Terms & Conditions

In the following terms & conditions “the photographer” shall mean Jessica Shurte trading as Jessica Shurte Photography. “The client(s)” shall be those persons defined as the client described on the booking form and/or invoice. These terms and conditions cannot be varied in any way by the client(s) unless such conditions are expressly agreed by the photographer in writing.

 

1. Copyright

Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright, Designs and Patents Act 1988. It is contrary to the Act to copy or allow to be copied photographically/electronically or by any other means an image created as part of this contract without the permission of The Photographer/s in writing. Jessica Shurte & Jessica Shurte Photography will continue to own the photo image created. The purchaser is not free to make other copies of the image, resell the image or otherwise distribute the image except under the conditions agreed to during the purchase.

2. Website Display & Promotional Usage

The client(s) hereby allow the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, portfolio & sample albums etc.

The photographer will aim to keep these photographs safe from any malicious activity but cannot be held liable or accountable for malicious actions carried out by persons other than Jessica Shurte Photography employees.

3. Use

The License to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission in writing. Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation. 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 agreed.

Note: A written agreement must be reached with the Photographer before the Photographs may be used for other purposes. Where uses of an image are made which breach the licence to use further charges will be made. Any reproduction rights granted are by way of licence only and no partial or other assignment of copyright shall be implied.

 4. Exclusivity

Unless agreed to in writing on the License to Use and the Invoice no exclusivity is given or implied to The Agency and/or The Client. The Photographer retains the right in all cases to use or sell the Photographs. Exclusivity will not be unreasonably withheld but only on written agreement with the Photographer before work commences.

5. Client Confidentiality

The Photographer will keep confidential and will not disclose to any third parties or make use of information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.

6. Supply to Third Parties

The licence only applies to the Client and product stated on the Licence to Use.

7. Licence

The Photographer shall be granted artistic licence in relation to the poses photographed, the location used and digital retouching. The Photographers’ judgement regarding the locations, poses and number of photographs taken shall be deemed to be correct.

8. Ownership of Materials

Title to all Photographs remains the property of the Photographer. (b) When the License to Use has expired the Photographs must be 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.

9. Photographs and Images

All photograph and image sizes are nominal. The Photographer will provide a pleasing colour balance but cannot guarantee exact colour matching. In the case of part mono/part colour images, the colours used will be subject to the photographer’s artistic interpretation and will be deemed to be correct. All photographs supplied by Jessica Shurte 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. Jessica Shurte Photography cannot accept any responsibility for this gradual image deterioration. All pictures purchased are presumed to have been received in good condition unless the Client notifies Jessica Shurte Photography in writing of any discrepancy or error within 14 days of receipt.

10. Rejection

Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.

11. Booking Fee

A non-refundable booking fee or deposit can be charged when the client agrees this contract, this fee is 20% of the quoted price and is deducted (in full) from the total price. The booking fee secures the time and services of the photographer for the shoot and is non-refundable or transferable in the event of cancellation.

12. Payment

The remaining balance (minus the booking fee) is be due in cleared funds 14 days prior to the date of the shoot day or an agreed date with the client.

13. Cancellation

Cancellation less than 8 weeks prior to date of the shoot will result in payment in full for the complete photographic coverage booked. Where no package has been specified it will be deemed that the client(s) have chosen a package to the value of £500.00 unless the amount quoted is less than £500.00. The client(s) are hereby advised to take out an appropriate insurance policy to cover any expenses incurred in the event of cancellation. All cancellations must be in writing. When a shoot has been postponed (rather than cancelled) to a later date the photographer will retain the fee as long as the photographer can re-schedule for the new date and time. Where the photographer is able to re-book the date with an equivalent booking then the cancellation fee will be reduced to the original booking fee. Prices, all services and/or goods are supplied at the current prices ruling at the time of each individual payment and are subject to change without prior notice.

14. Refund Policy

The photographer will not refund, nor accept the return of/refusal to pay charges for, any technically acceptable photograph supplied either in print or in electronic format. No exception can be made as we cannot be held responsible for individual tastes or exceptions.

15. Retouching

Retouching and artist finishing is available as an optional extra and the final output and finish of any image that is re-touched will be at the photographer’s discretion. Storage of Images Original digital images are kept on an active file for three months, after which time the raw images are stored in a secure location (access to these images is solely limited to the photographer). Raw image files will not be deleted unless expressly requested to do so by the client.

16. Force Majeure or Act of God

The photographer will endeavour to put the client(s) in touch with another photographer in the event they are unable to attend on the shooting date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding etc. In the event of 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.

17. Liability

The Photographer shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or for any loss to our customers arising from delay in transit. Where work is defective for any reason, including negligence, the photographer's liability (if any) shall be limited to rectifying such defect.

18. Personal Accident

Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.

19. Complaints

Any complaints should first be raised by the client with the photographer in writing within 14 days from the date of receipt of images.

20. Law

These Terms and Conditions shall be governed and construed in accordance with the Laws of Scotland.

 

 

The Photographer reserves the right to amend these Terms and Conditions without prior notice.

Please get in touch if you would like to discuss your shoot.