Terms of Service
The "Photographer” shall mean Mike Owens trading as Mike Owens Photography.
The "Client” shall mean the person named on the booking form.
"Working day" shall mean Monday to Friday (not a UK Bank Holiday)
The Photographer and the Client agree that these Terms and Conditions inherently form part of this contract. These terms and conditions cannot be varied in any way unless expressly agreed by the photographer and the client in writing.
2. The Contract
The client and the photographer shall be bound by these Terms and Conditions where the client has made a booking. These Terms and Conditions do not apply to commercial work for individuals, companies or corporations. The photographer's commercial Terms and Conditions are available on request.
3. Creative Licence and Copyright
According to the 1988 Copyright Act the copyright of all photographic images remains with the photographer. It is contrary to the 1988 Copyright Act to copy, publish or reproduce any of the photographer's copyrighted images without the photographer's written permission and without appropriate payment.
Photographs taken during the photoshoot assignment will be at the discretion of the photographer. The photographer shall be granted complete artistic license including in relation to the poses photographed, the locations used and the style of digital retouching. The photographer’s judgement regarding the locations/poses and number of photographic images taken shall be final.
4. Client Photographs
The photographer guarantees to retain the digital images presented at the reveal session or online gallery for a minimum of 30 days; thereafter they may be deleted.
The photographer guarantees to retain all other digital photographs taken at the photoshoot for a period not less than 10 days; thereafter they may be deleted.
Printed photographs or digital images presented at the reveal session or online gallery which were not purchased will be retained for 30 days after which time they will be destroyed.
Delivery times: Portfolio collections will be ready for the client at the reveal session or online gallery which will be typically within 2 weeks after the photoshoot. Products ordered at the reveal session we be available in approximately 4 weeks.
5. Financial Payment
Booking deposit: A refundable booking deposit will be required to secure a consultation session - if the client decides not to retain the photographers services then the booking deposit will be refunded.
Photoshoot Fee: Must be paid in full no later than 10 working days before the photoshoot.
Photographic Print Purchase: Photographs must be paid in full with cleared funds before products may be removed from the reveal session.
Other product purchase: Where the client wishes to purchase other bespoke products not available at the reveal session then the photographer will require a non-refundable 50% deposit before the product is placed into production (eg large scale prints, framed prints etc..)
Digital Download Purchase: The photographer may (from time to time) offer digital downloads for sale. These will be offered for purchase through the photographers website.
The photographer will accept payment by direct bank transfer, Paypal and credit/debit card.
All prices are not subject to VAT.
6. Refund Policy
The photographer will not refund a print purchase (which may also have complimentary digital copies) once the products have been paid for and removed from the reveal session. The client will see the final prints at the reveal session and it is for the client to be satisfied about the quality, suitability and content of photographs before purchasing them.
The photographer will not refund digital images once the client has taken possession of the digital images. This applies irrespective of whether the client has purchased or has been given complimentary digital images as part of a print package.
The photographer will take reasonable steps to ensure backup equipment is available. The photographer will not be liable to the client for any for photographic images that are not produced due to technical equipment failure or any other cause beyond the photographer's control (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars). The photographers liability shall be limited to a full refund of any monies paid.
The photographer will not be liable to the client in respect of any special, indirect or consequential loss or damage.
The client shall give reasonable notice of cancellation or date/time changes of not less than 10 working days. If bookings are made within the 10 day cancellation period then 3 days notice of cancellation is required from the date of booking If cancellation by the client does not respect these cancellation periods then the contract will terminate and the client forfeits any monies paid.
The client has a right to cancel within 14 days of booking; in this circumstance the client will receive a full refund.
In the unlikely event of cancellation by the photographer then the photographer's liability will be limited to any monies already paid by the client.
Where the photographer is photographing a sporting or activity event the client is respectfully advised to ensure they have appropriate insurance; the photographer will not be liable to the client in any event which could give rise to a claim.
8. Photographer Use of Images
The client agrees that any photograph made under this contract may be used by the photographer to generally promote the photographer’s business in respect of (but not limited to) advertising, marketing, brochures, social media publications, websites, portfolios, editorials and blogs etc. The client must inform the photographer if he/she does not want their images to be displayed as described.
9. Data Protection
In accordance with the Data Protection Act 1998 the photographer may store personal client data provided to him to ensure you are informed about the photographers future offers, periodic newsletters and to provide the client with accurate and timely service. If the client does not wish his/her data to be used in this way or the client has questions about client data then the client should contact the photographer who will answer client questions and/or delete the data immediately. The photographer 100% guarantees client information will not be shared to any third party.
In accordance with the Data Protection Act 1998 the photographer may not publicly name the client in association with any photographs from the photoshoot unless the client agrees.
These Terms and Conditions shall be governed by and construed in accordance with English law.
Mike Owens Photography
August 22nd 2017