Terms and conditions

Mike Lester Photography

 

TERMS AND CONDITIONS OF CONTRACT

In the following conditions of contract “The Photographer(s)” or “MLP” shall mean Mike Lester or, subject to condition 7 below, any photographers appointed by Mike Lester. “The Client(s)” shall be those whose name appears on the contract. The due performance of the contract is subject to the conditions below and they cannot be varied in any way by The Client(s) unless such conditions are expressly agreed by The Photographer(s) in writing.

1. Copyright: The 1988 Copyright Act assigns the copyright of the photographs to The Photographer(s). It is therefore contrary to the Act, and illegal, to copy photographs, or allow to be copied, by any means photographic or otherwise, by any person or machine other than by The Photographer(s) or their appointed agents.

2. Display: The Client(s) hereby allow(s) The Photographer(s) to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles and other such material, providing that the images used are used lawfully and without damage to The Client(s).

3. Licence, Coverage and Reproduction:

a. The Photographer(s) shall be granted artistic licence in relation to the poses photographed and the locations used. The Photographer(s) judgement regarding the location, poses and number of photographs taken shall be deemed correct.

b. Photographs taken during the course of a booking will be at the discretion of The Photographer(s) although every effort will be made to comply with The Client(s) requirements.

c. The Photographer(s) shall endeavour to photograph all individuals as requested by The Client(s) at some point during the booking, but no responsibility will be taken by The Photographer(s) in the event of leaving somebody out.

d. For a booking involving a location, eg: a church ceremony, The Photographer(s) movements are sometimes restricted by the environment or persons in charge of the location such as the minister in charge. The area from which The Photographer(s) are able to photograph may not be The Photographer(s) choice and The Photographer(s) cannot accept responsibility for any obstructed view should this be the case.

e. For a wedding or other occasion booking The Photographer(s) shall endeavour to capture all the moments throughout the day as they occur. However, because of the nature of the event, as a one off, some unforeseen moments might not be recorded.

f. Please note that any alterations made to the booking by The Client(s) once details have been confirmed may only be made at the discretion of The Photographer(s) and in some circumstances (such as the change of ceremony date for a wedding booking) The Photographer(s) may be unable to accommodate these alterations due to a conflict of commitments. Under these circumstances The Photographer(s) are not liable to compensate The Client(s) in any way whatsoever.

g. Due to a variety of lighting conditions and the limitations of professional film or digital capture, some colours may alter slightly throughout a set of photographs. Please note that certain colours do not reproduce exactly on photographic film or paper.

h. It is understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not necessarily be facsimile over the whole range of colours within a subject. It is also understood that prints made at different times or in different sizes may be variable in colour balance.

i. All print and presentation sizes quoted are approximate and subject to the discretion of The Photographer(s).

j. Although all equipment is checked regularly The Photographer(s) will not be responsible for photographs that are not produced due to technical failure, either at the shooting or processing stage.

4. Prices:

a. Where the contracted date is no more than two months after the date of signing, all photographic services undertaken on that date are supplied at the prices ruling on the date of signing. The main reprint order, that is the remainder of the package booked, if placed within no more than one month of the contracted date is also supplied at the prices ruling on the date of signing. All additional reprint orders, including the main reprint order, if placed after one months of the contracted date, and small reprint orders placed at any time, are supplied at the prices ruling at that time.

b. The Client(s) will be liable to pay any additional expenses incurred by The Photographer(s) during the booking not already included within the contract price.

5. Payments:

a. Wedding Client(s) – a non-refundable booking fee of £300 (paid by Paypal, electronic bank transfer, cash or cheque) along with a completed contract will confirm your booking. Payment for the photographic coverage and album is payable in full four weeks prior to the contracted date. All additional goods are payable on ordering.

b. Private Client(s) – a non-refundable booking fee along with a fully completed order/booking form will confirm your booking. All photographic fees are payable in full a minimum of 7 calendar days prior to the date of shoot, training workshop or completed contract. Where applicable, booking fees are shown within the information for each style or package. All additional goods are payable on ordering (paid by Paypal, electronic bank transfer, cash or cheque)

c. Commercial/Business Clients – A non refundable deposit of 50% of the value of the initial order is required at the time of booking. New clients will be required to pay for all work before final, edited images are released or training commences. Existing clients will be invoiced for the balance of their order. Payment is required within 30 days of invoice.

d. Title to all goods remains the property of Mike Lester Photography until paid for in full by The Client(s).

e. Payments by Paypal, credit or debit card are subject ro a 2.5% surcharge.

6. Complaints:

In the unlikely event of any complaint with regards to our service, all complaints must be received in writing within seven days of collection/receipt of products purchased. This includes photographs, albums and frames.

7. Force Majeure:

a. The due performance of the contract is subject to alteration or cancellation by The Photographer(s) owing to any cause beyond their control (i.e. sudden illness/injury).

b. In the event of cancellation by The Photographer(s) or in the unlikely event of total photographic failure (although re-shoots may be arranged if practicable – The Photographer(s) will not be responsible for costs in order to stage such re-shoots), The Photographer(s) liability shall be limited to a full refund of any deposits and fees paid.

