The Photographer
Name: Sonya Duncan
Address: 2, Moat Lane New Buckenham, NR16 2AU
Telephone: 01953861244
Email: sonyaduncan@sonyaduncanphotography.co.uk
Definitions
“Image” shall be defined as a digital image, digital scan, photograph, transparency, negative, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction.
“Reproduction” shall be defined as any form of publication or copying of the whole or part of any image and whether or not altered by printing, photography, slide projection (whether or not to an audience), xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means.
“The Client(s)” shall be defined as the person(s) listed above (Parent(s)).
“The Photographer” shall be defined as Sonya Duncan of Sonya Duncan Photography
The Contract
It is agreed that the terms set out in this contract are the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties.
The Client(s) affirm(s) that The Client(s) is/are at least 18 years old and has the capacity to enter into a contract with Sonya Duncan Photography.
Reservation
Upon your signature Sonya Duncan Photography will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the full and final fee is non-refundable, even if the date is changed or the photo shoot cancelled for any reason, including acts of God, fire, strike and/or extreme weather. The full fee is to be paid at time of signing the contract. The full fee is applied towards the contracted family photography package. The Client(s) understand(s) and agree(s) that the entire amount owed for the family photography package described in the contract is due on the booking date when signing the contract unless discussed with Sonya Duncan Photography and a Save The Date fee is applied with full and final payment due one month before the contracted photoshoot date.
Change of Dates
If after a contract is signed The Client(s) changes the family shoot date there will be no charge to move to the new date if there is no scheduling conflict. If, however, another person has already secured that same day, or Sonya Duncan Photography is not available for other reasons, then the contract is cancelled and the family shoot fee is non refundable.
Photographic Services
The Photographer agrees to be in attendance on the date shown and to provide The Client(s) with the photographic package as indicated below, if the Photographer is unable to attend a suitable replacement will be recommended. The Photographer agrees that every effort will be made to provide the highest quality photographic services in the prevailing conditions.
Exclusive Photographer
Sonya Duncan Photography shall be the exclusive photographer retained by The Client(s) for the purpose of photographing The Client(s) photoshoot. Family and friends shall not interfere with the Photographer’s duties. This includes obstructing The Photographer’s frame during key moments, and photographing set-ups by The Photographer for the intention of obtaining an amateur portfolio.
Artistic Licence
In booking the Photographer, The Client(s) have taken into consideration the Photographer’s style and are granting Artistic Licence in all aspects relating to the photography of the Client(s)’s photoshoot.
The photographer’s judgement regarding the locations or poses and number of images taken shall be final. Due to the vagaries of the weather and the willingness of the subjects it may not be possible to capture all the images requested. If the subjects refuse or are reluctant to cooperate or conform to the suggestions of the photographer it might affect the final quality and artistic impression of the images produced for which the photographer will not be responsible. The photographer cannot be held responsible for the weather or the effect this may have on the images.
Photo Cooperation
If the Photographer is unable to perform the session due to baby’s/child’s disposition, condition, or circumstances listed within this contract, the Client shall be allowed to reschedule at Photographer’s discretion.
Time
In the event that the client is delayed due to family emergency, travel or other elements out of Sonya Duncan Photography’s control, missed photo opportunities will not be the responsibility of Sonya Duncan Photography.
Previews and Delivery
Although the Photographer will do her best to produce more images than as discussed with The Client(s) there is no guarantee that any particular number of images will be produced. The photographer will deliver the preview images within 4 weeks after the photoshoot. The Client(s) must approve of the images or submit any amendments within 7 days of the preview. If the Client(s) does not do so this will delay the delivery of the final product and the Photographer will not be held responsible for any delays.
Copyright
The Photographer retains the entire copyright in all the images created by the Photographer at all times throughout the world.
The Photographer asserts both her moral right to be identified as the author of her work and the right to a credit. These rights are asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988.
No addition to, deletion from or alternation to or adaptation of an image supplied to the Client may be made without the written permission of the Photographer.
The Client agrees that any images produced by the Photographer may be submitted to any photographic exhibition or competition, or to any newspaper, magazine or other periodical, or photography books, and published on the Photographer’s website. blog and other websites or blogs, or by any other means, with a view to publication, display in a portfolio of work, or otherwise used by the Photographer to promote her business.
Image Usage
The Client is granted a license to use and reproduce the images for personal use. The Client may not assign or transfer this license. Images may be used on personal web sites as long as a copyright notice appears near the images stating that they were taken by Sonya Duncan and www.sonyaduncanphotography.co.uk is placed onto the website. The Client must agree an additional payment with the Photographer if The Client wishes to use the images for commercial use or any other use other than for the personal enjoyment of The Client, Client’s friends or family.
Liability
Sonya Duncan Photography warrants and declares that every effort will be made to provide high quality photographic services. In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. Sonya Duncan Photography will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package.
Sonya Duncan Photography takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment and professional-grade backup equipment. However, in the unlikely event of The Client’s photographs being lost, stolen or destroyed for reasons within or beyond Sonya Duncan Photography’s control, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price stated herein. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
The Client is aware that colour dyes in photography may fade or discolour over time due to the inherent qualities of dyes, and The Client releases the Photographer from any liability for any claims whatsoever based upon fading of discolouration due to such inherent qualities.
The Photographer shall not be responsible for how images render on websites and how they display on different computer screens.
Model Release: The Client(s) hereby grants The Photographer the irrevocable and unrestricted right to use and publish photographs of the client(s) or in which the client(s) may be included for editorial, trade, advertising or any other purpose and in any manner and/or medium considered standard by the wedding industry. Such mediums/purposes include, but are not limited to: advertising, internet promotion, photographic contests, public displays, photography books, wedding blogs, studio display, sample wedding albums, and any other use thought proper by The Photographer and considered standard by the wedding industry. The Client(s) will notify guests that their photographs will be used as stated above. You can opt in/out of specific usage in the Consent section of this contract.
Further details or any other information about the use, storage and removal of your data can be obtained by emailing sonyaduncan@hotmail.co.uk.
Cancellation
The client may cancel this contract at any time by giving written notice to Sonya Duncan Photography, but in doing so shall forfeit any money paid. Should Sonya Duncan Photography receive cancellation less than 7 days prior to the date of the photoshoot, the client shall still be required the pay the full value of their the contract. The said sum shall be payable as compensation as an estimate of the loss of business Sonya Duncan Photography would suffer.
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.
Complaints
Any complaints should be raised by The Client(s) with the Photographer, in writing, within 28 days of receiving the preview images or the final product as specified in this agreement.
Archiving
The Photographer will make every effort to archive the images indefinitely. However, the Photographer makes no warranty about the nature of her archive past the date of the delivery of the first order. The Photographer shall only remain responsible for archiving images for 12 months after the date of the photoshoot The Client should treat the delivered images carefully and in case of digital files it is recommended you keep a safe copy on your own devices.
Amendments
This contract has been freely negotiated and shall be recognised as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by The Client(s) and Sonya Duncan Photography at the time of acceptance of this contract shall be recognised as amendments to this contract.