TERMS & CONDITIONS
These Terms and Conditions apply between you, the User of this Website and Madeleine Rose, the owner and provider of this Website.
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- Definitions
For the purpose of these Terms and Conditions the following definitions will apply:
1.1 Madeleine Rose Photography refers to the trading name of the individual, Madeleine Rose.
1.2 Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party) or any customer purchasing prints or digital photographs.
1.3 Photographs means all photographic material supplied by Madeleine Rose Photography, this includes transparencies, negatives, prints, digital files, digital scan, digital image, design, artwork, footage, montage or any other item which may be supplied for the purposes of reproduction.
1.4 Reproduction includes any form of publication or copying of the whole or part of any Photographs and whether or not altered by printing, photography, projection (whether or not to an audience) scanning, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means.
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- Retainer
2.1 A retainer fee of 20% of the full balance is required for all photography sessions. No date is reserved until a retainer is received.
2.2 This is a non-refundable retainer. In the event of cancellation or breach of contract by the Client, the retainer will be liquidated for damages to the Photographer.
2.3 The retainer will be applied towards the total cost of the service to be rendered.
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- Payment
3.1 The remaining balance for the above listed photography services will be due in full no later than 14 days prior to the scheduled date of event. Details will be supplied with the invoice.
3.2 If payment is not made within 30 days from date of invoice then the Photographer may rescind this Agreement and recover damages, or, at their option, may exercise their statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998.
3.3 The Photographer will provide the goods and services listed in this photography contract, including event coverage for the listed hours at the listed venues. If additional coverage hours are requested on the day of the events, the Client will pay the Photographer in full for those additional hours at the hourly rate listed in this contract.
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- Cancellation
4.1 The Client may cancel this contract at any time up to 14 days prior to the scheduled date of event. To do so, the Client must send a written cancellation notice via either email or certified mail.
4.2 The Client hereby forfeit their initial deposit in case of cancellation, and agree to pay the full amount for the services listed above should they cancel this photography contract after the date 14 days prior to the scheduled date of event.
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- Change of Date or Venue
5.1 The Photographer must be notified immediately of any changes in schedule or location, at least 14 days prior to the scheduled date of event. Notification of any changes must be made via either email or certified mail. If an email is sent, a confirmation of receipt must be sent back by the Photographer via email or certified mail.
5.2 It is the Client’s responsibility to confirm all arrangements at least 14 days prior to the event. In the event of change of address or information (time, etc.) as listed, you must notify the Photographer.
5.3 The Photographer kindly asks that the Client get in touch with the Photographer 7 days prior to the date of the event in order to touch base and go over last minute details. The Photographer will make every effort to contact the Client, but it is the Client’s responsibility to contact the Photographer to confirm all events and times.
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- Failure to Perform
6.1 The Photographer will not be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by location or venue restrictions. The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the Client or other principles. It is acknowledged that any lists submitted to the Photographer will be used for organisational purposes only and in no way represent photography that will actually be produced.
6.2 Guests of the Client and other event vendors shall not interfere with the Photographer’s duties. Guests will be asked to refrain from taking flash photographs at certain intervals of the event to ensure proper exposure of photographs.
6.3 The Photographer will do their best to fulfil all requests but can make no guarantees all photographs will be delivered.
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- Exclusive Photographer
7.1 The Photographer and/or any photographers hired by the Photographer to photograph shall be the exclusive photographer(s) retained by the Client for the purpose of the photography.
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- Expenses
8.1 Travel expenses such as parking, shipping, or destination fees will be added to the balance due after the event. Travel fees are pre-determined and will be set out in the initial payment total. The Client is responsible for all location fees and permits.
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- Client Confidentiality
9.1 The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to them in confidence for the purposes of the photography, save as may be reasonably necessary to enable Photography to carry out their obligations in relation to the commission.
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- Delivery of Photographs
10.1 The Photographer will edit every take and deliver digital e-proofs of what they consider to be the best representation of every situation covered.
10.2 The Photographer retains creative license. Photographs are edited at the Photographer’s discretion, and delivered photographs may not include all photographs shot. The Photographer reserves the creative rights to edit and release only those photographs deemed creditable as professional in quality and within the photographer’s artistic standards.
10.3 All digital files are supplied as colour tiff or jpg files tagged with Adobe RGB 1998 or sRGB colour profiles as requested.
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- Copyright
11.1 All photographs are and shall remain the sole intellectual property of the Photographer in accordance with The Copyright, Designs and Patents Act 1988.
11.2 Permission is hereby granted to the Photographer to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose.
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- License to Use
12.1 Licence to use any photograph is only granted to the Client by the Photographer with specific prior agreement.
12.2 The Licence 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 express permission of the Photographer.
12.3 Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Client is put into receivership or liquidation.
12.4 Reproduction rights granted are personal to the Client and may not be assigned, nor may any Photographs submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights.
12.5 The Photographer reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.
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- Indemnity
13.1 While the Photographer takes all reasonable care in the performance of this agreement generally, they shall not be liable for any loss or damage suffered by the Client or by any third party arising from use or reproduction of any image or its caption.
13.2 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.
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- Rejection
14.1 Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
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- Right to a Credit
15.1 The licence to use requires that the Photographer’s name ‘Madeleine Rose’ will be printed on or in reasonable proximity to all published reproductions of the photographs. The Photographer asserts their statutory right to be identified as the author of the work in the circumstances set out in Sections 77 to 79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
15.2 Should the Photographer discover any violations to this agreement, the Client agrees to be held financially responsible at a rate of £300 per violation.
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- Model Release
16.1 This photography contract serves as a model release. This grants the Photographer the right to use all photographs without restriction for advertising, portfolios, and other lawful purposes. The Client waives the right to inspect any photographs produced using the photographs from the events in this contract, and the right to restrict the use of the photographs from the listed events by the Photographer.
16.2 All photographs are and shall remain the sole intellectual property of the Photographer in accordance with The Copyright, Designs and Patents Act 1988. The Client hereby waives any rights to intellectual property ownership, monetization, or reproduction of the photographs created by the Photographer.
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- Force Majeure
17.1 If the Photographer or its assigns cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the Photographer shall return any moneys paid by the Client, less retainer fee and expenses, but shall have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer.
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- Applicable Law
18.1 This Agreement shall be governed by the laws of England & Wales.