Terms and Conditions
 

 

LEGAL
 

• Nothing in this agreement shall create a partnership, agency or other relationship between the parties, other than the contractual relationship expressly provided for in this agreement.

• Neither party shall have, nor represent that they have, any authority to make any commitment on another party's behalf, except as provided in this agreement.

• Each of the parties warrants that he has power to enter into this agreement [and has obtained all necessary approvals to do so].

• The Photographer warrants and undertakes that she is not aware of anything within her reasonable control which might or will adversely affect her ability to fulfil her obligations under this agreement.The Photographer agrees to provide the services to complete the Assignment for the Fees set out in the Instruction.

• The Photographer is alone responsible for all taxes arising on money received from the Client and indemnifies the Client against any demand or obligation in respect of such tax.

• The Client agrees to provide accurate, timely and complete information and fully cooperate with the Photographer to enable her to perform her part of this contract.

• The Photographer agrees that she will fully cooperate with any authorised representative to perform his part of this contract.

• If due to any reason the Photographer fails to perform her part under this agreement then she shall provide an alternative photographer. The replacement shall be the person qualified and experienced to the same level as the Photographer she replaces. If the Photographer does provide a replacement then the replacement will complete the Assignment in terms as set out in this agreement.

• If the Event is cancelled, delayed or the Client makes a significant change to the venue, date or activities then the Photographer will try to perform her obligations under same terms as set out in this agreement. However if it does happen then the Photographer will not be bound and may refuse to provide her services under changed circumstances. 

• Nothing in this contract shall prevent the Photographer from entering into a similar contract with any other person provided that the date of providing services on any other contract does not overlap with the agreed time and date of the Client.
  
  
   

Fee and Payment
 

• The Client agrees to pay the Fees stated at the beginning of their contract.

• Payment shall be made by any of: [direct debit, bank transfer, cheque] or any other way agreed between the parties.

• The Photographer reserves the right to charge the Client interest in respect of the late payment of any money due under this agreement at the rate of [5] per cent above the base rate from time to time of the Bank of England from the due date until receipt of payment

​Project Management

 

• If the Client provides a list of specific people or scenes or events of which he requires Images, the Photographer will do his best to include those within the Assignment.

• The Client will be responsible for informing people that photographs will be taken at any Event, and will indemnify the Photographer for all costs which might flow from a complaint by any person that the Photographer did not have permission to photograph that person. 

The Licence of Images to Client
 

• The Client acknowledges that the Photographer owns all right, title and interest in and to the Images and that the Client has no right to use any of them outside the express terms of this agreement.

• Money paid to the Photographer includes a fee for the grant of a licence in the terms of this paragraph. The licence arises only after the Client has paid the Photographer the money due under this agreement.

• The licence is personal, irrevocable, non-transferable and non-sub-licensable.

• The licence is restricted so that [unless the Photographer gives written authorisation] the Client may not copy any Image created by the photographer, nor permit any other person to do so, without his permission in writing. [For the avoidance of doubt, Images may not be used for the sale of property by some person other than a party to this contract.]

• So far as any goodwill is generated by the Client's use of the Images it shall accrue to the benefit of the Photographer.

• The Photographer reserves the right to make reproductions of Images created during assignments for marketing, promotional, competition and editorial purposes.

  ​
  
   

       Licence of “Model Rights” to Photographer
 

• The Client grants all his Model Rights to the Photographer to enable him to carry out the Assignment.

• The Client agrees that the Photographer may use his personal Model Rights (but not those of any other person present) in the form of Images taken in this Assignment, only: to market his business as a photographer;

  
  
  
  
  Confidentiality
  
   

• The parties are aware that in the course of the performance of the Assignment they will each have access to and be entrusted with Confidential Information of the other. Accordingly, they undertake in respect of Confidential Information of the other of them, that both during and after completion of the Assignment, they will:

  • except as provided in this agreement, not divulge to any person whatever, or otherwise make use of (and will use his best endeavours to prevent the publication or disclosure of) any Confidential Information;

  • not use the Confidential Information in any way for himself or any other person, except in a way that is authorised by this agreement or by the proper authority of the other of them;

  • not publish Confidential Information on any social medium.

 

​

Limitation of Liability
 

• All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warranty or term cannot be excluded, then this sub paragraph will be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

• The Photographer shall not be liable to the Client for any loss or expense which is:

• indirect or consequential loss; or

• economic loss or other loss of turnover, profits, business or goodwill; or

• loss of amenity represented by the Client having no visual record of an Event.

• loss or damage suffered by the Client as a result of an action brought by a third party.

