Terms and Conditions (NB based on a portrait shoot.)
In the following conditions of contract “the photographer(s)” shall mean Charlotte Machin trading as Charlotte Machin Photography or, subject to condition 7 below, any photographers appointed by Charlotte Machin. “The Client (s)” shall be those whose name appears on the contract. The due performance of the contract is subject to the conditions below. These cannot be varied in any way by the client(s) unless such conditions are expressly agreed by the photographer(s) in writing.
1. Copyright: The copyright to these images is held by Charlotte Machin Photography. You are free: to share – to copy, distribute and transmit the images. Under the following conditions: Attribution – You must give credit to Charlotte Machin Photography for the images used. Non-commercial – You may not use the images for commercial purposes. No Derivative Works – You may not alter, transform or build upon these images.
2. Display: The client(s) hereby allow(s) the photographer(s) to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, social media and other such material, providing the images used are used lawfully and without damage to the client(s).
3. License and Coverage:
a) The photographer(s) shall be granted artistic license in relation to the poses photographed and the locations used. The photographer(s) judgment regarding the location, poses and number of photographs taken shall be deemed correct.
b) Photographs taken during the course of the session will be at the discretion of the photographer(s) although every effort will be made to comply with The Client(s) requirements.
The client(s) will be liable to pay any additional expenses incurred by the photographer(s) not already included within the contract price. This includes for example access fees charged by some venues, parking fees, petrol fees for travel outside of London, and dispatch of prints, discs, albums, and other products to non-UK addresses.
a) A non-refundable booking fee of:
£125 (paid by cash, cheque or bank transfer) along with a completed booking form and contract will confirm your booking. The booking fee forms the entire cost of the Portrait shoot fee (i.e. it is NOT in addition to the cost of a shoot fee). No further payment is due for the session and editing.
Payment for the photographic coverage is due with the return signed contract.
a) All additional goods are at a separate cost from the booking fee and must be paid for in full on ordering. This includes prints, albums, and any other products or services ordered after the event.
b) Title to all goods remains with Charlotte Machin / Charlotte Machin Photography until paid for in full by the client(s).
6. Complaints: any complaints must be received in writing within seven days of the receipt of products purchased. This includes photographs, discs, albums, frames and any other special services that have been agreed.
7. Force Majeure:
a) The due performance of the contract is subject to alteration or cancellation by the photographer(s) owing to any cause beyond their reasonable control (e.g. sudden illness/injury/victim of crime or accident).
b) In the event of cancellation by the photographer(s), or in the unlikely event of total photographic failure (although re-shoots may be arranged if practicable) – the photographer(s) will not be responsible for costs in order to stage re-shoots. The photographer(s) liability shall be limited to a full refund of any deposits and fees paid.
8. Negatives and Digital Files:
a) The negatives and digital files shall remain the property of the photographer(s) and shall be kept for not less than 12 months from the shoot date at one site.
b) Should negatives and digital files be lost, damaged or destroyed the photographer(s) liability shall be limited to a pro-rata refund of fees paid, but shall not include a refund for any goods already supplied. No refund will be due for any negatives or digital files lost, damaged, or destroyed after 12 months from the date of the shoot.
c) All orders should be placed with the photographer(s) before the end of a 3 month period starting at the shoot date. The photographer(s) will not be liable for failure to produce any orders placed after this time.
9. Cancellation and Rescheduling:
a) Should the Client(s) need to reschedule due to illness, 24-48 hours’ advance notice is required.
b) Cancellation with less than a week to go until the shoot date will incur the full price of the session fee.
c) If the Client(s) cancels within a week of the scheduled shoot and the photographer(s) are able to rebook the date with an equivalent booking, then the non-refundable booking fee will be refunded accordingly.
10. Placing an Order and Receipt of Goods:
a) Any alterations to orders must be notified either by phone or email and confirmed in writing within three working days of the order being placed. The photographer(s) will not be held liable for any costs incurred due to alterations to the order made by the client after this time.
b) The Client(s) password protected online gallery may take up to 14 days from the event date to complete.
c) If you place a print order this may take up to four weeks to complete. Allow 28 days for delivery of other orders. Where you choose to design an album through Charlotte Machin you will be notified of the estimated completion date on a case by case basis.
d) The photographer(s) must be notified either by telephone or email and confirmed in writing within three working days of the client(s) being in receipt of their order in the case of error, shortage or damage as mistakes cannot be rectified after this period.
e) Due to the nature of the product the photographer(s) are unable to give exchanges or refunds. This does not affect your statutory rights.
11. Privacy: Charlotte Machin / Charlotte Machin Photography may store your data on a private internal database. This data will not be made available to outside companies or individuals. Should you wish to have your data removed from the database, please advise in writing and retain your confirmation.
12. Governing Law: Any contract made between the photographer(s) and the client(s) shall in all respects be governed by and construed in accordance with English Law and the parties hereto submit to jurisdiction of the English courts.
13. Insurance: The Client(s) are hereby advised to take out an insurance policy to cover any expenses in the event of cancellation.