HEATHER HOLDEN PHOTOGRAPHY - TERMS AND CONDITIONS FOR SUPPLY OF SERVICES & GOODS
In this Agreement the terms:-
a) Goods: means those specified within the individual Order to which this contract relates and also include those products that are not Pictures, such as frames.
b) Images: means digital images, transparencies and negatives obtained during the photo session.
c) Me\I: means Heather Holden (sole trader), trading as Heather Holden Photography, or her authorised agent[s].
d) Order: Your written or verbal request to Heather Holden for Pictures and/or Goods.
e) Picture: means a photograph, printed image or printed montage or any other tangible item on which an Image is produced.
f) Prices: means those specified in any quotation or price list provided verbally or in writing by Me in accordance with clause 3.3.
g) Services: means one photo shoot, the preparation of edited final Images/Pictures, provision of a secure portal (weblink & password) through which to view final Images/Pictures and the services therein.
h) Session Fee: means the cost of the Services as set out in clause 2.3 below.
i) Terms: means those terms set out within this agreement, in addition to those within any quotation and/or price list provided.
j) You/Your: means the person/persons engaging the services of Heather Holden Photography.
2.1 My Services include:-
(i) a photo shoot which will involve Me visiting Your home or other location as agreed in advance with You for a period of no less than one hour during which I will take numerous Images of the subjects You have requested; and
(ii) the preparation of a selection of edited Images for Your consideration; and
(iii) the provision of a secure portal (weblink & password) through which You can view the selected edited Images; and
(iv) delivery of your ordered Goods either in person or via the postal services.
2.2 No Goods or Pictures will be made available immediately. The secure portal (weblink & password) will provide You with the full selection of edited Images from which You may select Your Order.
2.3 The fee for these Services (referred to as the Session Fee) is £75.00 payable on or before the day of the photo session. (From time to time there may be discounted offers available. These will be publicised via my marketing material)
3. SUPPLY OF GOODS AND PICTURES
3.1 Once you have viewed your Images via the secure portal, You will have the option of ordering such Pictures and Goods.
3.2 If required, any further consultations may be made in person or by email, post or suitable alternative as agreed with You. These may be subject to an additional fee.
3.3 Prices will be specified by way of a current Price List. A preliminary indication of prices may also have been provided on request at, or prior to, the photo shoot.
3.4 The prices specified on the Price List will remain valid for a period of three months from the time the secure portal weblink is provided, after which prices may be altered to reflect market conditions.
3.5 50% of the relevant payment for ordered Goods or Pictures must be made upon placing the Order. The remaining 50% must be paid upon receipt of Your order.
3.6 I will endeavour to supply Goods and/or Pictures in accordance with Your Order within a period of one month, subject to unforeseen circumstances beyond My control.
3.7 If the Goods or Pictures that You have ordered cannot be provided, for any reason, I will contact You to arrange a suitable alternative or a full refund at your discretion.
4 COPYRIGHT, RETENTION AND USE OF IMAGES
4.1 Copyright is an automatic right which arises whenever an individual or company creates a work. As the creator of the enclosed photographs, under UK law, Heather Holden Photography holds the right to control the ways in which this material may be used. Below are details for the agreement she has granted to You.
4.2 Digital files – On receiving digital files from Your photography session with Heather Holden Photography, You are granted permission to make an unlimited number of prints for Your personal use only. If You wish to use images for any other purpose, You must contact Heather Holden Photography to request permission – this may be granted and associated costs may apply depending upon what the purpose for use involves.
4.3 Sharing images (e.g. Via social media) – Also included with Your digital files is a set of watermarked files which must be used when uploading Images online eg. to social networking sites including, but not restricted to Facebook, Instagram, Twitter, LinkedIn etc.. Images must not be cropped or altered nor the watermark removed.
4.4 Facebook – 'Sharing your content and information’ “For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on, or in connection with, Facebook (IP License). This IP License ends when you delete your IP content or your account, unless your content has been shared with others, and they have not deleted it.”
4.5 Copyright in Images can be purchased at an additional price to be agreed on request.
4.6 Images and Pictures shall be retained by me for a reasonable period of time (not less than five years) after which they will be disposed of responsibly by deletion and destruction.
4.7 I will not use any Pictures or Images taken at the Photo Shoot for commercial purposes, neither will I assign or licence copyright in Pictures or Images to any third party without contacting You directly and obtaining Your consent.
5. DATA PROTECTION
5.1 I will only use the personbal information you provide to Me to help process and provide your Services and Goods. I will not pass Your data to third parties and will not display Pictures or Images to third parties other than in accordance with clause 4.7 above.
5.2 On Booking Your Session, You will be e-mailed a customer details form to complete prior to the photo session which will give You the option to opt-in or out of future marketing messages from Heather Holden Photography. The Customer Details form will also request the following information – Your names, address, email address, contact number, names and ages of children.
5.3 Heather Holden Photography will retain this date securely, and use it in order to provide your Goods and services around the time of Your session and then for future marketing opportunities. This data will not be shared with any third parties and if you wish to have this data removed from Heather Holden Photography’s records, this can be done at any time upon request.
6. THIRD PARTY RIGHTS
All rights and obligations under the Contracts (Rights of Third Parties) Act 1999 will not apply.
These Terms shall be governed by English law and You and I agree to the exclusive jurisdiction of the English courts.