Effective January 22, 2020

In the following terms & conditions, "Photographer" meaning Christopher Taylor DBA Chris Taylor Photography and "Client" meaning any person, body of persons, firm or Company with whom Photographer enters a contract for the sale of goods or provision of services by Photographer.

 

ACCEPTANCE OF TERMS AND CONDITIONS 

All contracts and transactions between Photographer and Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between Photographer and all or any of its Clients.

 

BOOKING FEE AND PAYMENTS

A non-refundable booking fee of 20% should be paid at the time of booking. This is nonrefundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation. Sessions/events that are postponed or rescheduled will be retained as long as the photographer can reschedule for a new open date and time. The booking fee will be deducted from the cost of the client's chosen package when calculating the final balance due. Full balance will be due at the time of session or within 10 business days of receiving an invoice from photographer.

Any and/or all fees or expenses incurred by Photographer in trying to obtain payment of overdue balances/invoices shall be borne by Client.

 

CANCELLATION FEES / OVERRUNS

If the client(s) should have to cancel a booking, the following cancellation policies will take place immediately upon said cancellation:

Email must be sent to ChrisTaylor.Photography@outlook.com to cancel a session/event booking
Booking deposit shall be forfeit (non-refundable)
Because a booking is considered set from the date of confirmation, if a booking is cancelled by Client within 24 hours of the starting time, Photographer reserves the right to charge his full fee for the assignment.
In the event of any cancellation/postponement, Photographer may charge in full for expenses (e.g. including but not limited to; travel arrangements, location/studio fees, hire of specialist equipment, props, model fees, etc.), that Photographer may have incurred (or committed to) prior to the cancellation/postponement.
Photographer may make additional charges should an assignment overrun due to circumstances beyond the control of Photographer (e.g. including but not limited to; Client requesting additional photographs over and above Client's original brief etc).

 
DISPLAY

Photographer reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes. This includes, but is not limited to business promotion, brochures, magazines, articles, websites, social media, sample documents, etc.

 

COPYRIGHT AND OWNERSHIP

In accordance with the Copyright, Designs & Patents Act 1988, the Photographer shall own the copyright in all images created and shall have, unless expressed in writing, the exclusive right to make reproductions. All photographic materials, including but not limited to digital files, negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer.

Unless given written authorization through a separate licensing agreement or specified print release, it is prohibited by law to copy any images created by Photographer. Licensing agreements and print releases create specific parameters to which copies, reproductions, or distribution of images can occur. The license to reproduce such images is granted to the Client by separate agreement on the understanding that the license is only granted once all payments are made in full.

If Client wishes to own the copyright of images created by Photographer, an additional fee will be paid by Client to Photographer for transferring the copyright. The transfer of copyright will only become applicable after this payment has been made in full.

 

RETOUCHING

All images will be adjusted for exposure, brightness, contrast, sharpness, etc. The Photographer's judgement regarding these corrections and the number of images put forward to the Client for preview shall be deemed correct. Retouching, digital manipulation and artist finishing is available to the Client as an option at extra cost.

 

CREATIVE LICENSE AND REPRODUCTION

The Photographer shall be granted artistic license in relation to the poses photographed and the locations used. The Photographer’s judgement regarding the locations/poses and number of images taken shall be deemed correct. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested.

Photographs taken during the session/event will be at the discretion of the photographer although every effort will be made to comply with client’s requests and requirements. Although every effort is made to comply with the client's wishes, special requests or desires are not binding instruction. While the Photographer will do their best to honor the requested photographs, the Photographer does not guarantee any specific picture nor to incorporate any specific background, location, or group arrangements due to changes in weather, time permitted and the availability and willingness of subjects. For events/sessions booked at certain locations for events/sessions, the photographer’s movements are sometimes restricted by layout, population, and other circumstances. While the best effort will be made to be in the ideal location, the area from which the photographer is able to cover the event/session may not be the photographer's choice and the photographer cannot accept responsibility for any obstructed view should this be the case.

Due to a variety of lighting conditions and the limitations of digital sensors, some colors may alter throughout a set of photographs.

Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.

Reproduction rights are strictly limited to the use specified on Photographer's licensing agreement, contract, and/or print release. An agreement must be reached with Photographer before the images are used for a different purpose or after the license to use has expired. Photographer reserves the right to charge an additional fee if the images are used for purposes other than what is depicted within those agreements. Photographer also asserts his statutory and moral right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.

