Terms and Conditions October 2013
This Agreement is made effective for all purposes in all respects as of ____________ (current date) by and between Matthew Smart Photography, hereinafter referred to as “the COMPANY” and _____________, hereinafter referred to as “The CLIENT” relating to the event(s) detailed below, hereinafter referred to as “The EVENT(S).
ENTIRE AGREEMENT: This agreement contains the entire understanding between the COMPANY and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
RESERVATION: A signed contract and deposit fee (20%) are required to reserve the dates and times of the EVENT(S). If the EVENT(S) are rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, the deposit fee is non-refundable and shall be liquidated damages to The COMPANY. The CLIENT shall also be responsible for payment for any of the COMPANY’s materials charges incurred up to time of cancellation.
EVENT SCHEDULE: The client agrees to confirm the schedule one-week prior to the EVENT(S). Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the COMPANY by the CLIENT.
SAFETY: The COMPANY reserves to right to terminate coverage and leave the location of the EVENT(S) if the photographer from the COMPANY experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT(S); or in the event that the safety of the photographer from the COMPANY is in question.
SHOOTING TIME / ADDITIONS: The CLIENT and the COMPANY agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the EVENT(S), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT.
EXPENSES INCURRED: When applicable, the CLIENT is responsible for all travel, accommodation, meal and transport costs unless provided by the CLIENT.TRAVEL EXPENSES: All travel expenses are based on the distance between the EVENT location(s) and the COMPANY studio address. For all EVENT(S), the first 50 miles round-trip of travel are included. All miles in excess of 50 miles round-trip are charged at £0.40 per mile.
RESPONSIBILITIES: The COMPANY is not responsible for compromised coverage due to causes beyond the control of the COMPANY including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the COMPANY, rendering of decorations, or restrictions of the locations. The COMPANY is not responsible for backgrounds or lighting conditions that may negatively impact or restrict the photo coverage. The COMPANY is not held liable for missed coverage of any part of the EVENT(S). The COMPANY will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT(S).
VENUE AND LOCATION LIMITATIONS: The COMPANY is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the COMPANY. Negotiation with the officials for moderation of guidelines is the CLIENT’s responsibility; the COMPANY will offer technical recommendations only.
PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the COMPANY will be performing services.
FILM and COPYRIGHTS: The photographs produced by the COMPANY are protected by Copyright Laws (all rights reserved) and may not be reproduced in any manner without the COMPANY’s explicitly written permission. If the CLIENT has purchased an “Image DVD” from the COMPANY, upon final payment by the CLIENT, limited copyright ownership of the resulting images will be transferred to the CLIENT. If the CLIENT has purchased an “Image DVD” from the COMPANY, the COMPANY grants the CLIENT permission to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to the COMPANY. The CLIENT must obtain written permission from the COMPANY prior to publishing or selling the photographs.
PRINT QUALITY: The COMPANY is committed to using high quality products. However, Client is aware that colour dyes, inks, and other materials, used in photography may fade or discolour over time. As such, Client releases the COMPANY and his contractors, and representatives, from any liability for any claims, damages, or costs, arising from any fading or discolouration of any photographic prints.
DIGITAL FILE QUALITY: the COMPANY is committed to providing high quality services. Unless otherwise specified on the reverse side of this Agreement, the COMPANY may deliver, and Client agrees to accept, the Image(s) encoded in an industry-standard data format that the COMPANY may select, at a resolution that the COMPANY determines will be suitable to the reproduction technology and use(s) for which the Image(s) is licenced.
The COMPANY uses cameras and monitors that are colour calibrated to industry standards. But due to variances in other monitors, software and computer platforms, the Image(s) may display differently on other monitors. Therefore, neutrals will be set for mathematical neutrality and colour will be adjusted for pleasing tonalities.
It is Client’s responsibility to verify that the digital data, including colour profile, if provided, are suitable for reproduction of the expected quality and colour accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, the COMPANY’s sole obligation will be to replace or repair the data, but in no event will the COMPANY be liable for poor reproduction quality, delays, losses, expenses, or consequential damages, resulting directly, or indirectly, from defects or errors in digital files or their use.
MODEL RELEASE: The CLIENT hereby assigns the COMPANY the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images.
LIMIT OF LIABILITY: In the unlikely event that the assigned photographer from the COMPANY is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the COMPANY, the COMPANY will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the EVENT(S).
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the COMPANY’s control, including but not limited to camera, hard drive, or equipment malfunction, the COMPANY liability is limited to the return of all payments received for the EVENT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. The COMPANY is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
CAPTURE AND DELIVERY: The COMPANY is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of the COMPANY.
POST PRODUCTION AND EDITING: The final postproduction and editing styles, effects, and overall look of the images are left to the discretion of the COMPANY.
PAYMENT SCHEDULE: The aforementioned 20% non-refundable deposit fee is due at the time of signing of agreement. By paying the deposit by electronic means and/or the agreement cannot be signed for any reason when deposit is paid, the terms and conditions still apply. By paying the deposit you hereby confirm your understanding of this agreement and are aware deposit is non refundable. The remaining balance is payable in full prior to but not less than 7 days of the EVENT(S). In the event the CLIENT fails to remit payment as specified, the COMPANY shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the EVENT(S).
PRICING: Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from the COMPANY
PERMISSION: The COMPANY reserve the right to use all captured material (film, digital, electronic or otherwise) for the use the COMPANY e.g. Advertising, Marketing and any other Print work (wall art/albums etc)
SPECIAL OFFERS: Where a special offer exists, even as a permanent fixture or a 'while stocks last' promotion, Matthew Smart Photography reserve the right to withdraw/amend at any time - with no notice needed. Wedding photography extras including family portraits and engagements shoots available after wedding ceremony.
COMPETITIONS: Where a competition exists, Matthew Smart Photography reserve the right to withdraw/amend at any time - with no notice needed. As competitions include promotion through Facebook and other digital, national and international media, winners who live outside the United Kingdom may be charged for overseas travel/delivery. When applicable, the CLIENT is responsible for all travel, accommodation, meal and transport costs unless provided by the CLIENT.TRAVEL EXPENSES: All travel expenses are based on the distance between the EVENT location(s) and the COMPANY studio address. For all EVENT(S), the first 50 miles round-trip of travel are included. All miles in excess of 50 miles round-trip are charged at £0.40 per mile.
Matthew Smart Photography offer services such as 'Shoots taken in a location of your choice'. The cost of the service being providing does not not include mileage over 50 miles, the first 50 miles are free. If your location of choice is further than 50 miles, All miles in excess of 50 miles round-trip are charged at £0.40 per mile. If your location of choice is over seas, costs and expenses are to be met by the CLIENT.
Facebook 400 likes further terms and conditions. All aspects of these previous terms exist, with special mention to the following...
The chance of winning a home studios session (from now on known as 'the session’) may be withdrawn at anytime without notice. This is a random prize draw that will be completed once www.facebook.com/matthewsmartphotography has reached 400 likes. The winner of the session must have the session within a 50mile round trip of WV10. If the winner wishes to have the session outside of this catchment area the winner will pay a £0.40pence per mile (outside the 50mile round trip) expenses fee. Matthew Smart Photography owns full copyright over all images in all aspects of the session. The winner/person using the session understands that all photos will be used in all aspects (digital and print) of marketing. We will never sell your personal details to 3rd parties.