Thank you for booking me as your photographer. Please complete the booking form below.
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
Mobile: +44 (0)7761985752
Landline: +44 (0)1349870895
2. This contract is accompanied by a completed “Family Booking Form“, which shall be read in conjunction with and shall form an integral part of this Contract.
3. The total fee payable shall be dependent upon the photography package selected by the Client in completing the Family 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 family photoshoot 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 Family Booking Form.
4. At the time of booking, the Client shall pay a retainer fee of twenty-five per cent (25%) of the total fee, in return for which Karen Thorburn Photography shall reserve the family photoshoot date. This payment shall secure the booked date only. The retainer fee is non-refundable and is not transferable to any other date. The retainer 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 family photoshoot 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 retainer 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 payment is made in accordance with Clauses 3 to 5 above, as a result of the Client requesting a more expensive photography package, 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 family photoshoot date, whichever is the sooner. 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, cheque or PayPal.
Bank transfer (preferred):
Account name: Karen Thorburn Photography
Account number: 00602422
Sort code: 83-15-17
Bank: Royal Bank of Scotland
Reference: your surname and event date
Payable to: Karen Thorburn Photography
To be posted to:
The Clients must pay a 5% surcharge if submitting payments via PayPal.
10. If the Client postpones the family photoshoot date for any reason, the Client and Karen Thorburn Photography shall discuss whether Karen Thorburn Photography will be available for the revised family photoshoot date:
a. If Karen Thorburn Photography is available for the revised family photoshoot date, the Client shall pay to Karen Thorburn Photography a retainer fee of twenty-five per cent (25%) of the total fee payable in respect of the revised date (payable immediately) and Karen Thorburn Photography shall reserve the revised family photoshoot date. All monies paid by the Client (save for the retainer fee for the initial family photoshoot date) shall be applied to the revised family photoshoot date. Karen Thorburn Photography’s standard fee rates are regularly revised and, if the revised family photoshoot 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 family photoshoot date.
b. If Karen Thorburn Photography is not available for the revised family photoshoot 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 a family photoshoot 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 family photoshoot 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 two (2) calendar months or longer before the intended family photoshoot date, the cancellation charge shall be fifty per cent (50%) of the total fee due.
b. If the cancellation is made less than two (2) calendar months before the intended family photoshoot 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 family photoshoot as outlined in the Family Booking Form.
Limitation of Liability
15. If Karen Thorburn Photography is unable to photograph the family photoshoot due to circumstances beyond Karen Thorburn Photography’s reasonable control, all reasonable efforts will be made by Karen Thorburn Photography to re-schedule the family photoshoot to a revised date suitable to both Karen Thorburn Photography and the Client. If a revised date cannot be agreed, all monies paid by the Client (including any retainer fee paid for the specific family photoshoot 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.
16. In the unlikely event of a total photographic failure or if Karen Thorburn Photography is unable to photograph the family photoshoot 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.
17. Karen Thorburn Photography will endeavour to take and provide photographs that are specifically requested by the Client prior to the family photoshoot 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.
18. 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 firstname.lastname@example.org. Karen Thorburn Photography will endeavour to respond within seven (7) days.
19. 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 a product(s) 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.
20. 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 wall art design.
21. Within six weeks of the family photoshoot date, Karen Thorburn Photography will provide the Client with a collection of the photographs taken on the family photoshoot 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 framed prints, the Client must, in discussion with Karen Thorburn Photography, select the photographs that they wish to use in their framed print(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 framed prints may increase over time. Accordingly, if the Client does not select the photographs that they wish to include in their framed print(s) 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 framed print(s) 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 family photoshoot 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.
22. 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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