Portrait Photography Booking Form - Karen Thorburn Photography

Thank you for booking me as your photographer. Please complete the booking form 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 “Portrait Photography 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 Portrait Photography Booking Form, which details the fees payable for each booking option. The Client is required to select one of the listed packages at the time of making the booking. The Client may change his or her selection to a higher price package at any time prior to the photoshoot date, subject to agreement with Karen Thorburn Photography, 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 Portrait Photography Booking Form.

4. At the time of booking, the Client shall pay a non-refundable booking fee equal to one hundred per cent (100%) of the total fee. A payment plan may be agreed with Karen Thorburn Photography if the Client is booking a Deluxe Photography Package or the Solo Branding Package, in which case a fifty per cent (50%) non-refundable booking fee must be made at the time of booking, with the remaining balance due one (1) calendar month before the photoshoot date.

5. If the Client does not make payment as it falls due in accordance with the terms of Clauses 3 to 4 above, Karen Thorburn Photography reserves the right to cancel the booking, terminate this Contract, and retain the non-refundable booking fee.

6. In return for the booking fee, Karen Thorburn Photography shall reserve the photoshoot date.

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 7 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. 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 photoshoot date for any reason, the Client and Karen Thorburn Photography shall discuss whether Karen Thorburn Photography will be available for a revised photoshoot date within three (3) calendar months of the original photoshoot date:

a. If Karen Thorburn Photography is available for the revised photoshoot date, this date shall be reserved. Karen Thorburn Photography’s standard fee rates are regularly revised and, if the revised photoshoot date falls after such a fee revision, the fees payable by the Client to Karen Thorburn Photography shall be recalculated using the revised fee rates applicable to the revised photoshoot date.

b. If Karen Thorburn Photography is not available for the revised photoshoot date, the postponement will be a cancellation by the Client, in accordance with Clauses 11-12.

Cancellation by Client

11. Should the Client need to cancel a 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 photoshoot date or this Contract for any reason, Karen Thorburn Photography reserves the right to retain the non-refundable booking fee.

Description of Services

13. Karen Thorburn Photography will provide photographic coverage of the photoshoot as outlined on the Karen Thorburn Photography website.

Limitation of Liability

14. If Karen Thorburn Photography is unable to photograph the 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 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 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.

15. In the unlikely event of a total photographic failure or if Karen Thorburn Photography is unable to photograph the 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.

16. Karen Thorburn Photography will endeavour to take and provide photographs that are specifically requested by the Client prior to the 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.

17. 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

18. 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.

Photographic Rights

19. 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.

20. Within four (4) weeks of the photoshoot date, Karen Thorburn Photography will provide the Client with an online password-protected gallery of the photographs taken on the photoshoot date for their consideration.

a. The Client will receive their images via a digital download link. The Client may also choose to purchase a USB drive. If the Client loses the digital files or they become damaged, Karen Thorburn Photography may be able to provide replacement copies at a reasonable charge. However, Karen Thorburn Photography cannot guarantee that any copies of any photographs will continue to be available after the initial digital files are 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 a Storyboard Gallery Frame and/or album, the Client must, in discussion with Karen Thorburn Photography, select the photographs that they wish to use in their products within four (4) weeks of the date on which the online password-protected gallery is made available to the Client.

c. The costs of materials needed to complete the Storyboard Gallery Frame and/or album may increase over time. Accordingly, if the Client does not select the photographs that they wish to include in their products within four (4) weeks of the date on which the online password-protected gallery is made available to the Client, Karen Thorburn Photography reserves the right to charge the Client any 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.

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 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. Furthermore, the Client agrees that they shall not edit the images by, for example, applying filters or cropping.

Digital Agreement

21. By completing this online Portrait Photography Booking 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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