1) APPLICABLE LAW
1a. The laws of England and Wales shall govern this agreement. These Terms and Conditions shall not be varied except by agreement in writing.
1b. In the event of any conflict between these Terms and Conditions (including all those relating to the time of payment) and those issued or submitted by the Client, and in the absence of any contrary agreement in writing, these Terms and Conditions shall prevail.
2) BOOKING FEE
2a. Booking with PA Photography enters the Client into a contract whereby the Client agrees to abide by its Terms and Conditions.
2b. Booking fees taken for location, portrait, sporting or wedding photography contracts are non-refundable, except in the event that PA Photography cancels the booking.
2c. Wedding Clients may cancel their contract at any time by giving written notice to PA Photography. Should a cancellation notice be received by PA Photography less than three weeks prior to the appointment, the Client will be charged a sum equal to 75% of the current price of the minimum order specified in the contract schedule.
3) ONLINE IMAGES
3a. It is illegal to attempt to download images or to attempt to remove a watermark from any image taken and posted online by PA Photography for any reason. Should an image online be saved by any means, and used elsewhere without written consent from PA Photography, whether or not the copyright has been removed, a copyright infringement fee of £1000 per image will be levied and must be paid within 28 days.
4) FULFILMENT OF OBLIGATIONS
4a. PA Photography shall not be liable to the Client for any failure, in whole or in part, to fulfil its obligations where failure arises as a result of an event or circumstances beyond its control, which may include (but is not limited to) equipment failure, inclement weather, illness or injury.
4b. The Client understands and accepts that the photographic coverage will be as the professional expertise of PA Photography determines. Special requests are not binding instructions, although every effort will be made to comply with Client wishes.
4c. In the unlikely event of total photographic failure or cancellation of the contract by either party, or in any circumstances, 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.
5) IMAGE PROOFS
5a. Although PA Photography will make best endeavours to produce the quantity of proofs discussed with the client, there is no guarantee that any particular number of proofs will be produced.
6) PRINT/IMAGE PRODUCTION AND HANDLING
6a. All images produced by PA Photography are completed on a fully calibrated monitor. As such all prints will be a true reflection of the post processing carried out by PA Photography. PA Photography will not be held responsible for variance in images caused by Clients viewing images on non-calibrated screens or monitors.
6b. All photograph sizes are nominal. Irregular reflectance caused by combinations of certain dyes, materials and man-made fibres in photographic papers render it impossible to consistently record the exact colours seen by the human eye. As such, PA Photography shall provide a pleasing and creative colour-style output, but cannot guarantee exact colour matching.
6c. Unless otherwise agreed between PA Photography and the Client, PA Photography shall use its own judgement regarding the style and artistic input in the production of all images. This includes, but is not limited to, locations, poses, backgrounds and the number of images taken. Due to the vagaries of the weather and the willingness of subjects, it may not be possible to capture all the images requested by the Client or the number of images expected by the Client. In the event of uncooperative or distressed children at a session of any kind, for any reason, The Client understands that PA Photography may not be able to capture any or all of the images requested or expected. The Client is responsible for the well-being and behaviour of all children at all sessions. The style and number of photographs delivered to the Client shall be deemed as correctly fulfilling the contract.
6d. PA Photography edits all images before presenting final galleries to the Client. For wedding and event photography, intrusive signage (for example fire exit signs, road signs, emergency signs, etc.) will only be removed from key images. Additional edits will be carried out at the discretion of PA Photography. Requests by the Client for additional editing services must be raised at the proofing stage, and may incur further costs.
7) LICENCED IMAGES
7a. Images supplied electronically by PA Photography on USB memory stick or by digital downloads are supplied as JPEG format with optimal compression and will be of sufficient resolution to print at sizes up to A3 (297mm x 420mm). Such images are licenced to the Client exclusively for sharing, displaying electronically or printing. Family, friends, guests and other parties must separately purchase prints or digital files for their personal use.
7b. Digital Images are supplied in JPEG format only. RAW file formats are not available for purchase. In purchasing ‘all images’ from a session, a Client is purchasing all the custom-edited images shown at the viewing session or in the PA Photography online gallery. Such purchase agreements do not extend to unedited RAW files.
8) COPYRIGHT AND REPRODUCTION.
8a. PA Photography retains all copyright over all images at all times throughout the world. It is not permissible for any image to be copied, scanned or reproduced in any form whatsoever without the written consent of PA Photography. This includes the saving, screen-grabbing and downloading of PA Photography images from Facebook, Instagram and other social media channels.
8b. The client may not alter, add to or manipulate an image by means of a computer or any other technique or technology, or reproduce an image in whole or in part as an element therein, or as a montage with another image without the written consent of PA Photography.
8c. In the event of unauthorised reproduction, the Client shall pay by the way of liquidated damages to PA Photography an Unauthorised Use fee of £1000 per image.
9) RECEIPT OF GOODS
9a. Images, products and albums are presumed to have been received in good condition unless the Client notifies PA Photography in writing of any discrepancy or error within 14 days of receipt.
10) COOLING OFF PERIOD
10a. Due to the supply of photographs being made to the personal specification of the Client (for example cropping, post processing, bespoke framing, album composition, etc.) the Client does not have a right to a cooling-off period.
10b. By placing an order with PA Photography, a Client commits to purchase the products ordered.
11) RETURNS POLICY
11a. Items supplied incorrectly and items of poor quality can be returned and will be replaced at no additional charge to the Client.
11b. Returns will not be considered for items ordered incorrectly, items ordered in error, or items delivered to incorrectly-addressed order forms.
11c. No return, exchange or refund is available on any item once the image proof has been approved and an order placed.
11d. Due to the nature of digital files, no refunds will be given on digital purchases.
12) USE OF IMAGES
12a. PA Photography retains the right in all cases to use images in any manner at any time throughout the world for the purposes of sales, advertising or promotion of its work.