TERMS AND CONDITIONS
It is agreed that the terms set out in this booking is the total agreement made between all parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
‘The Photographer(s)’ means Avidfoto.
‘The Client’ means any person, body of persons, firm or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.
On occasions and without notice it may be necessary for the originally assigned photographer to be substituted by another photographer (e.g. due to ill health).
Any special photographic requests should be notified in writing or email at the time of the booking.
The client understands and accepts that all photographs will be at the photographer’s professional discretion and expertise, and that no one photograph will be deemed more important than another. Special requests are not a binding instruction, although every effort is made to comply with the client’s wishes.
Any special requests not originally notified must be made by the client to the Avidfoto in writing or email.
Retouching and Post Processing
Avidfoto will perform a standard post processing technique to all images to take the photographs to a quality of which Avidfoto feels proud.
Further retouching, digital manipulation and artist finishing is available to the client as an optional extra fee unless already agreed beforehand.
It is ILLEGAL to copy, reproduce, or distribute these photographs or digital ﬁles elsewhere without the photographer’s written permission and until full payment has been received and cleared.
The intellectual property and copyright of all images taken will remain that of Avidfoto.
All digital files remain the property of Avidfoto and reserve the right to use for display, publication or other purposes.
Avidfoto shall be granted complete artistic licence in relation to the subject poses photographed and the locations used.
The photographer’s judgement regarding the locations and poses as well as the number of images taken shall be final.
It may not be possible to capture all the images requested due to any unexpected or inexplicable changes or due to the unwillingness of subjects.
Force Majeure or Act of God
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.
Proofs and Samplers
Although Avidfoto will do their best to produce more proofs or sampler images than as discussed with the client, there is no guarantee that any particular number of proofs or sampler images will be produced.
The client hereby allows the photographer(s) to display any images included in this contract in their studios, portfolios, literature, wedding, exhibitions and advertising including websites.
No use of the images will be made by the photographer(s) for other commercial reason except with the written permission of the client.
Images are normally available within two weeks of the completed photo-shoot unless stated otherwise in the contract. However certain times of year or large amounts of coverage may necessitate a longer waiting period.
Clients will have the exclusive opportunity during the ﬁrst week after the images are delivered to examine the pictures.
Festive Period Surcharge
Photo shoots booked for 24th/25th/26th/31st December and 1st January incur a 25% increase in standard quoted costs.
Prices and Terms
Avidfoto reserves the right to amend both Prices and Terms and Conditions without prior notice.
Payment of invoice(s) must be made within 7 days of the issue date of that invoice unless otherwise stipulated on the invoice.
Avidfoto reserves the right to withdraw account facilities and services without notice should the Client fail to pay any invoice(s) by the due date.
Fees and Expenses
All prices quoted to the Client apply only to the original quote or job description and specifications given to Avidfoto by the Client.
Avidfoto reserves the right to make additional charges for fees and expenses should these descriptions or specifications differ or change before or during the assignment.
Wherever possible, Avidfoto shall endeavour to provide an indication of what these additional charges will be.
The Client shall ensure that there is an authorised representative present at the assignment 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.
In the event of a cancellation of a contract the client must give 24 hours’ notice or be liable to pay a 10% cancellation fee.
The client may cancel this contract at any time by giving notice in writing or email to Avidfoto but will need to reschedule a suitable date and time between the client and Avidfoto.
Should cancellation be received by the photographer(s) on site or on route to the scheduled photo-shoot then a current rate of ‘First Initial One Hour’ fee will be charged to the client.
The said fee shall be payable as compensation as an estimate of the loss the photographer(s) would suffer.
Limitation of Liability
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 a full refund of any booking fees and fees paid and cancellation fees.
Re-shoots may be arranged if practicable but the photographer(s) will not be responsible for any further costs.
Any complaints should be raised by the client with Avidfoto, in writing within 7 days of first becoming aware of the matter to be complained of and in any event within 7 days of receipt of the images.
During photo-shoots where attendance is greater than 4 hrs, either food and beverages must be provided for all Avidfoto Photography staff or an uninterrupted break of 20 minutes rest break be given to all Avidfoto Photography staff.
I have read these conditions and abide by the terms of agreement set out in it.
I understand that the terms of this agreement cannot be changed unless agreed by both parties in writing.
(01 November 2013)