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 the event canceled for any reason, including acts of God, fire, strike, and extreme weather. The Reservation Deposit is to be paid at the time of signing the contract. The Reservation Deposit is applied towards the contracted event/photoshoot Package. The client understands and agrees that the entire amount owed for the Event Package described in the contract is due seven days prior to the Event/Photoshoot, or, on the Outstanding Balance Due date (if specified). The 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 the Client and no liability to the Photographer. If the Client cancels the Event/Photoshoot fourteen days prior to the event the Client will be liable for the full cost (at the photographer's desecration) due to loss of income and finding a replacement booking within that period. In the event of the client postponing the event/photoshoot due to government Covid guidelines, a new date will be sourced by both parties. If a client is wanting to postpone an event/photoshoot outside of government Covid guidelines a postponement, a postponement request must be made fourteen days prior to the event.
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/Portrait shoot, 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.