Thank you for booking me as your photographer. Please complete the contract below.
Contract
Introduction
1. This contract is entered into between Karen Thorburn Photography and the Client.
Karen Thorburn Photography’s contact details are as follows:
Karen Thorburn Photography
Glendhu Cottage
Balblair
Dingwall
Ross-shire
IV7 8LL
Email: karen@karenthorburn.com
Mobile: +44 (0)7761985752
2. This contract is accompanied by a completed “Event Booking Form“, which shall be read in conjunction with and shall form an integral part of this Contract.
Fees
3. The total fee payable shall be dependent upon the photography package selected by the Client in completing the Event Booking Form. The Client is required to select a photography package at the time of making the booking. The Client may change their selection to a higher price package at any time prior to the event date, in which case the amount of the total fee shall increase accordingly. Any agreed amendments to the chosen photography package must be noted in the Event Booking Form.
4. At the time of booking, the Client shall pay a booking fee of fifty per cent (50%) of the total fee, in return for which Karen Thorburn Photography shall reserve the booked date. This payment shall secure the booked date only. The booking fee is non-refundable and is not transferable to any other date. The booking fee shall constitute the first instalment of the total fee payable to Karen Thorburn Photography, and shall reduce the outstanding amount of the total fee owed by the Clients to Karen Thorburn Photography accordingly.
5. Two (2) calendar months before the event date, the Client shall pay the outstanding amount of the total fee in full.
6. If the Client does not make payment as it falls due in accordance with the terms of Clauses 3 to 5 above, Karen Thorburn Photography reserves the right to cancel the booking, terminate this Contract and retain the non-refundable booking fee.
7. Editing and basic re-touching of images is carried out at the discretion of Karen Thorburn Photography to enhance the appearance of the images, including (but not limited to) the lighting, exposure, colour temperature and crop, in addition to Karen Thorburn Photography’s ‘signature’ touches. Additional fees will apply if the Client requests extensive re-touching including (but not limited to) skin smoothing and image manipulation.
8. In the event that any additional costs are incurred by the Client after the final payment is made in accordance with Clause 5 above, as a result of the Client’s extended photographic coverage on their event date, requesting a more expensive album option, or extensive re-touching, such additional costs shall be paid within seven (7) days after any additional invoice for those costs is issued by Karen Thorburn Photography or within seven (7) days after the event date, whichever is the sooner. In the event that any additional costs are incurred by the Client after the event date through a request from the Client to include additional sides for the Client’s selected album, such additional costs must be paid within seven (7) days of the additional invoice that Karen Thorburn Photography will issue in respect of such costs. Karen Thorburn Photography reserves the right to withhold finalising and providing the completed images and any products to the Client until all additional costs, however incurred, have been paid in full by the Client.
9. Payments can be made by bank transfer, as follows.
Account name: Karen Thorburn Photography
Bank: Royal Bank of Scotland
Account number: 00602422
Sort code: 83-15-17
Reference: please use the invoice number
Postponement
10. If the Client postpones the event date for any reason, the Client and Karen Thorburn Photography shall discuss whether Karen Thorburn Photography will be available for the revised event date:
a. If Karen Thorburn Photography is available for the revised event date, the Client shall pay to Karen Thorburn Photography a non-refundable booking fee of fifty per cent (50%) of the total fee payable in respect of the revised date (payable immediately) and Karen Thorburn Photography shall reserve the revised event date. All monies paid by the Client (save for the booking fee for the initial event date) shall be applied to the revised event date. Karen Thorburn Photography’s standard fee rates are regularly revised and, if the revised event date falls after such a fee revision, the total fee payable by the Client to Karen Thorburn Photography shall be recalculated using the revised fee rates applicable to the revised event date.
b. If Karen Thorburn Photography is not available for the revised event date, the postponement will be a cancellation by the Client, in accordance with Clauses 11-13.
Cancellation by Client
11. Should the Client need to cancel an event booking, then it is their sole responsibility to do so in writing or by email. The Client must ensure that this instruction has been received by Karen Thorburn Photography. Karen Thorburn Photography will personally contact the Client to discuss the cancellation and send confirmation of the details received.
12. If the Client cancels the event date or this Contract for any reason, the Client shall pay Karen Thorburn Photography a cancellation charge on the following basis:
a. If the cancellation is made six (6) calendar months or longer before the intended event date, the cancellation charge shall be fifty per cent (50%) of the total fee due.
b. If the cancellation is made less than six (6) calendar months before the intended event date, the cancellation charge shall be one hundred per cent (100%) of the total fee due.
c. The cancellation charge may be waived at the discretion of Karen Thorburn Photography if the cancelled booking is replaced by a like-for-like booking.
13. The cancellation charge is immediately payable by the Client at the time of cancellation, irrespective of the reason for such cancellation. Karen Thorburn Photography recommends that the Client secures insurance to cover these and any other costs.
Description of Services
14. Karen Thorburn Photography will provide photographic coverage of the event as outlined in the Event Booking Form.
15. Karen Thorburn Photography reserves the right to use the services of a second shooter.
Limitation of Liability
16. If Karen Thorburn Photography is unable to photograph the event due to circumstances beyond Karen Thorburn Photography’s reasonable control, including (without limitation) natural disasters, civil unrest, force majeure, injury or sickness, all reasonable efforts will be made by Karen Thorburn Photography to find a replacement photographer of standing to Karen Thorburn Photography’s satisfaction, although this cannot be guaranteed. If another photographer cannot be found, all monies paid by the Client (including any booking fee paid for the specific event date) will be refunded in full. Karen Thorburn Photography shall have no further liability to the Client for any additional losses, costs or expenses incurred as a result of any inability to attend under this Clause.
