TERMS AND CONDITIONS

Definitions

For the purposes of this agreement, “The Photographer” and “Videographer” is Fiona Madden trading as Fiona Madden Photography and “the Client” is the individual or company booking the services of Fiona Madden Photography.

“Images” means any images furnished by The Photographer, whether photographs, prints, video clips or other type of physical or electronic material”.

Booking 

All shoot dates and times are subject to availability and are allocated on a first-come first served basis. As a first-time client, to secure an available shoot date and time, the Photographer will require payment of the stated deposit fee from the Client at the time of booking the shoot. In order to secure an appointment, the Client will be required to complete our Booking Form online. On receipt of the completed booking form, the Photographer will send an email as confirmation. The booking will then be considered confirmed.  Once the Client has made a booking for a specific time and date and this date/time has been confirmed by the Photographer, the Photographer will not accept any other work from other clients for those times and dates.  There is a mutual understanding between The Client and The Photographer that punctuality is important and respected by all parties.  Bookings for photography shoots must be made by persons aged of 18 or over. All subjects aged 17 or under must be accompanied and supervised at all times by a parent or legal guardian.

Pricing, fees and additions.

The Photographer provides a quote to the Client, the fee will be charged at that agreed rate. The Photographer generally requests a summary of what is required at the time of booking (via email or verbally). Where extra expenses or time are incurred or needed by the Photographer as a result of alterations to the original brief by the Client or otherwise at their request, the Photographer will reserve the right to charge the Client extra expenses and fees.  If The Client changes the length of the job, the fee will increase as per the agreed hourly rate.  If The Client is delayed or running late and the job runs into extra time again the fee will increase as per the agreed hourly rate.  The Photographer will make The Client aware of timings and should the work run into extra time he will make the client aware of this and the associated costs.  If it becomes apparent when the job starts that it is much bigger or different job to the agreed brief it will be made clear to the Client that The Photographer’s fee may increase. If the Photographer is unable to contact the client/payer of invoice at that time work will stop until contact has been made. On the occasion that incorrect information is given by the Client regarding a booking (wrong location, wrong time etc.) or the Client fails to arrive at the agreed location/time, the full fee will be charged to the Client. 

What this means for you

If we make a date, let’s keep it.  Unless you cant!  Let’s rearrange.  It’s ok, I know life happens.  The bookings are confirmed once I check the space is available.  If it’s not, I’ll let you know and we’ll pick another time.   I do my best to always be on time, It would be great if you could too.  If you are late, you may be eating into another clients time.  I value your time and theirs so please contact me if there is a change.   The price agreed is indeed the price agreed at the time.  If there is something extra, that will cost extra. 

Copyright, Ownership of Materials and Usage

The entire copyright, title, and intellectual property rights of any Images and video clips will remain that of The Photographer at all times throughout the world.  On instances where the Client purchases high resolution images in an electronic format, the copyright remains with The Photographer, but the Client is granted a licence to make unlimited reproductions of the purchased images for personal and non-commercial purposes. The Client is not permitted to sell on, charge for or allow the photographs and video clips to be used by a third party (including commercial organisations) without written permission of the Photographer. Reproduction fees may be applicable.  All original negatives, transparencies and digital files remain the property of the Photographer.  Client shall not make or permit any alterations, whether by adding or removing material from the Work, without the permission of the Photographer. Alterations shall be deemed to include the addition of any illustrations, photographs, sound, text, or computerized effects.

What this means for you

If I complete work for you, the work is indeed for you.  Please don’t give my work to other companies or persons without my permission.  I own the copyright to the photographs and video clips.  They are given to you to use, as in a “personal” type licence or commercial licence for your business.  You cannot give them to someone else for commercial use without my permission.  Please don’t alter them and reuse them somewhere else.  Call me, lets talk, we can sort anything out!

Cancellation or Rescheduling of Shoots 

The Client may cancel/reschedule their shoot and have a refund of any sitting fees paid, providing they give the Photographer a minimum of 3 days notice in writing.  If the Client gives less than 3 days notice,  the Photographer will at her discretion charge a fee for postponement.  In addition, the client may be charged for any expenses incurred by The Photographer as a result of cancellation or postponement.  In the event of photographic failure or due to any acts or events beyond the Photographers control, including (but not limited to) death, illness, act of God, breakdown, inclement weather, catastrophic loss of data or the failure to deliver goods and services provided by the Photographers suppliers or sub-contractors, the Photographers liability will be limited to the refund of any shoot fees paid. The Photographer will endeavour to put the Client in touch with another photographer suitable for their event or reschedule according to both party’s availability.   

What this means for you

Bad things happen, this covers me.   I will of course attempt to find you an alternative photographer/videographer if for some reason I cannot do my work.

