Privacy Policy & Terms and Conditions

The following details what to expect in our contracts and is an up front indicator of our Privacy Policy and the Terms and Conditions which will form the main part of any contracts we sign to work with you.

1. TERMS AND CONDITIONS

It will be agreed that the following terms set out the total agreement that will be made between the parties: -

'The Photographer': - Emilia Jayne Photography UK and

'The Client': - YOU

and that no variation or modification of the contract shall be effective unless agreed by both parties in writing.

2. THE TOTAL (ALL INCLUSIVE) FEE

Payable by bank transfer (details in specific contract) as described in paragraphs 2.1 and 2.2 below to: -

This shall consist of two payments: -

1. THE BOOKING FEE - 25% OF THE TOTAL FEE

The Booking fee will be paid within 24 hours of signing the contract and secures the time and services of 'the Photographer' for the shooting assignment and is non-refundable or transferable in the event of cancellation by 'the Client'. It being the agreed loss suffered by 'the photographer' due to cancellation.

The booking remains a RESERVATION ONLY and is NOT SECURED UNTIL THE DEPOSIT IS PAID!

2. THE BALANCE - THE REMAINING 75% OF THE TOTAL FEE

Following payment of the Booking Fee, the Balance of fees due is to be paid in full no later than: -

28 days prior to a Wedding shoot

14 days prior to any other genre assignment.

3. PRICES

All prices are inclusive of the then current rate of VAT (if/as applicable)

NO PHOTOGRAPHS WILL BE TAKEN OR RELEASED UNTIL ALL PAYMENTS DUE HAVE BEEN PAID IN FULL.

Payment in full for any albums and additional images not subject to the original contract is to be made when they are ordered.
Additional sub-contract will be established to cover such eventualities

3. CONTRACT CANCELLATION

1. BY 'THE CLIENT'

'The Client' may cancel this contract at any time by giving written notice to 'the Photographer' but in doing so shall forfeit any monies paid. Contract cancellation less than: -

12 weeks before a wedding shoot, or,

4 weeks before all other genres of photographic shoot,

WILL result in the requirement for payment becoming due IMMEDIATELY IN FULL FOR THE TOTAL FEE.

ALL shooting assignments that are postponed to a later date will retain the fee as long as the Photographer can re-schedule for the new date and time.

2. BY 'THE PHOTOGRAPHER'

If 'the Photographer' has to cancel this contract for reasons beyond their control (death, injury, sickness, etc.)

'the Photographers' liability shall be limited to a FULL REFUND OF ALL MONIES PAID.

4. PHOTOGRAPHER EXCLUSIVITY

The contract will confirm the priority/exclusivity of Emilia Jayne Photography UK over any other photographer(s) at the booked event or photoshoot, including guests who could interfere and impede ‘the Photographer’ from getting important shots.

'The client' MAY CONSIDER imposing an ‘unplugged’ requirement at the event, whereby guests are requested NOT to use their own photographic equipment (including smart phones) during any formal ceremonies or group shots to prevent interference or image corruption (e.g. people or their phones appearing in shot).

5. MEALS AND BREAKS

‘The Photographer’ will be entitled to a 30-minute uninterrupted break after every 4 hours of shooting.

6. DISPLAY

'The Photographer' may display any photographs included in this contract in the Photographers studio, website, portfolio, literature, display areas, exhibitions, competitions, advertising or slide shows.

For the avoidance of doubt, all Copyright in the photographs remains with 'the Photographer'.

CAVEAT - UNLESS 'the client' wishes to purchase the copyright of all images for an additional charge to be agreed between the parties and added to the specific contract.

7. COPYRIGHT

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.

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 in writing.

All images are provided solely for use outside of ‘the Clients’, their family or friends for their personal use.

None of the images may be used for any commercial or marketing use without the permission of ‘the Photographer’ in writing.

