Julie Gibson Photography

Terms and Conditions of Service

Definitions.

For the purpose of this agreement “the CLIENT” shall where the context so admits include their respective assignees, sub-licensees and successor in title. In cases where the photographer’s client is a direct client (ie with no intermediary) all references in this agreement shall be interpreted as references to the photographer’s client. B) for the purpose of this agreement “the PHOTOGRAPHER” will mean the author of the photograph or Julie Gibson. And shall where the context so admits include their respective assignees, sub-licensees, and successor in title. C) “photographs” and “works” means all photographic material furnished by the photographer, whether transparencies, negatives, prints or digital files or any other type of physical or electronic material in existence now or yet to be developed. D) all contacts verbal or written are only accepted on the basis that the Terms & Conditions of the Photographer are the only ones applicable. E) Other Terms & Conditions proffered by the CLIENT are specifically excluded unless agreed in writing beforehand by the Photographer. F)Where time is of the essence the Photographer entirely at it’s own discretion may accept an instruction given orally, in this event the Photographer shall accept no liability for any error in executing the order. G) Unless the Photographer is given prior written notice by the CLIENT, the person placing or signing the order on behalf of the CLIENT is deemed to be authorised to do so. H) When a CLIENT’s Policy is not to rely on email confirmations, hard copy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law.

Copyright

The author always retains the entire copyright in the Photographs and Works, throughout the world and b) Where reproduction of Works has taken place and settlement has not been made, the Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.

Upon final payment by the CLIENT, The CLIENT is granted limited Licence to use and or display resulting images as outlined in the Usage Rights on PART 2 of this Document. Said Photographs and Works may not be altered or used in any manner outside what is prescribed on the contract without prior written permission of Julie Gibson Photography.

The CLIENT must obtain written Permission from and compensate the Photographer prior to the CLIENT, it’s associates, friends or relatives re-distributing or selling the Photographs and Works for any reason not prescribed in the contract.

Photographs and Works cannot be edited without permission from the Photographer prior.

Ownership of Materials

Title to all photographs and works remain the property of the Photographer. B) When the licence to use has expired the Photographs must ben returned to the Photographer in good condition within 30 days and any archived digital files destroyed. C) Title to any materials used in producing the Works is not transferred to the CLIENT upon payment of the invoice.

Photographs and Works

All photographs and image sizes are normal. The Photographer will provide pleasing colour balance but cannot guarantee exact colour matching. In the case of part mono/part colour images, the colours used will be subject the Photographer’s artistic interpretation and will be deemed to be correct. All photographs supplied by Julie Gibson Photography are produced to the highest standards using the best quality materials and latest processing techniques. However, all photographs will, in time, fade. This is particularly true if they are left in bright sunlight and are not behind glass. Julie Gibson Photography cannot accept any responsibility for this gradual image deterioration. All images purchased are presumed to have been received in good condition unless the CLIENT notifies Julie Gibson Photography in writing of any discrepancy or error within 14 days of receipt.

Use

The licence to use comes into effect from the date of payment of the relevant invoice(s) B) No use may be made of the Photographs before payment in full of the relevant invoice(s) or without the Photographer’s express permission in writing. C) Any permissions that may be given for prior use will automatically be revoked if full payment is not received by the due date or if the CLIENT is put into receivership or liquidation. D) where restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee to be mutually agree.

Force Majeure

The Photographer will endeavour to put the CLIENT(s) in touch with another photographer in the event they are unable to complete the session due to any cause beyond their responsible control eg. Sudden illness, injury, victim of crime, flooding, death, act of God etc. In the event of a cancellation by the Photographer, or in the very unlikely event of total photographic failure, liability shall be limited to a full refund of any fees paid.

If your session is unable to go ahead in any capacity due to flooding, fire, death, act of God etc, we will transfer any payments made to a new date should you reschedule. If the new date is cancelled by choice of the CLIENT the funds shall NOT be refunded.