8. Negatives or digital files:

a. The negatives and digital files shall remain the property of The Photographer(s) and shall be kept by them for not less than 12 months from the contract date.

b. Should negatives or digital files be lost, damaged or destroyed for reasons beyond control The Photographer(s) liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received.

c. All orders should be placed with The Photographer(s) before the end of the 12 month period starting at the contract date. The Photographer(s) will not be liable for failure to produce any orders placed after this time.

9. Cancellation Fees: If The Client(s) should have to cancel a booking the following cancellation fees (as may be appropriate to their case) will become due immediately upon said cancellation.

a. Cancellation within one week of booking and more than four complete weeks to go until contract date – non- refundable booking fee will be retained by The Photographer( see clause 5).

b. Cancellation with less than four weeks to go until contract date – full price for the complete package booked will be payable by the client. 

c. Promotional Vouchers (eg: Groupon, Amazonlocal, Living Social, etc) – a minimum of Fourteen (14) calendar days notice is required for transfer of a booking to another course. Customers cancelling within the fourteen day period will be considered as having redeemed the voucher. Subject to clause 9D

d. In all cases where The Photographer(s) is able to rebook the date with an equivalent booking, then the cancellation fee will be reduced to the non-refundable booking fee only and any additional cancellation fees already paid will be refunded accordingly.

 

10. Placing an Order and Receipt of Goods:

a. Any alterations to orders must be notified either by telephone or in writing (sent by special delivery) within one working day of the order being placed. The Photographer(s) will not be held liable for any costs incurred due to alterations to the order made by The Client after this time.

b. Boudoir orders take approximately six to eight weeks to complete from receipt of your choice of images. All other orders will take approximately four to six weeks. The Client(s) will be informed by either telephone, email or in writing once the order is ready and available for collection. The Photographer(s) are able to store completed orders for a maximum of two months and after this time any orders not collected may be destroyed.

c. The Photographer(s) must be notified either by telephone or in writing (sent by special delivery) within two working days of The Client(s) being in receipt of their order in the case of error, shortage or damage as mistakes cannot be rectified after this period.

d. Due to the nature of the product The Photographer(s) are unable to give exchanges or refunds. This does not affect your statutory rights.

11. Governing Law: Any contract made between The Photographer(s) and The Client(s) shall in all respects be governed by and construed in accordance with English Law and the parties hereto submit to jurisdiction of the English courts.

12. Insurance: The Client(s) are hereby advised to take out an insurance policy to cover any expenses in the event of cancellation.

13. Studio Hire: The studio is only available to the customer  between the times specified in the booking details. Use of the studio beyond the specified times will incur additional charges at a rate of £25 per hour or part. Customers are required to adhere to health and safety guidelines within the studio. All reasonable efforts shall be made to ensure their own safety and those of others. The customer is responsible for the behaviour of any additional persons accompanying him/her. Damage or breakages are not included within the hire fee and must be paid for prior to the completion of the booking/leaving the premises. The studio may not be used for any activities which fall outside of UK law or for the creation of images which are deemed offensive. Where the person(s) to be photographed is under 18 years of age, the client  or person hiring the studio, must provide documentary proof of parental consent for the photoshoot to take place.

14. Training Workshops: Where indicated, MLP shall provide a model for the client to photograph within the context of the workshop. For workshops which include nudity, the model(s) will be over 18 and have provided full consent to be photographed nude. Nude is defined as topless or unclothed for the purposes of showing different lighting techniques. Nude workshops specifically exclude the taking of erotic or pornographic images. The definition of ‘erotic’ or ‘pornographic’ will be solely at the discretion of MLP and in line with common interpretation. Clients are required to sign a ‘model consent’ form agreeing to the following  terms of use:

The client agrees that images taken as part of the training workshop are NOT to be:

  • displayed in any location, either physical or virtual other than as examples of the models/photographers work.
  • published in any manner either physical or virtual for commercial gain. They may not appear within a subscription area of a website.
  • transferred, copied or distributed in physical, electronic or any by other means to third parties outside of this agreement for commercial gain.”

15. Google Analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States . Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above

16. Charity Shoots: Mike Lester Photography will, on occasions, offer free photoshoots in support of various charities. The customer will not be charged for time at the studio or for the provision of an online gallery to display their images. Customers will be charged for any prints ordered from their online gallery (where the gallery is directly related to the charity shoot). All profits from the sale of prints will be paid to the charity being supported by Mike Lester Photography.  Profits are defined as, but not limited to, all income over and above production and delivery costs, studio charges and costs associated with the provision of online gallery services. No fee will be charged for time given to providing the service by Mike Lester (proprietor). Online galleries will be provided to the customer within 5 business days of the booking. The customer will be notified using the email address provided at time of booking.

 

 

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