• The above provisions apply even if such loss was reasonably foreseeable or the Photographer had been advised of the possibility of the Client incurring it.

  
  
  
      Duration, Termination and Cancellation
   

• Work on the Assignment shall continue until terminated:

• by completion of the Assignment and photographs received by client, or,

• by one party giving 28 days' notice of termination to the other; or

• immediately by the Photographer if the Client fails to pay any sum due within [28] days of the date of submission of an invoice;

• A refund will be issued if the photographer is notified by the client at-least 6 months prior to the wedding date [excluding the deposit]

  
  
  Uncontrollable events
   

• Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond their reasonable control, [including any labour dispute between a party and his employees].

• A termination notice is irrevocable unless both parties agree to re-instate this agreement.

• If the agreement is terminated, all money due from one party back to the other becomes due immediately.

• The party claiming to be affected by an uncontrollable event will take all reasonable steps to fulfil his obligations under this agreement despite the uncontrollable event.
  
  
  
  Miscellaneous Matters

  
   

• No amendment or variation to this agreement is valid unless in writing, signed by each of the parties or their authorised representative.

• The Photographer takes Client’s privacy seriously and will only use their personal data in accordance with the Data Protection Act 2018.

• If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

• Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

• No failure or delay by any party to exercise any right, power or remedy will operate as a waiver nor indicate any intention to reduce that or any other right in the future.

• The parties agree that electronic communications satisfy any legal requirement that such communications be in writing.

• The client agrees that due to low lighting in certain areas of the wedding that a flash may be required to be used. This does not include the ceremony where a flash is not allowed - in which case the client understands that all best measures will be taken for best quality photographs but understands there could be some grain within the photographs due to the low lighting and high ISO required on the camera.

• In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

• This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise, except that any provision in this agreement which excludes or restricts the liability of the directors, officers, employees, subcontractors, agents and affiliated companies of a party, may be enforced under that act.

• Any communication to be served on either of the parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.

  
  
  
   Specific uses of information you provide to us
   

• Client Galleries

• We create a client gallery for each client to whom photos are delivered as part of the services. Our client galleries are hosted by SianP Photography on Shootproof. 

• In any event to visit SianP Photography client gallery you will be required to enter personal data and a 4 digit Pin Code or password.

• Your personal data will be stored within system and servers and will be used to email you up to a maximum of four times and only with information relevant to the client gallery you have accessed. For example: to inform you of a discount offer on gallery purchases. Any such emails sent to you will only be during the 1 period for which the gallery is live. 
  
  
  Communicating with you
   

• When you contact us, whether by telephone or by e-mail, we collect the data you have given to us in order to reply with the information you need.

• We record your request and our reply in order to increase the efficiency of our business.

• We keep personally identifiable information associated with your message, such as your name and email address so as to be able to track our communications with you at a later time.
  
  
  Dealing with complaints
   

• When we receive a complaint, we record all the information you have given to us.

• We use that information to resolve your complaint.

• If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and if we do, what that information is.

• If we think your complaint is vexatious or without any basis, we shall not correspond with you about it.

• We may compile statistics from information relating to complaints to assess the level of service we provide, but not in a way that could identify you or any other person

  ​
  
   

  Management of your information
   

• Access to your personal information

• At any time you may review or update personally identifiable information that we hold about you.

• To obtain a copy of the information we hold about you, please contact us at sianp_photography@hotmail.com

• After receiving the request, we will tell you when we expect to provide you with the information, and whether we require any fee for providing it to you.

• Removal of information

• If you wish us to remove personally identifiable information from our record, you should contact us at sianp_photography@hotmail.com

• If you do so we have no alternative than to treat your request as notice to terminate this contract. If that happens, termination will accord with the provisions in this contract.

• All provisions in this contract relating to termination, express and implied, will follow.

• Verification of your identity

• When we receive any request to access, edit or delete personal identifiable information we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.
  
  
  
  Covid-19
   

•  I will meet you at the agreed meeting point where there will be a paper bag that I have only handled with clean hands and then fresh gloves that contains a copy of the contract (including this clause) and a bottle of hand sanitiser for your use during the shoot if desired - please bring your own pen to sign the contract and then place back in the bag.
   

• We will walk to the shoot location, keeping a minimum of 2m distance at all times. Pls hold hands of small children and keep dogs on leads to prevent breaking the 2m distance 
   

•  I will explain where to stand / sit, and how to position yourselves and your children / pets. I won’t be able to physically move you or come within 2meters of any member of your party.
   

• All of these points are to protect you (the client) and myself, to which we have dual responsibility.
   

• Neither party will hold each other responsible for any sickness occurring during or after the shoot.