CAVEAT - UNLESS 'the client' wishes to purchase the copyright of all images for an additional charge to be agreed between the parties and added to the specific contract.

8. IMAGES

All image sizes are nominal.

‘The Photographer’ will provide a pleasing colour, brightness and contrast balance at ‘the Photographer’s' sole discretion, providing only ‘light’ editing to all images as necessary and to crop out any extraneous detail, and correct for level horizons, sharpness etc.

‘The Photographer’ cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres and mixed lighting sources.

It is often impossible to match the exact colour as seen by 'the Client's' eyes.

Images will be held for a period of 12 months and will be deleted thereafter to release storage space.

9. DIGITAL FILES

All digital files remain the property of ‘the Photographer’ unless specifically agreed in writing to the contrary (see paragraphs 6. Display and 7. Copyright).

10. DELIVERY OF DIGITAL IMAGES

All images will be captured in RAW format but will be converted to JPEG for supply to ’the Client’ via a dedicated and secure PicTime online gallery which can be shared by 'the client' via email, WhatsApp or Facebook once final images agreed.

We currently only provide digital images, by exception we could investigate production of physical printed albums and

photographs, but an additional handling fee would be charged over and above the cost of the albums and photographs.

1 week after your Day of Shoot, we will send you a password-protected link with a copy of unedited watermarked images for you to view and select your final images with download and sharing rights restricted.

2 weeks after your Day of Shoot (or no later than a mutually agreed date), we would like you to confirm your final selection so we can plan our workload.

11 weeks after your Day of Shoot (or no later than a mutually agreed date), this would be approximately 8 weeks after final selection to edit and optimise your final selection.

We will do our very best to reduce these times where possible, dependent on the size of the assignment and other workload demands.

Once you have chosen your images for your final portfolio or online album, you will receive your final images on your dedicated and secure PicTime online gallery for you to keep and share with others!

11. RETOUCHING

Retouching, digital manipulation and artist finishing is available to ’the Client’ as an additional chargeable optional extra (more detailed digital manipulation or ‘airbrushing’ than the ‘light’ editing described in paragraph 8. Images).

12. REORDERS

All reorders shall be treated as a chargeable extension of this contract and no responsibility for error will be accepted unless orders are given in writing.

13. LICENCE

'The Photographer' shall be granted artistic license in relation to the poses photographed and the locations used.

'The Photographers' judgment regarding the locations/poses 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 of the images requested in the Shooting Schedule.

14. FORCE MAJEURE

The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.

15. ATTENDANCE

In the unlikely event of the assigned Photographer(s) being unable to attend your assignment due to unforeseen circumstances, we reserve the right to appoint another photographer to attend your assignment on our behalf to undertake the Photographic Assignment to his/her best ability

16. 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.

17. COMPLAINTS

Any complaints should first be raised by the Client with 'the Photographer' in writing within 28 days from the date of receipt of images. In the unlikely event of an unresolved complaint 'the Client' may request the Society of Wedding and Portrait Photographers to mediate but only on the basis that its decision shall not be final and binding upon either party.

18. DETAIL BREAKDOWN OF PRODUCTS AND SERVICES INCLUDED IN THE CONTRACT

Full details of all charges and agreements of content INCLUDED will be detailed in this paragraph of the specific contract.

Delivery of any significantly edited images (airbrushing etc.) and Studio Images cannot be guaranteed within time limits described in Paragraph 10, we will deliver all extras as soon as we can thereafter.

Emilia Jayne Photography UK will undertake all reconnaissance visits to liaise with venue management to prepare for set up locations, lighting etc.

19. DETAIL BREAKDOWN OF AVAILABLE PRODUCTS AND SERVICES NOT INCLUDED IN THE CONTRACT

(CAN ADD AT A LATER TIME IF REQUIRED WITH WRITTEN CONTRACT REVISION)

Full details of all charges and agreements of content EXCLUDED will be detailed in this paragraphy if the specific contract.

CONTRACT

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