“The Photographer” means Jordan Brannock Photography. “The Client” means any person, body of persons, firm or company with whom the Photographer enters into a contract for the sale of goods or provision of services by The Photographer.
Deposit and Payment
The retainer must be paid in full at the time of booking. Retainer secures the time and services of the Photographer for the sitting and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation. Sittings that are postponed to a later date will retain the fee as long as the photographer can re-schedule for the new date and time.
Following payment of the retainer, balance of any fees due is to be paid on, or before the date of the sitting. No photographs will be delivered until all payments due have been paid in full. Payment for additional images and albums is to be made when they are ordered
All photographic materials, including but not limited to digital files, negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions.
Archiving of Images
All final images will be stored and archived by the photographer for 1 year.
INTEGRITY AND ALTERATIONS:
Client will not make or permit any alterations, including, but not limited to, filters, additions, subtractions, or adaptations, with respect of the Image(s), alone or with any other material, without the prior express permission of Photographer.
All sessions include light editing which consist of changes to the color, crop, contrast, & exposure at the photographers discretion.
The photographer’s artistic interpretation including use of software to process images and conversion to black and white is final and the photographer shall not be expected to re-process any images once they have been presented to the client.
Right to a Credit
The Photographer asserts both his moral right to be identified as the author of his work and the right to a credit (where possible) is asserted in accordance with Sections 77 – 79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof. Please credit ’ Jordan Brannock Photography’.
The Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer. Without permission from the Photographer, the Client shall not download, copy, print, screen shot, use as a basis for derivative works, manipulate in any way, or otherwise use the Photographer’s images.
In the unlikely event of illness, the Photographer may substitute another photographer to take the photographs. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.
Failure to Perform
If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or computer malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
All images will be adjusted for skin blemishes, exposure, brightness, contrast, sharpness, etc. The Photographer’s judgement regarding these corrections and the number of images put forward to the Client for preview shall be deemed correct. Client does not have permission to alter or edit the final photographs in any fashion.
Any complaints should first be raised by the Client with the Photographers in writing within 14 days from the date of receipt of images.
CREDIT LINE and COPYRIGHT NOTICE:
Placement of a credit line or copyright notice is required when posting the images on the internet. If a credit line or copyright notice is required but not actually provided, Client agrees to pay a fee to the Photographer for the loss of recognition, or lack of copyright protection, resulting from the lack of, or an improper, copyright notice or credit line.