Terms & Conditions
Lisa Roberts Photography Terms & Conditions 2018
Definitions
1. Client/s:
The person/person’s requiring the services of Lisa Roberts Photography. For the purpose of this agreement ‘the Client’ shall also include their respective assignees, sub-licensees and successors in title.
2. Photographer:
For the purpose of this agreement ‘The Photographer’ means Lisa Roberts Photography or Lisa Roberts. In certain circumstances this may also mean a third person chosen by her as either a second photographer or a replacement photographer if previously discussed with the Client.
3. We
For the purpose of this agreement where the context so admits, ‘We’ includes Lisa Roberts Photography and any third parties assigned by the Photographer to carry out any Photo Services.
4. You
For the purpose of this agreement where the context so admits, ‘You’ refers to the Client/s.
5. Subject
The Client or any other individual accompanying the Client (including pets) to be photographed by Lisa Roberts.
6. Photo Services
Any type of Photography work including digital manipulation carried out by the Photographer.
7. Location Photography
Any photography work carried out anywhere other than at Lisa Roberts Photography Studio.
8. Photo Session
Any studio or location time booked for the purpose of having photographs taken by Lisa Roberts Photography.
9. Image/s:
All photographic material produced by the Photographer, including physical prints/photographs or any other type of digital material (which may be offered for the purpose of reproduction) taken by the Photographer.
10. Use of Images
Lisa Roberts Photography retains the right in all cases to use any images for the purposes of social media and website portfolios. If, however, with a fair reason, the Client specifically requests otherwise, the photographer will honour this request. For any other type of advertising or publication usage, Lisa Roberts Photography will always ask for written permission from the client.
11. Copyright:
The entire copyright in the Photographs is retained by the Photographer at all times throughout the world. The Photographer asserts the right to be credited as the author of the Images in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988. Any unauthorised reproduction of any Photos will constitute a breach of copyright. The Client may not alter, add to or manipulate an image by any means without the written permission of Lisa Roberts.
12. License to 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 assignment 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.
13. Exclusivity
Unless agreed to in writing on the License to Use and the Invoice no exclusivity is given or implied to The Agency 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.
14. Photo Sessions
Although reasonable creative suggestions by the Client will be considered whenever possible, the Photographer will decide using use her personal judgement on the style and flow of the session. This includes but is not limited to poses, props used, lighting arrangements and the number of images taken. Depending on the willingness of some subjects, it may not be possible to capture all of the images to the Client’s full expectations. In the event of a subject completely refusing to co-operate at any type of Photo Session, the Photographer may be unable to capture any images. In this case, any deposit paid will not be refunded although another session can be re-arranged if and when possible. The Client is responsible for any accompanying children or pets at all times at all sessions.
15. Deposits
For most photoshoots (with the exception of Passports & Visas) a deposit will be required on booking. The amount will vary on the nature of the Photo Session booked and at the discretion of Lisa Roberts. For studio sessions, this will be a minimum of £30.
To secure a date for Lisa Roberts Wedding Photography, a non-returnable deposit of £100 is required with half of the balance paid up to 12 weeks & the final payment up to 6 weeks prior to the wedding date.
16. Payment Terms
These differ depending on the type of assignment and are at the discretion of the Photographer but for most personal photoshoots, the total amount must be paid up front although the exact terms will be confirmed on booking.
In the case of corporate photography (or business to business); payment must be made within a week of the delivery of the images.
17. Reprints
All reprints or enlargements ordered by you will be presented in lustre (a professional matt finish) unless otherwise stated by you at time of ordering. Size of reprint or enlargement must also be stated at time of ordering. All orders must be paid in full either by cash or cheque before they are dispatched.
18. Passports & Visas
Due to the strict conditions required of photographs presented to most Passport Offices & Embassies, I follow the specification requirements as closely as possible to make sure that they are never rejected. However - in the unlikely event of this happening; although I will offer an immediate re-shoot free of charge, I will not be held responsible for any charges incurred due to the rejection of a client's passport or visa application for whatever reason. If you are not happy with this, please use an alternative.
19. Vouchers
Any vouchers purchased must be redeemed within 12 months of the purchase date and must be presented to The Photographer on the day of the Photo Session.
20. Cancellation
If a cancellation occurs within 90 days of the date of the wedding, payment will be expected in full to cover costs actually incurred by the Photographer in preparation of the Photo Services and loss of other prospective weddings. If the wedding is cancelled before this time, the deposit will be retained but any other payments towards the total will be refunded in full. If the client cancels any other type of photoshoot without rebooking, any deposit paid will be lost.
21. Change of Date
If you need to change the date of any Photo Services booked, any new date will be subject to the Photographer's availability. Lisa Roberts Photography will use reasonable endeavours to arrange an alternative date for the Photos Services. If the Photographer & Client can agree a revised date you will be asked to confirm this in writing. In the event that both the Photographer and the Client cannot agree on another date, the deposit and any other monies paid as part of a multi session will not be returned.
22. The use of Clients’ own photographic recording devices
Cameras, camcorders, mobile phone cameras and any other photographic recording devices are NOT to be used during any photography session, either in the studio or on location without express permission from Lisa Roberts (with the exception of the Clients’ own wedding day).
23. 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.
24. Indemnity
While the photographer takes all reasonable care in the performance of this agreement generally, Lisa Roberts Photography shall not be liable for any loss or damage suffered by the Client or by any third party arising from the use or reproduction of any image or its caption.
a. The Client agrees to indemnify the photographer in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any image supplied to the Client by the photographer.
b. The Client must be satisfied that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that the photographer gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any image. In the event that the image issued or reproduced by or with the authority of the Client then the Client shall indemnify the photographer against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
25. Client Confidentiality
The photographer will keep confidential and will not disclose material or information communicated to him/her in confidence for the purposes of the photography to any third parties unless it may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the Photo Service.
26. Force Majeure
The Photographer shall have no liability to you, the Client under this Agreement if they are prevented from carrying out any of the Photo Services on the day due to:
The bride and groom or any important members (in the case) of a wedding party not being on time and/or the church, the reception, or the venue of the wedding having photography restrictions, that the photographer was unaware of prior to the date.
Any inhibiting background, location issues out of the Photographer’s control or additional arrangements made by the Client with other photographers at any photo session.
Any acts, events, omissions or accidents beyond our reasonable control, act of God, war, riot, including strikes, failure of a utility service or transport network, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, inclement weather or default of suppliers or sub-contractors.
In the event of incapacitating illness or injury to the Photographer Lisa Roberts Photography shall have the option, whenever possible, to mutually agree with the Client a replacement photographer to carry out the Photo Services. If we cannot agree a replacement then Lisa Roberts Photography shall refund to you any fee paid in relation to the interrupted Photo Services in full (subject to our limitation on liability)
27. Liability
Our entire liability for any breach of this Agreement or any representation, act or omission (including negligence) shall be limited to our fee in relation to the Photo Services and we shall not be responsible for any special, indirect or consequential or pure economic loss, costs, damages, charges or expenses.
The limitation on liability shall also apply in the event that Photos are lost through equipment malfunction, are lost in the mail or otherwise lost or damaged where the Photographer is not liable.
Nothing in these Conditions limits or excludes our liability for death or personal injury resulting from negligence; or any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by Lisa Roberts Photography.