Retainers and Payment Schedules

The CLIENT shall pay 50% of the full session fee at the time of signing their booking agreement. This is NON-REFUNDABLE retainer. In the even of cancellation from the CLIENT, the retainer paid is non-refundable. It shall be liquidated for any loss of earnings incurred. The CLIENT shall also be responsible for payment of any materials/charges incurred up to the time of cancellation which the Photographer has cost for their session. The retainer shall be applied towards the cost of the services rendered. The remaining charges are payable in full within 10 working days after from their invoice date. Once payment is cleared, the CLIENT will receive their images.

Client Confidentiality

A)The Photographer will keep confidential and will not disclose to any third parties or make use of information communicated to her in confidence for the purposes of the photography save as may be responsibly necessary to enable  the Photographer to carry out her obligations in relation to the commission. Please see our Privacy Policy on the website for more of our regulations following GDPR and CLIENT Confidentiality.

Indemnity.

It is the CLIENT who must satisfy themselves that all necessary rights, model releases, clearances or consents which may be required for the reproduction of people, places or items depicted within any Works are obtained. B) It is acknowledged that the Photographer gives no warranty or undertaking that any such rights, releases or consents are or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or Works of art depicted in any picture. C) The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed in writing before the shoot and any charges or costs for obtaining these are paid by the CLIENT. D) In all other cases the CLIENT shall indemnify the Photographer against all expenses, damages, claims, and legal costs arising out of any failure to obtain such clearances. E) The Photographer will not be liable for any loss or damage, for any consequential loss of profit or income however caused including negligence by the photographer, Julie Gibson, their assistant, agents or otherwise and it is the CLIENT’s responsibility to insure against such loss or damage.

Cooperation

The CLIENT and any parties linked to the session agree to cheerful cooperation and communication for the best possible result within the definition of the commission. The Photographer is not responsible if key individuals fail to appear or cooperate during the photography session or for missed images due to details not revealed to the Photographer. The Photographer shall use their own judgement regarding style and input in the production of photographs and works. This includes, but not limited to, locations, poses, lighting and number of images taken. The Photographer strives to provide the highest quality photographs, each hand edited to suit the requirements stated in the consultation requirements at the time of booking.  If models or individuals arrive to the commission shoot, under any substance influence, the Photographer has the right to cancel the commission and under their own discretion offer a reschedule date.

Coverage

The CLIENT(s) understands and accepts that the photographic coverage will be as our professional expertise determines and that not one photograph be deemed more important than another. Every effort will be made to comply with wishes. Any additional requests not notified on the booking form must be made by the CLIENT in writing. If at the editing stage, the CLIENT wishes to change ANY of the editing requirements, this can be done in writing ONCE and Free of charge when they view a sample image. Any additional amendments after this will occur an additional fee at DOUBLE RATE to change the editing process.

Proofs, prints and editing services

Any proofing product viewed are individually corrected for colour balance, density, contrast etc. No retouching will be applied to any proof image. All photographs that are subsequently ordered or used will receive individual attention in the form of retouching, enhancement, selective area adjustments, textures, highlighting key elements etc. Retouching means correcting various elements in the Photograph such as litter, distractions, minor physical flaws (brighten eyes, removal of blemishes and spots, and removal of stray hairs etc) Scars can be removed with the permission from the model. The Photographer is granted total artistic control over the final image and the CLIENT understands that these are the steps that the Photographer will take when referring to retouching.

Personal accident

Any directions issued to CLIENT’s, their guests, employees or models during a Photography session are deemed as to be at said person’s own risk. The Photographer cannot be held responsible for any personal accident during a session.

Prices

All services and/or goods are supplied at the current princes ruling at the time of each individual payment and are subject to change without prior notice. The Photographer is not VAT registered so VAT is not quoted (nor is it charged).

Complaints

Any complaints should be raised by the CLIENT with the Photographer in writing within 14 days from the date of receipt of Images. The CLIENT cannot leave any derogative or negative feedback comments for in person or online reviews while the Photographer works to resolved the issue.

Questions – Contact Us

If you have any questions or concerns about the Terms and Conditions of Service, please don’t hesitate to contact us at email:  Jules@juliegibsonphotography.com