Terms of service

Terms and Conditions

1. Introduction

This agreement establishes a formal business relationship between Stu Whittaker Photography (the "Photographer") and the individual or entity commissioning photographic services (the "Client"). By engaging the Photographer's services, the Client explicitly indicates their unconditional acceptance of the terms and conditions outlined herein.

2. Booking and Payment

Booking Fee: A non-refundable booking fee equivalent to 40% of the total package price is required to secure the preferred booking date. This fee serves as a deposit to reserve the Photographer's services for the specified event.

Balance Payment: The remaining balance of the package price is due 28 days prior to the event date. A 15% daily late fee will be imposed for any payments received after this deadline. Persistent late payments extending beyond 14 days from the due date may result in the cancellation of the booking and forfeiture of the initial booking fee.

Additional Charges: Any supplementary services or costs incurred beyond the scope of the original package must be mutually agreed upon in writing before the commencement of the event.

Payment Methods: Acceptable payment methods include bank transfer, PayPal, and credit card transactions.

3. Photography Session

Photographer’s Commitment: The Photographer commits to arriving at the designated location at least 30 minutes prior to the scheduled event start time. The Photographer will remain on-site until the event concludes as specified in the contract.

Overtime Charges: Any photography services extending beyond the contracted hours will incur an additional charge of £60 per hour.

Unforeseen Circumstances: While the Photographer exercises diligence to adhere to the agreed schedule, no liability is assumed for delays caused by circumstances beyond reasonable control, such as extreme weather conditions or unforeseen traffic congestion.

4. Image Delivery and Ownership

Image Provision: The Client will receive a comprehensive collection of professionally edited digital images within a four-week timeframe following the event. Images will be accessible through a dedicated online gallery and can be downloaded for personal use. A USB drive containing the images can be purchased as an optional extra.

Image Editing: Basic image enhancements, including color correction and exposure adjustment, are incorporated into the standard package. Extensive editing, such as retouching or object removal, may necessitate additional charges and will require a 48-hour turnaround time.

Copyright and Usage: The Photographer retains exclusive ownership of all photographic images. For event photography, Clients are granted a non-commercial use license, permitting personal use of the images. For portrait photography, including sessions involving children, the specific usage rights granted to the Client will be outlined in the booking confirmation and any accompanying documentation. Commercial exploitation of any images requires explicit written authorization from the Photographer and may be subject to additional fees. The Client acknowledges and agrees that the Photographer may use a selection of the Images, including those from children's portrait sessions, for promotional purposes, including but not limited to display on the Photographer's website (www.stuwhittaker-event-photography.co.uk), social media, and marketing materials, subject to the explicit consent provided in a separate Model Release.

5. Rescheduling and Cancellation

Rescheduling: If unforeseen circumstances necessitate a change in the booking date, the Photographer will make every effort to accommodate the Client's request. However, availability cannot be guaranteed.

Cancellation: The booking fee is non-refundable. A partial refund equivalent to 15% of the total package price may be considered for cancellations initiated more than 72 hours before the event, subject to the Photographer's discretion.

6. Client Responsibilities

Payment Adherence: The Client is obligated to fulfill all financial obligations as outlined in the agreement to ensure the smooth progression of the photography services.

Image Usage: The Client agrees to utilize the photographs in accordance with the terms outlined in this agreement, respecting the Photographer's copyright.

Event Cooperation: The Client is responsible for providing full cooperation and unrestricted access during the photography session to facilitate optimal image capture.

7. Photographer’s Liability

Insurance Coverage: The Photographer maintains comprehensive professional indemnity insurance to safeguard against potential claims related to the provision of photography services.

Limitation of Liability: The Photographer shall not be held accountable for any property damage, personal injury, or consequential losses arising from the fulfillment of the contract.

8. Data Protection

Data Handling: The Photographer is committed to handling Client data in strict compliance with the Data Protection Act 2018. Special care is taken with data related to minors, in accordance with applicable regulations.

Privacy Policy: A detailed privacy policy outlining data handling procedures is readily accessible on the Photographer’s website: https://www.stuwhittaker-event-photography.co.uk/privacy-policy-1

Image Usage Consent and Model Release: By engaging the Photographer's services, the Client (parent or legal guardian, in the case of minors) grants permission for the use of their name and images for marketing purposes, unless explicitly objected to in writing. For all portrait photography sessions involving children, a separate Model Release form will be provided to the Client (parent or legal guardian) for review and signature prior to the session. This Model Release will clearly outline the specific usage rights granted to the Photographer, including but not limited to website display, portfolio use, and social media promotion, and ensures informed consent is obtained. The terms of the Model Release will take precedence over any general marketing consent provided within these Terms and Conditions regarding the use of images of minors.

9. Intellectual Property

Image Ownership: All photographic images remain the exclusive intellectual property of the Photographer.

Trademark Protection: The Photographer's business name and logo are legally protected trademarks.

10. Force Majeure

Neither party shall be held responsible for any failure or delay in fulfilling contractual obligations if such failure or delay is caused by circumstances beyond their reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, strikes, lockouts, or other industrial disputes, fire, flood, or other natural disasters, epidemics, pandemics, or government restrictions.

11. Dispute Resolution

Any disputes arising from this agreement shall be subject to the exclusive jurisdiction of the English courts.

12. Entire Agreement

This agreement constitutes the comprehensive understanding between the parties, superseding all prior communications, representations, or agreements, whether oral or written.

13. Modifications

The Photographer reserves the right to modify these terms and conditions. Clients will be notified of any changes at least 10 weeks in advance of their implementation.

14. Severability

If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15. Waiver

The failure of either party to enforce any provision of this agreement shall not be construed as a waiver of that provision or of the right to enforce any subsequent provision.

By engaging the Photographer’s services, the Client explicitly acknowledges and accepts the terms outlined in this agreement.