TERMS AND CONDITIONS OF CONTRACT
In the following conditions of
contract “The Photographer(s)” shall mean Clive Rollins or, subject to condition 7 below, any photographers appointed
by Clive Rollins. “The Client(s)” shall be those whose name appears on the contract. The due performance of the
contract is subject to the conditions below and they cannot be varied in any way by The Client(s) unless such conditions are
expressly agreed by The Photographer(s) in writing.
1. Copyright: The 1988 Copyright Act assigns the copyright of the
photographs to The Photographer(s). It is therefore contrary to the Act, and illegal, to copy photographs, or allow to be
copied, by any means photographic or otherwise, by any person or machine other than by The Photographer(s) or their appointed
2. Display: The Client(s)
hereby allow(s) The Photographer(s) to display any photograph covered by this contract and to generally promote the business
in advertising, brochures, magazine articles and other such material, providing that the images used are used lawfully and
without damage to The Client(s).
Coverage and Reproduction:
- The Photographer(s)
shall be granted artistic licence in relation to the poses photographed and the locations used. The Photographer(s) judgement
regarding the location, poses and number of photographs taken shall be deemed correct.
- Photographs taken during the course of a booking will be at the discretion of The
Photographer(s) although every effort will be made to comply with The Client(s) requirements.
- The Photographer(s) shall endeavour to photograph all individuals as requested by
The Client(s) at some point during the booking, but no responsibility will be taken by The Photographer(s) in the event
of leaving somebody out.
- For a booking
involving a church ceremony The Photographer(s) movements are sometimes restricted by the minister in charge. The area
from which The Photographer(s) are able to cover the ceremony may not be The Photographer(s) choice and The Photographer(s)
cannot accept responsibility for any obstructed view should this be the case.
- For a wedding or other occasion booking The Photographer(s) shall endeavour to
capture all the moments throughout the day as they occur. However, because of the nature of the event, as a one off,
some unforeseen moments might not be recorded.
- Please note that
any alterations made to the booking by The Client(s) once details have been confirmed may only be made at the discretion
of The Photographer(s) and in some circumstances (such as the change of ceremony date for a wedding booking) The Photographer(s)
may be unable to accommodate these alterations due to a conflict of commitments. Under these circumstances The Photographer(s)
are not liable to compensate The Client(s) in any way whatsoever.
- Due to a variety
of lighting conditions and the limitations of professional film or digital capture, some colours may alter slightly throughout
a set of photographs. Please note that certain colours do not reproduce exactly on photographic film or paper.
- It is understood that all photographic printing is undertaken within the
technical limitations of the process and that colour may not necessarily be facsimile over the whole range of colours
within a subject. It is also understood that prints made at different times or in different sizes may be variable
in colour balance.
- All print and presentation sizes quoted are approximate and subject to
the discretion of The Photographer(s).
- Although all
equipment is checked regularly The Photographer(s) will not be responsible for photographs that are not produced due
to technical failure, either at the shooting or processing stage.
- Where the contracted date is no more than 12 months after the date of signing,
all photographic services undertaken on that date are supplied at the prices ruling on the date of signing. The main
reprint order, that is the remainder of the package booked, if placed within no more than six months of the contracted
date is also supplied at the prices ruling on the date of signing. All additional reprint orders, including the main
reprint order, if placed after six months of the contracted date, and small reprint orders placed at any time, are
supplied at the prices ruling at that time.
- The Client(s)
will be liable to pay any additional expenses incurred by The Photographer(s) during the booking not already included
within the contract price.
Client(s) – a non-refundable booking fee of £200 (paid by cash or cheque) along with a completed contract
will confirm your booking. Payment for the photographic coverage and album is payable in full four weeks prior to the
contracted date. All additional goods are payable on ordering.
- Other Client(s)
– all photographic fees are payable in full on booking a coverage along with a completed contract. All additional
goods are payable on ordering
- Title to all goods
remains the property of Simon Cook Photography until paid for in full by The Client(s).
6. Complaints: In the unlikely event of
any complaint with regards to our service, all complaints must be received in writing within seven days of collection of products
purchased. This includes photographs, albums and frames.
7. Force Majeure:
due performance of the contract is subject to alteration or cancellation by The Photographer(s) owing to any cause beyond
their control (i.e. sudden illness/injury).
- The Photographer(s)
have other professional photographers who will be contacted by their staff (or family) in the event that they are not
able to attend your booking due to clause 7a.
- In the event of
cancellation by The Photographer(s) (although all attempts will be made to arrange for another photographer to be present
– see clause 7b) or in the unlikely event of total photographic failure (although re-shoots may be arranged
if practicable – The Photographer(s) will not be responsible for costs in order to stage such re-shoots), The
Photographer(s) liability shall be limited to a full refund of any deposits and fees paid.
8. Negatives or digital files:
negatives and digital files shall remain the property of The Photographer(s) and shall be kept by them for not less than
12 months from the contract date.
- Should negatives
or digital files be lost, damaged or destroyed for reasons beyond control The Photographer(s) liability shall be limited
to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received.
- All orders should be placed with The Photographer(s) before the end of
the 12 month period starting at the contract date. The Photographer(s) will not be liable for failure to produce
any orders placed after this time.
9. Cancellation Fees: If The Client(s) should have
to cancel a booking the following cancellation fees (as may be appropriate to their case) will become due immediately upon
- Cancellation within one week of booking and more than
four complete months to go until contract date - £300 non- refundable booking fee ( see clause 5a).
- Cancellation with less than four months to go until contract date - full
price for the complete package booked.
- In all cases where
The Photographer(s) is able to rebook the date with an equivalent booking, then the cancellation fee will be reduced
to the non-refundable booking fee only and any additional cancellation fees already paid will be refunded accordingly.
10. Placing an Order and Receipt of Goods:
- Any alterations to orders must be notified either by
telephone or in writing (sent by special delivery) within one working day of the order being placed. The Photographer(s)
will not be held liable for any costs incurred due to alterations to the order made by The Client after this time.
- All wedding orders will take approximately six to eight weeks to complete.
All other orders will take approximately four to six weeks. The Client(s) will be informed by either telephone or
in writing once the order is ready and available for collection. The Photographer(s) are able to store completed
orders for a maximum of two months and after this time any orders not collected may be destroyed.
- The Photographer(s) must be notified either by telephone or in writing
(sent by special delivery) within two working days of The Client(s) being in receipt of their order in the case
of error, shortage or damage as mistakes cannot be rectified after this period.
- Due to the nature of the product The Photographer(s) are unable to give exchanges
or refunds. This does not affect your statutory rights.
11. Governing Law: Any contract made between The Photographer(s)
and The Client(s) shall in all respects be governed by and construed in accordance with English Law and the parties hereto
submit to jurisdiction of the English courts.
12. Insurance: The Client(s) are hereby advised to take out an insurance policy to cover any expenses
in the event of cancellation.