 

CLIENT USAGE

Client usage is specific in licensing agreements and print releases made between the photographer and client(s). Client obtaining prints through print release are for personal use only and shall not sell said prints/images or authorize any reproductions thereof by parties other than the photographer as stated in the print release.

If client is obtaining image/print for reproduction or publication, the photographer and client will enter a licensing agreement where usage and reproduction limitations will be specified. Client is only authorized to reproduce, transmit, or publish image/print only as agreed upon by photographer and client within the agreement.  

 

DELIVERY

Photographer shall use reasonable endeavors to meet agreed deadlines where applicable. The Photographer will endeavor to make images available and/or send digital files/prints as quickly as possible. However, this could take a long as 2-3 weeks during busier periods.

Photographer shall not be liable for any delays in meeting any of his obligations which were due to causes beyond his reasonable control including but not limited to; internet/power failures, postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit etc.

 

PRINTS

All prints ordered directly from Chris Taylor Photography outside of client galleries shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing.

Prints ordered directly from client galleries are fulfilled by a third party lab-fulfillment process. Payment of orders is due in full when the order is placed. Production and Shipping timelines are dependent on the policies of the fulfillment lab. While the lab fulfillment is done by a reputable and professional lab, photographer cannot 100% guarantee against manufacturing blemishes, quality, mistakes, or incorrectly sent prints. Photographer cannot issue refund or replace orders done through gallery orders.  However, Photographer will assist client in the refund or replacement process with the client and provide any and all necessary information to facilitate that process. Photographer may replace print orders that were incorrectly fulfilled by the lab and a negotiation with the lab failed. Photographer reserves the right to charge only production costs in this event.

All prints and products are subject to your state sales tax and shipping when applicable. Due to the nature of digital photography and custom prints, all sales are final.  For orders placed on christaylorphotos.com, payment is due in full when the order is placed. Prints and products typically take 1-3 weeks to produce once payment is received and an additional 1-2 weeks for shipping.

 

COMPLAINTS AND REFUNDS

Any complaints or concerns should be raised by the Client with the Photographer in writing, via email at ChrisTaylor.Photography@outlook.com within 7 days from the date of receipt of images.

Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing. Photographer will use best endeavors to follow any guidelines provided by Client in writing, prior to commencement of the assignment.

Photographer maintains a strict NO REFUND policy. Due to the nature of digital photography and the fact that photographs, once sent, cannot be returned, once a transaction has been completed (i.e., the client booked a session/event, paid the balance in full, and received the specified images) it is considered finalized and therefore non-refundable.

In the event that the photographer has not completed the agreed services, made grievous mistakes, or under reasonable scrutiny has not provided a quality service to the client. The photographer will offer a complimentary session of equal value to the client at no additional charge.

No Refund will be given under any circumstance if you fail to attend the session/event on the scheduled day and time when the booking was made.

Any questions regarding this Policy, please email ChrisTaylor.Photography@outlook.com

 

CHANGES TO ASSIGNMENT

All prices quoted or advertised to Client apply only to the original job description and specifications agreed upon and specified within the initial session, event, freelance, or print agreement/contract. Photographer reserves the right to charges additional fees and expenses should these descriptions or specifications differ or change before or during the assignment. Wherever possible, Photographer shall endeavor to provide an indication of what these additional charges will be.

 

REPRESENTATION

For special events/occasion bookings, the client shall ensure that there is an authorized representative present at the assignment to ensure the correctness of Photographer's interpretation of Clients brief. In the event of no Client representation, Photographer's interpretation of the brief shall be deemed as correct.

 

PERSONAL ACCIDENT

Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.

 

FORCE MAJEURE – ACT OF GOD

If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown etc. The Photographer shall return the deposit and any fees paid to the Client but shall have no further liability with respect to the Agreement.

This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or computer malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.

The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.

 

LIMITATION OF LIABILITY

In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.

 

DIGITAL NEGATIVE FILES

All digital negatives (computer files) remain the property of the photographer. Should the digital negative files be lost, damaged of destroyed for the 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.

 

TERMS & GOVERNING LAW

This Agreement incorporates the entire understanding of both parties. This agreement shall be governed in accordance with the laws of the State of West Virginia and the United States. Photographer reserves the right to amend these Terms and Conditions without prior notice.

 

PHOTOGRAPHER: Christopher Taylor DBA Chris Taylor Photography