Liability

The Photographer shall not be liable for any economic loss, loss of profit, loss of business or any claims for consequential compensation however caused. In all cases The Photographers liability shall be limited to a refund of shoot fees paid. Clients shall be responsible for obtaining any necessary permits or permissions and paying any associated fees, and Photographer will not be held liable for any losses occurring because of missing permits or permissions.  It is the Client who must satisfy him/herself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that The Photographer gives no warranty or undertaking that any such rights, model releases or consents have been or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any picture.  In the event that the Image issued or reproduced by or with the authority of the Client does not have the necessary rights, releases or consents, then the Client shall indemnify The Photographer against all expenses, damages, claims, or legal costs arising out of any such failure.

What this means for you

Permits are always the responsibility of the client.  You must ask people for permission to take their photo or use their location.  It’s just the way it is.  It is best practice to have a model release for anyone featured in your shoot/video.  This is your responsibility.  If you don’t, I cannot be held responsible.

Client Personal Information 

The Photographer will store the Client’s name and address details on a private database. The Photographer will not make these details available to third parties, unless required to do so by law

Weddings & Personal shoots

The photographer shall endeavour to photograph or video all individuals as specifically requested by the client at some point during the shoot. No responsibility or liability will be taken by the photographer on the occasion of leaving somebody out.   For a booking involving a church ceremony or at a particular setting, my movements are sometimes restricted by a particular person in charge. The area in which I may be able to cover may not be my choice and I cannot accept responsibility or liability for any viewpoint that was not gathered in this case.  The use of flash may be restricted in some circumstances. The shooting of parts or even all of the ceremony may be restricted for this reason. Unless you advise me otherwise, I will assume all persons attending the wedding have consented to being filmed.  My equipment is fully professional and well maintained.  I have two film cameras on the day in case there is a failure with one system, I may move straight onto the other.   I cannot be held responsible for any camera equipment failure, noise issues or venue restrictions that inhibit me from doing my job.  I always aim to be as discreet as possible during the day and work alongside the photographer/videographer.  I follow the events of the day as they happen and therefore, I am not in control of the setting.  This may lead to some images in very bright daylight or partial/temporary obstruction of subjects being filmed or issues of low sound. I may be unable to take footage if the other photographer/videographer is not willing to allow filming/photographing  when they are working.  I aim to record as much as possible during the day. I cannot guarantee a minimum amount of footage/photos that will be taken on the day or a minimum length for a couple’s film.  This is indeed the nature of a live event and I will do everything to make sure each moment is captured without intrusion.   Drone imagery/video is captured once the drone can safely be launched within its limitations (wind and weather permitting, as well as local zone and no fly zone restrictions).   Some venues do not allow drones at their site.   Safe distances from all people and buildings will be maintained and the drone cannot fly directly overhead of a mass group of people for safety reasons.  If for any reason I feel that it is unsafe to fly on the day the decision is final.

What this means for you

Some people hide, duck or even run from me as they don’t like their picture being taken.  That’s why I became the photographer!  If someone does not want to be in the video or photos, please do let me know.  I will do my best to get everyone else in the shot but the events of the day, environment and amount of people I can photograph are not limitless.   I am a one woman machine, so I will do my best, but cannot be held responsible if I miss out on someone.    I have two cameras, in case one fails.  This lowers the risk of missing out on the day.  

Payment Terms and Payment

Client agrees to pay upfront on the first project with the photographer. Otherwise thereafter, client agrees to pay the Photographer within 14 days of the date of Photographer’s billing, which shall be dated as of the date of delivery of the Work. Unless otherwise agreed with Client. Overdue payments shall be subject to interest charges of 10% percent monthly.

What this means for you

If you are a first time client, you must pay upfront.  The entire fee.  I don’t know you yet, when we become bestie’s you will have to pay me after 14 days of the date of the shoot.    If you don’t pay me, that’s not cool and I’ll reserve the right to charge additionally. 

Public Display, Marketing and Promotion

The Photographer reserves the right to publicly display and use any of the photographs/video clips taken during the Client’s shoot for marketing, promotional, competitions, exhibitions, social media and editorial purposes.  If the Client prefers not to have the photographs put on public display, they should inform the Photographer in writing. 

What this means for you.

If I take nice photos or video clips of you, I would like to show other people!  People like to see work examples.  It is helpful for me to use the images or video clips to promote myself and make everyone look great so I can take more.  If you don’t want to be on my Instagram, website or promo materials, that’s ok.  Just tell me.  I will probably still like you.

Archiving of Images

All final images will be stored and archived by The Photographer for 1 year.  If archived photographs are required after that time or additional storage time is required an admin. fee may be charged. 

What this means for you

When I send you the photos or video clips, please store them carefully.  Bad things happen, hard drives can fail, my computer could blow up.   I can root them out for you, it may take some time but we’ll get there.

Right to a Credit

The Photographer asserts both her moral right to be identified as the author of her work and the right to a credit (where possible) is asserted.

What this means for you

If I have taken a nice photo of you, please tag me.  It really helps me gain more business.   If you are happy to do so, great!  But again, I’ll probably still like you if you can’t tag me.

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