parts or even all of the photoshoot may be restricted or prohibited, as may the use of artificial lighting. Diana Studio cannot accept responsibility for limited coverage in such cases.
- Whilst Diana Studio shall endeavour to fulfil all the Client’s requirements, Diana Studio 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.
Requested Photographs/Blinking
- Diana Studio cannot be held responsible for lack of coverage caused by any member of the family not being on time, or by venue imposing photography restrictions.
- Should the Photographer notice that a member of the family has been seen to blink, the photograph will be taken again but it is impossible to guarantee to see all of them.
- We strive to honour all photographs requested and agreed in advance. We will ask you for your list of essential photographs and will not deviate from this list unless asked otherwise on the day. We cannot be held responsible for missed photographs due to weather disturbances although all effort will be taken to provide the agreed coverage.
Limitation of Liability
- 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 indirect or consequential loss.
Complaints
- In the unlikely event of a complaint, this should first be raised by the Client with Diana Studio in writing within 10 days from the date of receipt of images.
- In the unlikely event of an unresolved complaint the Client may request the Guild of Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties. https://photoguild.co.uk/
The contractual relationship between Diana Studio and the Client shall be governed by the laws of England and Wales.