Terms & Conditions - Stephen Young

TERMS AND CONDITIONS RUFF MUTT PAWTRAITS.

In the following Terms and Conditions: “Business” shall mean Ruff Mutt Pawtraits “Client(s)” shall mean “You” the Parties to the Contract; “Event” shall mean the Event title inserted into the Contract; “Photographer(s)” shall mean Ruff Mutt Pawtraits. “Products” shall mean any USBS, albums or other items listed in the Contract; “Services” shall mean photography to be carried out at the Event and any other Services agreed between the Client(s) and the Photographer and set out in the Contract; It is agreed that the following terms and the Contract, set out the entire agreement made between the parties, and that no variation or modification of the contract shall be effective unless agreed by both parties in writing. Each party acknowledges that, in entering into the contract, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in the Contract and these Terms & Conditions. Booking Fee The Photographer(s) will confirm the Event, Date, Time, Services upon receipt of cleared funds in respect of the Booking Fee. The Parties acknowledge that the Booking Fee is non-refundable or transferable in the event of cancellation by the Client.

PAYMENTS.

Ruff Mutt Pawtraits will be in contact with you approximately 1 to 2 weeks prior to your Event to arrange a pre-event appointment if this is deemed necessary. Any remaining balance is to be paid by that meeting date. All payments must be received in cleared funds prior to the Event. Following payment of the Booking Fee, the balance of fees due is to be paid as follows: • the remaining balance is due by the pre-event meeting or 14 days prior to the event if a pre- event meeting is not held. • Payment for any additional images or products must be made at the time of order. Failure to make payment by the dates stipulated may result in cancellation of your event. All cheques should be made payable to Stephen Young. Bank Transfer (BACS) payments are acceptable too. Late payments or returned cheques will attract an administration charge of £20. No photographs or albums will be delivered until all payments have been received in full in cleared funds. Where payment is to be made by a third party, the Parties acknowledge that they shall remain responsible for any balance outstanding in respect of the Contract.

LICENCE & COVERAGE.

The Photographer(s) shall be granted artistic license in relation to the poses photographed and the locations used. Although every effort will be made to comply with the Clients’ requirements, the Photographers’ judgement regarding the location, poses and number of photographs taken shall be deemed correct and not subject to dispute. Whilst the Photographer(s) shall endeavour to fulfil the Clients’ requirements, the Photographer(s) cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings, preventing the coverage of certain specified shots. Any alterations made to this Contract by the Clients once details have been confirmed may only be made at the discretion of the Photographer(s) and should be agreed in writing. Where the Photographer(s) is unable to accommodate alternative arrangements (such as a change of venue) the Photographer(s) are not liable to compensate the Client(s) in any way whatsoever.

INDEMNITY AND LIABILITY.

Ruff Mutt Pawtraits accepts no liability for any harm or injury to dogs or persons during the photoshoot or on route to or from the photoshoot. Photoshoot locations are chosen at the dog owner’s/clients’ risk and the dog owner/client should consider all risk factors before suggesting or accepting the location of the photoshoot. Ruff Mutt Pawtraits recommends the dog owners/clients visit the suggested location before the shoot to check that they are comfortable with any risks associated with the location. Ruff Mutt Pawtraits assumes that the dog owners/clients have given full permission for their dog/s to attend the photoshoot. