AGREEMENT OVERVIEW This agreement contains the entire understanding between Tom Knightley Photography and the Client(s). The booking form / contract forms part of the agreement between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties.
SERVICE AGREEMENT This confirms my contracting agreement: I agree that Tom Knightley Photography shall provide services to photograph you to the best of our abilities in accordance with the package selected. Every effort will be made to assure your satisfaction according to industry standards. Any artistic interpretation by the photographer will be deemed acceptable and correct. Due to the nature of the business, all sales are final. Every effort will be made to produce photographs of importance during your session please indicate on your booking form a require shot list. The photographer cannot place an un-conditional guarantee on the above. Any dissatisfaction with your service from Tom Knightley photography must be received in writing within one week of receipt of your images.
IMAGE AND COPYRIGHTS Images taken by Tom Knightley are protected by Copyright Law. The Client(s) is granted limited licence to use or display images and further information will be out outlined as part of the booking.
MODEL RELEASE The Client(s) herby grant Tom Knightley Photography unrestricted right to the use of images.
FORCE MAJEURE The due performance of the contract is subject to alteration or cancellation by the photographer(s) owing to any cause beyond their reasonable control (e.g. delay caused by traffic/sudden illness/injury/victim of crime, flooding etc). Every effort will be made to get to your booking on time. The photographer(s) may contact other photographers in the event that they are not able to attend your booking. However it may prove difficult or impossible to find a skilled replacement photographer at short notice or at the same price. 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 re-shoots. The photographer(s) liability shall be limited to a full refund of any deposits and fees paid.
LIABILITY FOR DIGITAL FILES AND PRODUCTS The 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. Should Digital files be lost , damaged or destroyed the photographer(s) liability shall be limited to a refund of fees paid, but shall not include a refund for any goods already supplied or capable of supply at a quality deemed acceptable by the photographer. No refund will be due for any digital files lost, damaged, or destroyed after 12 months from the contact date. Tom Knightley Photography takes the utmost care with respect to exposure, transportation and processing photographs. However in the unlikely event or technical failure or photograph to be lost, stolen or destroyed for reasons within or beyond Tom Knightley photography control. The liability is limited to the return of all payments received.
LIABILILTY FOR CLIENTS PERSONAL EFFECTS / DUTY OF CARE It is the client’s responsibility to take care of and look after his or her own personal effects and belongings. The Photographer/s does not accept liability for items left with The Photographer/s for any reason. Any items left with The Photographer/s are left entirely at your own risk. The Photographer does not accept any consequential loss for items left with the Photographer. The Client accept that NO duty of care exists with regards to any items left on a temporary basis with the photographer/s unless a full written inventory is provided, with costs and full descriptions of items, and is agreed between the Photographer/s and the clients in writing beforehand. The client accepts liability for the photographer/s health and safety whilst the photographer/s are working. Where the photographer/s feel unsafe, personally uncomfortable or assess the risk to be unacceptable the photographer/s will inform the client and give reasonable time for the issues to be resolved. If the issues are not resolved the photographer/s reserve the right to leave immediately without further notice
PROOFS, PRINTS AND RETOUCHING All images will be supplied numbered and each image will receive individual attention to detail. Delivery of your images will be around 10 working days and can be delivered by digital download or USB/DVD. Retouching the images means to correction various elements within, such as adjustment, textures, colour i.e. changing to black and white. It may also mean removing items from the images such as litter, distractions or minor physical flaws (tired eyes, smoothing skin, removal of stray hairs etc) Tom Knightley photography is granted total artistic control of the final image. Due to a variety of lighting conditions some colours may alter throughout a set of photographs. Due to the limitations of computer monitors it is understood that colours do not reproduce exactly in print as images appear on screen.
CANCELLATION FEES, DATE AND PACKAGE CHANGES Any change to your package must be submitted in writing prior to your event. If the Clients (s) should have to cancel a booking, the booking fee and other fees already paid cannot be refunded.
TRAVEL All booked packages include travel up to 20miles by car from Aylesbury Buckinghamshire. All other expenses will be quoted at the time of booking.
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