This agreement contains the entire understanding between the Photographer and the Client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by both parties.
Upon your signature, the Photographer will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the Reservation Deposit is non-refundable, even if the date is changed or event cancelled for any reason, including acts of God, fire, strike, and extreme weather. The Reservation Deposit is to be paid at time of signing the contract. The Reservation Deposit is applied towards the contracted Event Package. Client understands and agrees that the entire amount owed for the Event Package described in the contract is due on the day of the Event, or, on the Outstanding Balance Due date (if specified). Client agrees if the balance is not paid by this time, the Photographer will not photograph the Event, with a loss of Reservation Deposit by Client and no liability to the Photographer.
The parties agree to a pre-event consultation before the Event in order to finalize the actual shooting times, locations, and Client’s request list (in writing) for specific photographs. The Client will be responsible for, or have someone designated, to identify people of whom specific photographs are desired. The Photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for group photographs.
The photography schedule and selected methodology are designed to accomplish the goals and wishes of the Client in a manner enjoyed by all parties. The Client and the Photographer agree that cheerful co-operation and punctuality by all members of the Event staff are therefore essential to that purpose. Shooting commences at the scheduled start time agreed by both parties. Should additional photography and/or travel time, that is not included in the agreed package, be requested by the Client, it will be charged out at the rates specified in the Assignment Package, rounded to the nearest half hour.
The Photographer is limited by the guidelines of event officials and/or event location site management. The Client agrees to accept the technical results of their imposition on the Photographer. Negotiation with the officials for moderation of guidelines is the Client’s responsibility; the Photographer will offer technical recommendations only.
Digital Negatives, Prints and Copyrights
The photographs, digital negatives or prints produced by the Photographer are protected by International Copyright Law (all rights reserved) and the Photographer retains the copyright to all photos and images produced. The Client may receive a copy of the hi-res digital photographs on disc if it has been agreed upon as part of the Event Package. If so, the Client may reproduce any photos in any manner they like for internal and external purposes. The Client agrees to obtain written permission from the Photographer prior to the Client (or its assigned agents) publishing or selling the photographs for profit.
The Client hereby grants to the Photographer and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the Event, its guests, attendees, and officials for editorial, trade, advertising, stock, commercial and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The Client hereby releases the Photographer and his legal representatives and assigns from all claims and liability relating to said photographs.
Exclusivity / Guest Photography
If the Photographer is the sole professional photographer at the event (as specified in the Event Details), it is understood that the Photographer will be the only one allowed to photograph the event. In which case, amateur photographers may take photos during the event if they do not interfere with the contracted Photographer and are not shooting the Photographer’s same posed shots. If a problem arises with any guest or attendee(s) the On-site Event Contact will be advised to handle the situation politely for the Photographer by enforcing the conditions of this agreement.
Co-operation of Guests and Other Service Providers
The Client is responsible for the conduct of the guests. Co-ordination with other service providers may be necessary to complete all the photography as scheduled. The Client should share the photography schedule with other service providers to make sure that there are no conflicts with times. In addition, events during the Event should be planned to make the best use of time for all vendors. The Photographer will not tolerate verbally or physically abusive behaviour, nor will the Photographer share its time or compete with guest photographers for the attention of the subjects. Unchecked guest conduct that interferes with photography will seriously affect the quality of the photographs taken and increase the number of photos that must be created. If the Client is unable to control the conduct of the guests or if the conduct of any of the Event guests damages any of the equipment of the Photographer, it will result in the early or immediate departure of the Photographer. The Client understands that in such an event, no refund will be given.
The Client will provide The Photographers with a list of suggested photographs that they desire in advance. While every attempt is made to accommodate the Client’s desired list of photographs and create the best images possible, no particular image is guaranteed. The Photographer’s are equipped to handle most low-light situations. In situations where flash photography is prohibited or is deemed to be unsafe, the Client agrees to accept the Digital Images as-is, given the technical limitations of low-light photography.
The Client agrees that no part of the Event Package, including previews (if any) will be delivered until the Outstanding Balance is paid in full. Digital copies will be given to the Client after the Event, in the form of an Online Photo Gallery, or other medium, assuming the Outstanding Balance has been paid.
The Client agrees that the Reservation Deposit is required at the time of signing the contract and the Outstanding Balance is due on the day of the Event, or on the Outstanding Balance Due date in the Event Package Summary, if specified.
Penalty Fees and Charges
There is a £100 charge for payments returned by the bank for any reason. There will be a £30 late payment fee for any payments that are not postmarked or delivered to the Photographer by the required date.
Right of Withdrawal
The Photographer’s discovery of new information, changes, or other factors tending to circumvent its policies could result in its withdrawal. Non co-operation; changes of locations, facilities or times available; missed appointments; bad or returned cheques, or late payments are examples of contributing factors. Should the Photographer initiate the withdrawal, all fees and deposits will be returned, excepting fair market value for all services/products already provided. In case of withdrawal, £100 an hour is billed for all photography services already provided, and £100 an hour is billed for all other services, consultations, and all travel time, rounded up to the nearest half-hour. If the Photographer withdraws — the Client will not be billed for any services in excess of their deposits (except if deposit was in form of returned cheques).
Limit of Liability
In the unlikely event of severe medical, natural, or other emergency it could be necessary to retain a different photographer. The Photographer will make every effort to secure a skilled replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the Event Package. The Photographer takes the utmost care with respect to exposure, transportation, and processing the photographs including using professional grade equipment and professional grade backup equipment. However, in the unlikely event those photographs have been lost, stolen, or destroyed for reasons within or beyond the Photographer’s control, the Photographer’s liability is limited to the return of all payments received for the event package. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost.
Although every possible care will be taken to produce photographs of all important and special moments during the Event, the Photographer cannot place an unconditional guarantee on the above. The Photographer will not be held responsible for any ruined photographs due to guests’ (or any other) flashes; or any other ruined photographs due to any other cause in or outside of the Photographer’s control.
The performance of this contract on behalf of the Photographer shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and / or conditions beyond its control.
If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the British Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than £150. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
All images will be uploaded to the photographer’s / clients private gallery for viewing by any third party interest who has the encrypted password, it is the clients responsibility to inform the photographer if he/she would like any images removing from the viewing gallery or the viewing gallery not to be published on-line.
Insurance & Indemnity
Jools Hart Photography is insured for public liability and professional indemnity by AA Business Insurance, details are available upon request.
To keep things as professional as possible and work with the new GDPR European guidelines on personal data protection. The policy below has been put in place to ensure that Jools Hart Photography respects, values and protect people’s and clients personal data.
We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the Jools Hart Photography. The use of the Internet pages of the Jools Hart Photography is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the Jools Hart Photography. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the controller, the Jools Hart Photography has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
The data protection declaration of the Jools Hart Photography is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
2. Name and Address of the controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Jools Hart Photography
33 lavender road
3. Collection of general data and information
The website of the Jools Hart Photography collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, the Jools Hart Photography does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the Jools Hart Photography analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
4. Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
5. Rights of the data subject
6. Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
7. The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
8. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
9. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
10. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.