Thank you for taking an interest in our services. Please read these Terms and Conditions carefully. Should you decide to use our services we will ask you to sign a printed copy before payment of the balance relating to our services. We will be happy to answer any questions or concerns you may have in relation to these T&Cs at any time.
Booking Form - A booking form signed by you further detailing the Photo Services.
Photo - Any photograph, transparency, negative, design, artwork, painting, engraving, digital image file or any other item which may be offered for the purpose of reproduction taken by Emma Jacobs.
Reproduction - Any form of publication or copying of the whole or part of any Photo whether altered or not and whether by printing, photography, slide projection (whether to an audience or not), xerography, electronic or mechanical reproduction or storage, or for any use as artist's reference or illustration, or in a layout or presentation.
Session Fee - A non refundable fee taken for my Photo Services in relation to portrait photography.
2. Ownership and Copyright
The copyright and all other rights in the Photos shall be retained by Emma Jacobs, trading as Emma Jacobs photography (the “Photographer”). The Photographer asserts the right to be credited as the author of the Photos in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988. Any unauthorised reproduction or further editing, cropping or manipulation of any Photos taken by Emma Jacobs will constitute a breach of copyright. The Client may not (either personally or via a third party) alter or add to or manipulate a picture by means of computer or any other technique or reproduce a picture in whole or in part as an element within, or as a montage with, another picture. Any changes to images must be made by Emma herself. Images may be used by clients for self promotion purposes only and not resold or published.
The prices on the website may be out of date. I reserve the right to adjust prices at any time without prior notice. All prices are in sterling (£). The correct price for the Photo Services shall be stated on the Booking Form.
4. Booking Fee and Balance
A 50% deposit is required at the time of booking. Once this has cleared your Photo Services will be reserved. The outstanding balance of payment must be paid no later than 48 hours before your photo-session date.
Any time in addition to that on the Booking Form shall be chargeable at £[ 50 ] per hour.
Payment can be made by the following methods:
6. Change of Date
If you need to change the date of the Photo Services then any new date will be subject to the Photographer's availability. We shall use reasonable endeavours to arrange an alternative date for the Photos Services. If we can agree a revised date we will ask you to fill in a new Booking Form which shall constitute a new agreement on these same Terms and Conditions. In the event that we cannot agree another date within 12 weeks of the original booking you then the deposit will be lost.
7. Our Obligations
We will use reasonable endeavours to supply the Photo Services as detailed in the Booking Form in a professional manner (time not being of the essence in respect of any of our obligations).
8. Your Obligations
You agree to co-operate with us in all matters relating to the Photo Services and to supply us with all information reasonably requested by us in order for us to carry out the Photo Services.
9. Force Majeure
9.1 We shall have no liability to you under this Agreement if we are prevented from carrying out the Photo Services by:
9.1.1 the bride and groom or wedding party not being on time and/or the church, the reception, or the place of the wedding having photography restrictions;
9.1.2 any inhibiting background, location, or additional arrangements with other photographers; and/or
9.1.3 any acts, events, omissions or accidents beyond our reasonable control, including strikes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, inclement weather or default of suppliers or sub-contractors.
9.2 In the event of incapacitating illness or injury to the Photographer we shall have the option, whenever possible, to mutually agree with you an alternative photo-session date. If we cannot find one then we shall refund to you any fee paid in relation to the interrupted Photo Services in full (subject to our limitation on liability in Clause 10).
10.1 Our entire liability for any breach of this Agreement or any representation, act or omission (including negligence) shall be limited to our fee in relation to the Photo Services and we shall not be responsible for any special, indirect or consequential or pure economic loss, costs, damages, charges or expenses.
10.2 The limitation on liability shall also apply in the event that Photos are lost through equipment malfunction, are lost in the mail or otherwise lost or damaged where the Photographer is not liable.
10.3 Nothing in these Conditions limits or excludes our liability for death or personal injury resulting from negligence; or any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us.
If a cancellation occurs within 48 hours of the date of the photo-session, payment will be expected in full to cover costs actually incurred by the Photographer in preparation of the Photo Services.
13. Advertising and Promotion
We reserve the right to use all images for all advertising purposes (including in our studio, website, social networking sites, portfolio, leaflets, stock, editorial, brochures, postcards, advertising, exhibitions, galleries and competitions), altering without restrictions, and all other lawful purposes. Unless you state specifically and in writing at the time of booking, that you are not happy for us to do so.
Emma Jacobs will A: Only use images that you have given written or verbal consent to her using
B: Not share images publicly until you have selected and received your final edited images- subject to written agreement in writing in advance of this date.
14. Image delivery
All digital images will be delivered on either a USB stick or via 'we-transfer'. Images are delivered full sized and fully edited within 7 days of making your final selection
All emails to you will be forwarded to the address you specify to us. It is important that you provide an accurate and valid email address otherwise we will be unable to accept your order. You must also ensure that if this address changes between submitting your order and delivery of the products by us to you, you advise us of the new address. We will not be responsible for failure to perform under this agreement where such failure is attributable to a change of address.
If you have any complaints or comments about our web site or any of the products or services supplied or provided to you, please email us at firstname.lastname@example.org
These Terms and Conditions and the Booking Form constitute the whole Agreement between the parties and supersede all previous agreements between the parties relating to its subject matter.
No variation or agreed termination of this Agreement or of any document referred to in it shall be effective unless it is in writing.
If any provision of this Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
A person who is not a party to this Agreement shall not have any rights under or in connection with it.
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of England and Wales.