Julia Chamberlain Photography
NOTE RE DIGITAL IMAGES
Releasing pictures in electronic format is the equivalent to passing over a negative. It may enable people to print out pictures of a low resolution or use poor quality printers/paper so that the finished hard copy may not be up to a professional standard. This could damage my reputation as a photographer. It also allows potential manipulation of the original image and breach of copyright. Accordingly I am generally wary of doing this unless there are specific reasons to do so.
Standard Terms and Conditions
It is understood that Julia Chamberlain (hereinafter referred to as ‘the Photographer’) is retained as the official exclusive Photographer for the above commission as set out above.
2 BOOKING FEE/MANDATE.
The payment method is a non-refundable booking fee of £ followed by the remaining balance of £ upon delivery of the memory stick, contact sheets and cd of low resolution pictures. All payments shall be made by the due dates and once paid are not refundable. This Contract will only come into effect when the Booking Fee has been made and the Photographer reserves the right to annul the agreement without further correspondence if this payment is not received within one week of signing.
The outstanding balance for agreed services must be paid 30 days after the items contained under the commission paragraph are delivered
4 FEE VARIATIONS.
Prices quoted for Services at the time of booking will be held up to the end . Additional items will be subject to the pricing structure in force at the time of ordering.
There are no fees incurred by the Client due to cancellation, provided their account is up-to-date, however attention is drawn to condition 2 of this contract. This contract will also terminate on A: completion of supply of the contact sheets by the photographer to the Client or B: 120 days after the commission Date if the Client fails to instruct the Photographer as to chosen image. In either case no monies previously paid to the photographer will refundable. Products and services ordered after this date will be subject to a new agreement and pricing.
In the event of a dispute between the Client and the Photographer that cannot be resolved amicably, the Client will agree in the first instance to Arbitration by the SWPP, 6 Bath Street, Rhyl, North Wales, LL18 3EB (tel: 01745 356935). Details of the Photographer’s Insurers will be provided to the Client upon request following this procedure if required.
All image and album sizes are nominal. The Photographer will provide a pleasing colour balance but cannot guarantee exact colour matching.
The Photographer will endeavour to retain the images on file for a minimum of two years following the commission Date, however, no guarantees are given in respect of image retrieval or reproduction from the original files.
The Photographer shall be granted artistic license in relation to the poses photographed and locations used. The Photographer’s judgment regarding the locations, poses and number of photographs taken shall be deemed correct. The Photographer will not be held responsible for lack of images due to inclement weather, limitations imposed by the Venue misdirection by the Client or uncooperative models.
Photographic style is open to interpretation, and the Client should be fully aware of what they are asking for to avoid misunderstandings in their brochure coverage.
The Client shall read the copyright information below and sign only when he/she fully understands its content. The Client grants the Photographer unrestricted use of the images under the terms of the Copyrights, Designs and Patents Act 1988. The Photographer will, however endeavour not to make use of any image in a way that may cause the Client distress, embarrassment or ill effect.
This form authorises The Photographer to make the use as specified below, with no further fees or payments, of all images taken for the Client (or associates involved in this commission). It does not confer any rights to use other images, taken outside of this agreement. This form must be signed by the Photographers Client or representative who is authorised to act as Agent. The Copyright of the images remains the property of the Photographer or his Assignees, Licensees or Agents as disposed of by the Photographer, under the terms of the Copyrights, Designs and Patents Act 1988.
The Client understands that NO fees have been charged in respect of film, chemicals, electronic storage or other materials in the carrying out of this Contract, and the Photographer owns all such materials. Regardless of any fees paid by the Client or their Agent, the photographs are not considered to form part of a private commission, and may be shown as samples of work, displayed or exhibited by the Photographer. With the express exclusion of the agreed CDs and or digital stick any reproduction or distribution of the images by the Client or other persons not directly employed by The Photographer, other than for the purposes of the promotion of the client’s business as a holiday letting agent must be agreed in writing by the Photographer and must carry a by-line stating the authorship of the image.
In consideration of the commission described in the schedule, and for which no fee is due to me (the Client) or my Agent in respect of further publication of the images taken for the commission, I (the Client) permit Julia Chamberlain the Photographer and all authorised Copyright Licenses or Assignees to use the images and/or prints and duplicates therefrom and any other reproductions or adaptations thereof either complete or in part, alone or in conjunction with any wording and/or drawings in the United Kingdom and/or any country overseas. Unless otherwise agreed any deviations, montages or adaptations of the original commission shall be deemed to represent any imaginary person(s) and any imaginary situation. No endorsement of products or services is implied. I (the Client) understand that I do not own the copyright of the images.