1.DEFINITIONS

In the following terms & conditions “the Photographer” shall mean Glenn Wallace trading as Creative Instincts Photography. “The Client/s” shall be those persons defined as ‘The Model/s’ on the booking form. These terms & conditions cannot be varied in any way by the Client/s unless such conditions are expressly agreed by the Photographer in writing. 

 

In the following terms & conditions “Photoshoot” shall mean a defined Photoshoot at a set time/date/location this includes, half day/full day/special rate Photoshoots. “Trip” shall mean a pre determined package Trip organised by the Photographer consisting of accommodation over multiple days and a Photoshoot element.

 

All contracts and bookings verbal or written are only accepted on the basis that the Terms and Conditions of the Photographer are the only ones applicable. Other Terms and Conditions proffered by the Client are specifically excluded unless agreed in writing beforehand by the Photographer. 

 

2.COPYRIGHT

i. The copyright Designs and Patents Acts assign the copyright of the images to the Photographer.  The Photographer retains the entire copyright in the Photographs and Works at all times, throughout the World. 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.

ii. All digital negatives (computer files) remain the property of the Photographer. All packages include a copy of the edited digital negatives to the Client/s for their own non-commercial use.

 

3.DISPLAY

i. The Client(s) hereby allow(s) the Photographer to display the photographs and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums and on social media etc. 

 

4.CREATIVE LICENCE, COVERAGE AND REPRODUCTION

i. Photographs taken during the course of the Photoshoot/Trip will be at the discretion of the Photographer although every effort will be made to comply with the Client(s) requirements. 

ii. Special requests are not binding instruction, although every effort is made to comply with the Client(s) wishes. The Photographer will do his best to honour the requested photographs but does not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather, and/or the availability and willingness of locations/subjects. 

iii.Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the Photographer will not be responsible for photographs that are not produced due to technical failure. 

 

5.PAYMENT

i. A non-refundable booking fee as determined by the type of shoot selected by the Client(s) will confirm the Client(s) booking, as well as full acceptance of the terms and conditions as published on the Photographer's website. The booking fee will be deducted from the cost of the Client(s) chosen Photoshoot/Trip package when calculating the final balance due. 

ii.Where full payment for the Photoshoot/Trip has not been made by the Client(s)in the timescales specified at the time of booking, the Photographer reserves the right to cancel the Client(s) Photoshoot/Trip and no refunds will be given in this regard.

iii. Additional edits ordered must be paid for in full at the time of ordering. 

iv. Payment plans are available and the terms of ‘The Plan’ will be agreed in writing with the Client(s)

v.Written requests for payment via email will be made by the Photographer, if payments are missed without prior communication and agreement with the Photographer then the Client(s) accepts that their place on the Photoshoot/Trip will be forfeited and any monies paid will not be refundable in this instance. 

 

6. EXPENSES

Where extra expenses or times are incurred by the Photographer as a result of alterations to the original brief by the Client(s), or otherwise. The Client(s) shall give approval to and be liable to such extra expenses or fees, such additional expenses/fees will be advised to the Client(s) in writing and these are payable on receipt of invoice.

 
7. CHANGES TO SHOOT LOCATION/PROPERTY

When a location shoot is sold, the Photographer reserves the right to change the property for one of a similar or higher standard in the case that the accommodation becomes unavailable for any reason.  

 

8. CANCELLATION & POSTPONEMENT.

i.A booking is considered firm as from the date of written confirmation of the booking, the Photographer’s time and location expenses are then reserved for the Client(s), no refunds are payable should the Client(s) cancel the Photoshoot/Trip . 

ii.The Client(s) may, at the Photographer’s discretion and with the Photographer’s written consent, sell their Photoshoot/Trip space to try to recoup their payment.

 

9.FORCE MAJEURE

i. In the very unlikely event of total photographic failure on a Photoshoot, liability shall be limited to a full refund of any fees paid for the Photoshoot only. 

ii.If total photographic failure occurs on a Trip, the Photographer’s liability shall be limited to a full refund of the shoot portion of the Trip.

ii. If the Photographer has to cancel due to any cause beyond their reasonable control e.g. pandemic restrictions, government travel restrictions, sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown etc the Client(s)will be offered a place on alternative shoot/trip of a similar or higher value (at the Photographer’s discretion) or the Client(s) will be issued with a credit note for the full Photoshoot/Trip cost (with 12 months validity). No refunds will be given.

iii. In any instance the Photographer will not be liable for any associated costs incurred by the Client/s (for example but not limited to, travel & accommodation expenses, MUA bookings etc), the Client(s) should ensure that they have relevant insurance in place to cover losses in any such event.

10. PERSONAL ACCIDENT

Any directions issued to Client(s) or Employees during a photographic shoot are deemed to be followed at said persons own risk. The Photographer cannot be held responsible for any personal accidents during a Photoshoot/Trip . 

 

11.DELIVERY

i.Estimated delivery times for digital files will be given at the time of booking however these are not guaranteed and the Photographer reserves the right to extend the delivery date without penalty. 

ii.Where the Client(s) requires delivery by a specific date this must be agreed with the Photographer in writing at the time of booking.

 

12. VARIATION.

 

These Terms and Conditions cannot be varied unless agreed in writing with the Photographer (Glenn Wallace/Creative Instincts) prior to booking.