Acceptance of Terms and Conditions

All contracts and transactions between the Photographer and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Photographer and Client(s).

Services

Photography services will be provided and billed on an hourly basis. These rates are agreed upon between the Client and Photographer prior to the booking. 

Deliverables

The Photographer will provide a collection of edited Photographs to the Client via WeTransfer, unless otherwise agreed upon between Photographer and Client. The Photographs will be provided as high-resolution JPEG files. No guarantee will be made on the total number of Photographs provided. The Photographs provided will be deemed the full and final collection and under no circumstances will RAW files ever be released.

The vast majority of final Photographs will be delivered within 5 business days after the booking has been completed. A faster turnaround of images is available upon request at an additional £100. Larger volumes of material to be processed, will be returned within 4 weeks of the booking. 

Copyright and Ownership

The entire copyright in the Photographs is retained by the Photographer at all times throughout the world. The Photographer asserts the right to be credited as the author of the Photographs in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988. Any unauthorised reproduction or modification of any images will constitute a breach of copyright. This includes making copies or ‘screen shots’ of images shared by the Photographer online.

Intellectual Property

The Photographer retains a license to intellectual property. This includes but is not limited to use any images for promotional purposes, marketing and personal use. This includes the use of images on websites, print material, social media and promotional material. The Client grants the Photographer the unrestricted right to use and alter the material for the above, without compensation, and hereby releases and shall hold harmless the Photographer from all claims or liability resulting from or associated with the use of the material.

Use

The Licence to Use comes into effect from the date, the relevant invoice is paid. No use may be made of the Photographs before payment in full, without the Photographer’s express permission. Any permission which may be given for prior use, will automatically be revoked if full payment is not made by the due date. The Licence only applies to the Client and its benefit shall not be assigned to any third party without the Photographer’s permission. The Client shall obtain written permission from the Photographer prior to selling or publishing any of the material for financial gain.

Right to Credit

The Photographer asserts the right to be credited as the author of the Photographs in accordance with sections 77 and 79 of Copyright, Designs and Patents Act 1988. When using the Photographs, the Client agrees to include the Photographer’s company name (Fiona Finchett) and Website (fionafinchett.com) in all instances, unless agreed with Photographer prior to use. Any unauthorised reproduction of any Photographs will constitute a breach of copyright.

Alterations

Unless written consent is provided, the Photographs provided by the Photographer cannot be altered, cropped, distorted or affected in any other way. The Photographer shall not be liable for any claims whatsoever resulting from alterations made to the Photographs by the Client. 

Payment and Pricing

All invoices are in sterling (£).

All prices quoted to the Client apply only to the original job brief given to the Photographer by the Client. Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise at their request, the Client shall give approval to and be liable to pay such extra expenses or fees at the Photographer’s normal rate to the Photographer in addition to the expenses as having been agreed or estimated.

Payment by the Client will be expected for the commissioned work within 30 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days the Photographer reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.

The Photographer may require the Client to pay a deposit towards the final invoice. If a deposit is required, a booking is not confirmed until payment is received by the Photographer. 

Cancellations and Refunds

If a booking is cancelled fully by the Client within forty-eight hours of the starting time, the Photographer reserves the right to charge the full fee for the booking. If a booking is cancelled within ten working days of the starting time, the Photographer may charge 50% of the full fee.

Any deposits are non-refundable in this instance.

For outside bookings where no indoor option is available, and is cancelled/postponed due to weather conditions, the Photographer will make no charge to the client if reasonable notice of the cancellation/postponement is given by the Client. The Photographer reserves the right to charge in full for expenses (e.g. including but not limited to; hire of specialist equipment, train fares etc), that may have been incurred prior or during the booking taking place.

In the event of the Photographer being unable to fulfil a booking due to reasons out of their control (e.g. including but not limited to; illness, vehicle breakdown, cancellation of public transport) the Photographer agrees to inform the client as soon as they become aware of the problem. The Photographer will make every effort possible to provide a substitute photographer of similar skills and experience. The Photographer will not be liable to compensate the client except to return any monies paid to date.

Right To Withdraw

The Photographer’s discovery of new information:  example, changes to agreed terms, changes to location, changes to times or other factors that may disturb proceedings that have already been agreed at the initial booking also non-cooperation from Client, ie: missed meetings, non-payment or late payment of invoices, late arrival at meetings then the Photographer has the right to withdraw.

Locations/Model or Property Releases

It is the Client’s responsibility to obtain permission for entry to and Photography, at all applicable locations and to advise the Photographer of any restrictions or policies in place at all applicable locations.

It is the Client's responsibility to obtain any necessary model or property releases for the booking. The Photographer is not liable for any legal issues that may arise due to the client's failure to obtain these releases.

Representation

The Client shall ensure that there is an authorised representative present at the booking to ensure the correctness of the Photographer's interpretation of the Clients brief. In the event of no Client representation, the Photographer's interpretation of the brief shall be deemed as correct.

Conduct

The Client shall be responsible for the behaviour of any persons accompanying them to a booking. The Photographer reserves the right to terminate any assignment without notice if he deems the Clients behaviour to be unruly or unsafe. In such instances, the Photographer reserves the right to charge full fees and expenses. The Client will fully reimburse the Photographer for any loss/damage they cause to property or equipment.

Confidentiality

The Photographer acknowledges that in the performances of the services, he may receive information from the Client which is designated by the Client as confidential. Upon request from the Client, the Photographer agrees to keep this information secret and not to disclose such information to other parties except as required by law.

Advanced Retouching

Photographs provided to the Client will have been edited to the correct exposure, colour, contrast and tone in line with the artistic vision of the Photographer. Advanced Retouching is not included in the price, eg: total skin smoothing, teeth whiting, skin imperfection removal, removing stray hairs or smudged makeup, removal of objects, swapping a face from one image to another, brightening of eyes, and body shaping or slimming enhancements.

Storage of Photographs

Upon receipt of Photographs, the Client accepts all responsibility for archiving and protecting the photographs. Photographer does not permanently archive image files. The Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read files provided. It is the responsibility of the Client to make sure that digital files are copied to new media as required.

Loss or damage

The Photographer undertakes to use the utmost care and reliable equipment throughout the capturing, backup, processing and transportation of the material. If however, the material is lost, stolen or damaged for any reason, the Photographer shall refund all monies received. If a portion of the material is lost, stolen or damaged for any reason, the refund shall be calculated pro-rata basis.

Modification of Agreement

These Terms and Conditions shall not be varied. Any changes to the agreement must be made in writing and agreed upon by both Photographer and Client.