Terms and Conditions Introduction
Jessica Plank is a fully insured professional photographer and although capturing the best possible photographs for clients is one of the main aims, customers’ health and safety is of paramount importance.
Customers will always be responsible for their own health and safety and the health and safety of their children and pets during photo shoots and related activities.
Jessica Plank adheres to GDPR and never gives out any personal information to third parties. Jessica Plank stores all personal information securely and any information given is only used for the purposes of the Photo Shoot and related activities and purchases.
Jessica Plank retains the copyright to all of her photography. When digitals are purchased, permission to use them however you wish is granted but copyright is still retained by the photographer (ie you cannot sell the images for commercial use).
All payments must be made prior to the delivery of any goods or services. Refunds will be given if Jessica Plank cannot fulfil her obligation due to illness or injury.
Jessica Plank will always do the utmost to get the best possible outcome for her clients when external factors affect a Photo Shoot (eg. weather).
Full Terms and Conditions
In the following Terms and Conditions:
“Business” shall mean Jessica Photography;
“Client(s)” shall mean “You” the Parties to the Contract;
“Event” shall mean “Photo Shoot or related activities” in the Contract;
“Photographer” shall mean “Jessica Plank of Jessica Photography”
“Products” shall mean “any Physical Products or Digital images created by the Photographer” in the Contract.
“Services” shall mean “Photography and related services carried out by the Photographer as agreed upon between the Client(s) and the Photographer.
It is agreed that the following terms and the contract set out the entire agreement made between the parties, and that no variation or modification of the contract shall be effective unless agreed by both parties in writing. Each party acknowledges that, in entering into the contract, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in the Contract and these Terms and Conditions.
The Photographer will confirm the Event, Date, Time, Services upon receipt of cleared funds in respect of the Session Fee.
The Parties acknowledge that the Session Fee is non-refundable or transferable in the event of cancellation by the Client.
Jessica Photography will be in contact with you prior to your Photo Shoot to take the Session Fee and discuss details of your shoot.
All payments must be received in cleared funds prior to the delivery of goods or services.
Payment for any additional images or products should be made at the Ordering Session.
Missed or cancelled Ordering Session appointments without 48 hours’ notice will incur a charge of £10
Missed or cancelled Photo Shoots without 48 hours’ notice will incur half of the Session Fee. The remaining half of the Session Fee can be put towards another Shoot or products.
Licence and Coverage:
The Photographer shall be granted artistic licence in relation to the style of the Photo Shoot, although every effort will be made to comply with the Clients’ requirements and preferences, the Photographers’ judgement regarding the location, poses and number of photographs taken shall be deemed correct and not subject to dispute.
Whilst the Photographer shall endeavour to fulfil the Clients’ requirements, the Photographer cannot be held responsible for non-availability of subjects or adverse conditions, such as weather, on the the day of the shoot.
Any alterations made to this Contract by the Clients once details have been confirmed may only be made at the discretion of the Photographer and should be made in writing. Where the Photographer is not able to accommodate alternative arrangements, such as change of date or location, the Photographer is not liable to compensate the Client in any way whatsoever, although the Photographer will always do their best to rearrange dates and locations wherever possible.
Image and Reproduction
All print and presentation sizes and frame or product options quoted are approximate and subject to change at the discretion of the Photographer and may be subject to slight variation (dependent upon distributers and external businesses). Whilst every effort will be made, the Photographer cannot guarantee exact colour matching and is not held responsible for any colour variations which may occur due to light and location variations.
Due to limitations of computer monitors and variations of computer operating systems, it is understood that images viewed via this method may appear differently according to the calibration and specification of each monitor/computer and that prints may not match images rendered on any particular computer monitor.
Where images are made available for use on a USB device, reasonable steps are taken to ensure compatibility, but you acknowledge that USBs may not play on all devices including and not exclusive to computers.
All products are quality checked by the photographer prior to delivery, however it remains the responsibility of the Clients to check for in-transit damage. The Photographer cannot be held responsible for damage to equipment resulting from defective media.
Additional retouching, digital manipulation and bespoke artist finishing is available to the Client as an optional extra, for an additional cost.
All reorders shall be treated as an extension of the Contract and no responsibility for any error will be accepted unless orders are provided in writing.
In the event a product no longer being available, a suitable alternative of similar quality will be offered. The Photographers’ choice of an alternative will be deemed as correct and acceptable to the Clients. Any surcharge resulting from the order of a new product following rejection of a replacement will be the responsibility of the Client.
All images shall remain the sole property of the Photographer at all times.
All completed products shall remain the property of the Photographer until full payment is received.
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 and Design Act 1988 and remain the copyright of The Photographer at all times unless there is express written agreement to the contrary. 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 written permission of the Photographer.
Insurance and Limitation of Liability
The Photographer will maintain Public Liability and Professional Indemnity insurance at all times. However, in the unlikely event of a total photographic failure or cancellation of this Contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the Contract.
Neither party shall be liable for any indirect or consequential loss
The due performance of this contract is subject to alteration or cancellation due to a Force Majeure Event. A Force Majeure Event means an event beyond the control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources. For the avoidance of doubt, it does not include circumstances where the Photographer attend an Event to perform the Services and any of the Parties fail to attend.
It is the responsibility of the customer to ensure the co-operative behaviour of subjects at a shoot. Should the photographer feel unsafe at the contracted photo shoot or be subject to abuse and the customer cannot control or prevent the situation then the photographer is entitled to advise the customer of that situation and leave without forfeit on this contract (eg drunk / abusive family members)
Where the Photographer has to cancel the Event, due to circumstances beyond the Photographer’s control the full amount of the Session Fee and any further payments received will be returned to the Client(s).
Where it is possible a re-shoot may be arranged (if practicable) however, the Photographer(s) will not be responsible or liable for any additional costs incurred by the Client(s).
Should the Client wish to cancel this contract at any time, Notice of Cancellation must be given in writing to the Photographer. In such circumstances, the Client will be liable to pay the Photographer the following sums-
- Notice of complete cancellation of a photo shoot, if received with less than a week prior to the photo shoot, only half of the session fee will be refunded.
- Notice is received with more than one week before the photo shoot, then the session date can be rebooked free of charge, or complete refund will be given.
- Notice of cancellation of an Ordering Session will incur a £10 charge if given less the 48 hours notice.
- Second cancellation of an Ordering Session will incur a £20 charge if less than 48 hours’ notice is given.
Governing law and jurisdiction
The parties irrevocably agree any dispute arising out of this contract shall be governed and construed in accordance with English Law and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.