17. In the unlikely event of a total photographic failure or if Karen Thorburn Photography is unable to photograph the event due to any circumstances beyond Karen Thorburn Photography’s reasonable control, Karen Thorburn Photography’s liability shall be limited to a full refund of monies paid.
18. Karen Thorburn Photography will endeavour to take and provide photographs that are specifically requested by the Client prior to the event date. However, due to changes in the weather, available lighting conditions, availability and willingness of subjects, Karen Thorburn Photography does not undertake to guarantee that specific photographs will be taken, nor that any specific background, location or group arrangement will be incorporated. Also, as the willingness and availability of guests is outside the control of Karen Thorburn Photography, no guarantee is given that everyone present on the event date will be included in photographs taken by Karen Thorburn Photography.
19. The Client should note that photographers are sometimes limited by rules imposed by venue management as to what can and cannot be done. In such circumstances the Client agrees to accept the technical and creative limitations that may be imposed on Karen Thorburn Photography. It is advised that the Client familiarise themselves with the rules of the venue and, if necessary, negotiate with the personnel concerned.
20. Any complaints should be made within four (4) weeks of the images being supplied in writing to Karen Thorburn Photography, Glendhu Cottage, Balblair, Dingwall, Ross-shire, IV7 8LL or by email to karen@karenthorburn.com. Karen Thorburn Photography will endeavour to respond within seven (7) days.
Privacy
21. Karen Thorburn Photography will store the Client’s details on a private internal database. These details will not be made available to companies or individuals outwith Karen Thorburn Photography. The only exception to this is where the Client has ordered an album or other product to be delivered by post or by courier. Karen Thorburn Photography will provide the Client’s postal address, email address and telephone number to a trusted courier so that the product(s) can be delivered to the Client at a convenient time.
Photographic Rights
22. Karen Thorburn Photography shall have creative licence in relation to locations, poses used, judgement on photographic style, the number of photographs taken and the colour and style of images and their presentation including any cropping for album design and the album design itself. Specific album covers requested by the Client in the Event Booking Form may vary or be discontinued. In such case, this Contract shall continue and the Client shall select another album cover option (with an adjustment being made to the total fee where appropriate).
23. Within six (6) weeks of the event date, Karen Thorburn Photography will provide the Client with a collection of the photographs taken on the event date for their consideration.
a. The Client may choose to purchase the photographs in electronic format stored on a USB drive. If the Client loses the USB drive or it becomes damaged, Karen Thorburn Photography may be able to provide a replacement copy at a reasonable charge. However, Karen Thorburn Photography cannot guarantee that any copies of any photographs will continue to be available after the initial USB drive is provided to the Client and strongly recommends that the Client makes their own back-up copies of any digital photographs received.
b. If the package chosen by the Client includes one or more hard-copy photograph albums, the Client must, in discussion with Karen Thorburn Photography, select the photographs that they wish to use in their selected album(s) within six (6) calendar months after the date on which the photographs are provided by Karen Thorburn Photography.
c. The costs of materials needed to complete the photograph albums may increase over time. Accordingly, if the Client does not select the photographs that they wish to include in their selected album within six (6) calendar months after the photographs are provided by Karen Thorburn Photography, Karen Thorburn Photography reserves the right to charge the Client additional sums to reflect this increase in material costs, which sums shall be invoiced to the Client by Karen Thorburn Photography. Any such invoice issued in accordance with this Clause is payable within seven (7) days and must be paid in full by the Client before Karen Thorburn Photography will provide the finalised and complete album to the Client.
d. Copyright (whether under the Copyright, Designs and Patents Act 1988 or otherwise) in the photographs taken by the Karen Thorburn Photography photographer on the event date shall belong to Karen Thorburn Photography, subject to the following provisions:
e. Karen Thorburn Photography shall have permission to use any and all photographs for any purpose including (without limitation) display, exhibition, competition, internet, television and/or and printed media publications for the promotion of Karen Thorburn Photography.
f. The Client shall be entitled to make copies of any photographs provided by Karen Thorburn Photography for their own personal use or for distribution to friends and family members. However, the Client agrees that they shall not use (and shall not permit any other to use) any Karen Thorburn Photography photograph for any commercial purpose or in any publication (including, without limitation, publication on any public website) without the prior written consent of Karen Thorburn Photography.
Exclusivity
24. The Client agrees that Karen Thorburn (or such other photographer provided by Karen Thorburn Photography in accordance with Clauses 15 and 16 above) shall be the sole professional photographer permitted to take photographs at the event. Karen Thorburn Photography reserves the right to stop photographic coverage if another professional photographer is permitted by the Client to take photographs at the event, which shall be treated as a cancellation by the Client of this Contract on the event date in accordance with Clauses 11-13.
25. Karen Thorburn Photography must be given precedence over guests taking photographs and Karen Thorburn Photography cannot be held responsible for any lack of photographs if guests have interrupted Karen Thorburn Photography’s work. However, Karen Thorburn Photography does positively encourage family, friends and colleagues to take photographs throughout the event.
Digital Agreement
26. By completing this online form, the Client hereby agrees to enter into a contract with Karen Thorburn Photography as detailed above. This Contract is subject to normal terms and conditions as a written contract would be.
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