The Author (Bircan Photography) retains the entire copyright of the Photographs and Works at all times, throughout the World and where reproduction of Works has taken place and settlement has not been made, the Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.
The client(s) hereby allow(s) the photographer to display any photograph cover by his contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc.
3. LICENSE, COVERAGE AND REPRODUCTION:
Photographs taken during the course of the event will be at the discretion of the photographer although every effort will be made to comply with the clients requirements.
The photographer shall be granted artistic license in relation to the poses photographed and the locations used. The photographer’s judgement regarding these matters shall be deemed correct.
The photographer shall endeavor to photograph all individuals as requested by the client(s) at some point, but no responsibility will be taken by the photographer on the occasion of leaving somebody out.
At certain venues, the photographer’s movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the event may not be the photographers choice and the photographer cannot accept responsibility for any obstructed view should this be the case.
Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs.
Although all equipment is checked regularly and reasonable steps are taken to ensure back up equipment is available. The photographer will not be responsible for photographs that are not produced due to technical failure.
Where time is of the essence the Photographer entirely at his own discretion may accept an instruction given orally, in this event the Photographer shall accept no liability for any error in executing the order. Unless the Photographer is given prior written notice by the Client, the person placing or signing the order on behalf of the Client is deemed to be authorised to do so. When a Client’s policy is not to rely on email confirmations, hardcopy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law.
The License to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission in writing.
Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date. Where restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee to be mutually agreed. Note: A written agreement must be reached with the Photographer before the Photographs may be used for other purposes. Where uses of an image are made which breach the licence to use further charges will be made.
4. CLIENT CONFIDENTIALITY:
The Photographer will keep confidential and will not disclose to any third parties or make use of information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.
All charges and additional goods specified on the booking from are supplied at the prices ruling on the date of booking. Goods not specified on the booking form are supplied at the prices ruling at the time of receipt of the order.
A 25% non-refundable deposit will confirm and secure your booking, as well as full acceptance of the terms and conditions as published here and on the photographer’s website. The deposit will be deducted from the cost of the client’s chosen package when calculating the final balance due. Payment must be paid as cash, cheque or bank transfer. Please make cheques payable to “Bircan Photography”.
Payment in full of the remaining balance will be due 10 days before the date of the event.
Additional goods ordered must be paid for in full at the time of ordering including postage and packaging.
Titles to all goods remains with the photographer until paid for in full by the client(s).
7. FORCE MAJEURE:
The photographer will endeavor to put the client(s) in touch with another photographer in the event they are unable to attend on the event date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding etc.
In the event of cancellation by the photographer, or in the very unlikely event of total photographic failure, liability shall be limited to a full refund or any fees unpaid.
All digital negatives (computer files) remain the property of the photographer. On occasion, the photographer may supply a copy of the edited digital negatives to the client(s) for the own non-commercial use. Unless agreed to in writing on the License to Use and the Invoice no exclusivity is given or implied to The Client. The Photographer retains the right in all cases to use or sell the Photographs. Exclusivity will not be unreasonably withheld but only on written agreement with the Photographer before work commences.
Where extra expenses or times are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise, the Client shall give approval to and be liable to such extra expenses or fees, in addition to the fees and expenses shown on the Estimate as having been agreed or estimated.
10. CANCELLATION FEES:
If the client(s) should cancel a booking the following cancellation fees will become due immediately upon said cancellation:
Cancellation more than three months to go until the event date, the 20% deposit will be retained.
Cancellation with less than three months to go until the event date, full price for the complete photographic coverage booked. Where no cost or hourly rate has been specified on the booking, it will be deemed that the client(s) have chosen a standard half day coverage to the value of £250.00. The client(s) are hereby advised to take out an appropriate insurance policy to cover any expenses incurred in the event of cancellation.
Where the photographer is able to re-book the date with an equivalent booking then the cancellation fee will be reduced to the booking fee.
11. PERSONAL ACCIDENT:
Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
12. COMPLAINTS PROCEDURE:
Please address any complaints to Bircan Photography by email or writing as per the given contact details. I will endeavor to respond to any complaint within 5 working days per receipt.