DOGGY SHOOT Terms & conditions
please give this a quick read and tick the box at the end of the page!
This agreement contains the entire understanding between Hip to Heart Photography (aka Laura Kate Bradley) and the Client. It supersedes all prior and simultaneous agreements between the parties. Only those changes or modifications specifically placed in writing, attached, dated and signed by the Clients and Hip to Heart Photography at the time of acceptance of this contract shall be recognised as amendments to this contract. Hip to Heart Photography will be the only professional photographer on the day of the photoshoot.
2. PAYMENTS AND BOOKING
Once full payment of £120 has been made, Hip to Heart Photography will reserve the time and date agreed upon, and will not make other reservations for that time and date. Dog shoots are weather dependant and Hip to Heart Photography will happily rearrange another date and time for the shoot at no extra cost if the weather is not suitable on the day. The Photographer will be in touch via email with an invoice for the balance. Payments must be made via bank transfer (BACS). Proof of payment will be made available on request.
3. THE PHOTOGRAPHER AND LIMITATION OF LIABILITY
a) In the unlikely event of severe medical, natural or other emergencies on behalf of the Photographer, the agreed upon time and date will need to be rearranged.
The Photographer will maintain Public Liability and Professional Indemnity insurance at all times. However, 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 any indirect or consequential loss.
b) Hip to Heart Photography takes the utmost care with respect to exposure, transportation and processing of photographs. However, in the unlikely event of the Client’s photographs being lost, stolen or destroyed for reasons within or beyond Hip to Heart Photography’s control, the latter’s liability is limited to the return of all payments received for the package. The photographer shall not be liable for any amount in excess of the retail value of the Client’s paid order.
4. USE & DISPLAY OF IMAGES
The Client hereby assigns and grants the Photographer(s) and its legal representatives the irrevocable and unrestricted right to use and publish photographs of the dog shoot for editorial, trade, advertising or any other purpose in any manner or medium to generally promote the Business in the Photographer(s) portfolio. It is agreed that the photographer may display and use the photographs taken for blogs, advertising, display, website and internet promotion, competitions, public display such as in mail, photography books, store fronts, window displays, social media, magazine advertising and any other purpose thought proper by the photographer, providing they are used lawfully and without damage to the Clients. Other than via the password protected gallery, the Photographer agrees not to resell any image to a third party other than with prior written consent.
5. COPYRIGHT & OWNERSHIP
Any negatives and/or digital files shall remain the sole property of the Photographer(s) at all times.
Any images or copies of images whether stored digitally (negatives/digital files) 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. Where a viewing album is provided, any breaking of seals in the album will presume a breach of copyright. The Client understands that no unedited images or RAW files will be released at any time. RAW files will be stored by the Photographer for one year. After this time, they may be deleted. Jpeg files will be stored by the Photographer indefinitely.
6. ROYALTY FREE LICENSE
The Photographer retains the copyright of the images as described in section 5. For all images delivered in the online gallery and in the event that a disc/USB memory stick is included in the package or one is purchased as an optional extra then the photographer retains the copyright however grants a Royalty Free (RF) License that permits the use of the images without further payment for any non commercial lawful purpose for an indefinite period. Uses include reproduction or making the image available on the internet for non-commercial use worldwide. The Royalty Free License does not permit the editing or selling of the images by the clients or third parties. It is also prohibited to allow third parties to use the images without the expressed written consent of Hip to Heart Photography and a payment of the appropriate fee as determined by Hip to Heart Photography.
If the Client posts any images on social media or anywhere online, no filters are to be applied to images and no crops made wherever possible as this changes the carefully crafted look and style of the Photographer's work.
Clients who permit third parties to use Hip to Heart Photography’s images without proper authority will be issued with a breach of copyright notice and required to pay compensation per image used. The supplier will also be issued with a breach of copyright notice and required to pay compensation per image used.
7. ARTISTIC STYLE
On its own behalf, and on behalf of the subject, the Client acknowledges that it is familiar with the Photographer’s portfolio, has viewed blog posts containing a wide range of images from previous shoots and is requesting Services with knowledge of the Photographer’s style; that the Photographer’s work is constantly evolving; that the Photographer’s services are of unique and artistic nature; that the photos may be different from photographs taken by the Photographer in the past; and that in creating the photos, the Photographer shall use her personal artistic judgement to create images consistent with her personal vision, which may be different from the Client’s vision of the event. Accordingly, the Client acknowledges that the photographs shall not be subject to rejection on the basis of taste or aesthetic criteria. The Photographer has no control over the weather and can’t be held responsible for images that differ from past shoots in the gallery due to availability of sunlight, mist or colours which may have been present during past shoots. The Photographer will advise on locations for portraits and other shots, and should the Client choose to ignore any advice or suggestions given and are unhappy with the final results, the Photographer will not be obligated to rectify the issue after the event. No digital alterations of your reality on the day will be made during the editing process. No airbrushing will be done during the editing process. These edits lie outside the services offered by the Photographer and are not part of the Photographer’s photographic style.
8. PERSONAL ACCIDENT
Any directions issued to Clients during a photographic shoot are deemed to be at said person’s own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
All image sizes are nominal. The Photographer will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man made fibres. It is sometimes impossible to record on film the exact colour as seen by the human eye. Hip to Heart Photography cannot accept any responsibility or liability for colour balance or quality of any prints reproduced from the gallery or the USB memory stick that she supplies or by Third Party Printers such as high street photo processing shops. Due to limitations of computer monitors and variations of computer operating systems, it is understood that images viewed via this method may appear differently according to the specification of each monitor/computer and that prints may not match images rendered on any particular computer monitor.
11. GOVERNING LAW & JURISDICTION
The parties irrevocably agree any dispute arising out of this contract shall be governed and construed in accordance with English Law and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.