AGREEMENT TERMS & CONDITIONS
A signed copy of this agreement is required to complete your Digital Memory Image.
A minimum fee of £25.00 is required in full for each Digital Memory Image. An additional fee of £10.00 is required per additional person. All fees are non refundable, it being the agreed loss suffered by the photographer due to cancellation. All fees must be paid in full within 24 hours of booking via bank transfer. If the photographer fails to complete a Digital Memory Image, the fee shall be refunded to the client.
Payments must be made via bank transfer. We do not hold responsibility for delays caused by late payments.
The charges in this contract are based on the photographers standard price list. This price list is adjusted periodically and future bookings or orders shall be charged at the prices in effect at the time the booking or order is placed.
Digital Memory images may take up to 7 days to complete, although this can sometimes take longer for larger images and busier periods of the year. If you require your images for a certain date please book well in advance and also inform the Photographer.
Client will then be sent a link and password to access their online gallery to view their Digital Memory and download the image straight away.
Photographer retains the right to edit the photographs as she sees fit based on experience and expertise.
Photographer can not be held responsible for delays in gallery preparation caused by computer equipment or editorial program failure.
Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs. In the event of a cancellation of the booking/agreement by Client, all monies paid are non-refundable. It being the agreed loss suffered by the photographer due to cancellation.
In the unlikely event the Photographer is injured or becomes too ill to work, all monies paid shall be refunded to the client.
Overrun Editing Time:
The Photographer reserves the right to charge for additional editing time (additional to the package selected) at a rate of £10 per hour if the files supplied by the Client are deemed more difficult to use by the Photographer (e.g more editing involved) inorder to create the Digital Memory Image.
Client agrees that he/she owns the rights to and/or has permision from the owner to upload the images that will be used to create the Digital Memory Image. By uploading the images to this agreement, the client agrees and gives full permision to the Photographer for her to use and edit the images.
Photographer does not own the copyright to any uploaded orginal files however, the Photographer will own copyright to the digital image that she created from the originals.
The client shall assist and cooperate with the photographer in obtaining the desired image. Client and/or other key individuals will be respectful to photographer.
Photographer has the right to cancel a booking, without refund, if there is lack of cooperation or respect.
All images and copyrights are the property of Deana Hall Photography (“Photographer”). The 1988 Copyright Act assigns the copyright of the images to the photographer. It is contrary to the act, and therefore illegal to copy any images created under this agreement, or allow them to be copied, by any means photographic, computer, internet or otherwise, by any person or machine other than by the photographer or without her consent or print release form.
Photographer agrees to grant these image rights to the client with a non-exclusive, limited, perpetual license.
This license allows the client to do the following with the images:
- Display the images;
- Print the images;
- Upload, email, or electronically transfer the images or files; and,
- Polish the images on personal websites or social media websites
Client is obtaining prints for personal use only, and shall not sell said prints. Your license does not include use that results in financial gain, including but not limited to, advertising, stock photography, print sale profits, or resale of any nature. Prints for publication (such as editorial, public relations or advertising use) require prior written consent from Photographer. A credit line which reads “Deana Hall Photography” in type no smaller than that of the related text must appear adjacent to or within all permitted published photographs.
Client may not under any circumstances alter, edit or change images in any way that would make them look any different from the original file that was received, which includes but is not limited to, photo editing apps and filters such as Instagram. This would not be a true representation of Deana Hall Photography’s professional work. Photographer may revoke this license at any time for any reason.
The client retains the right to partial or complete gallery privacy, therefore the Photographer will ask for your written consent (Signature) to use any/all images created under this agreement, for the general public, for any reason, including but not limited to: website, social media, studio samples, advertising, marketing, sales, print competition, educational seminars, and monetary gain. The mediums for display could include newspapers, magazines, books, television, and the internet but are not limited to only those mediums. The Photographer retains these rights indefinitely.
Limit Of Liability:
Deana Hall Photography take the utmost care with respect to the exposure and retouching of digital edits. However, in the unlikely event that all the clients originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control, Photographer’s liability is limited to the refund of all payments received.
In the unlikely event of a total photographic failure or cancellations 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 booking. Neither party shall be liable for indirect or consequential loss.
All edited images delivered via Client’s online gallery are stored for a minimum of 6 months after which future storage is at the sole discretion of the Photographer. Deana Hall Photography reserves the right after this set period to delete all or any images without notifying the Client.
After receiving purchased Digital Memory Images, it is the clients responsibility to download the image from their gallery. The Client is responsible for making a back up of all photos. Please ensure that you make multiple copies on your computer, cloud or any other storage.
Retouching, Conversions and Digital Files:
Standard retouching is included in the fee. Standard retouching includes cropping, feathering, adjusting, cleaning, sharpening, positioning and colour adjustments.
Not included is complex retouching: hair colour changes or adjustments, extreme scarring, tattoos, laugh lines, nail colour, and body-shaping. Photographer has the right to refuse any requested edits to the images.
Deana Hall Photography can not be held responsible for poor quality prints from printing machines, shops or online printing companies. The Photographer can provide you with professional prints from trusted companies.
This Contract is not to be construed as an employment agreement in any way. The Photographer functions as an independent contractor.
This agreement contains the entire understanding between Photographer and Client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties.
If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived. This constitutes a order for an Individual Photography Session or Multi-Session Package.
The undersigned have read and understood the contract and agree to the terms and conditions in their entirety.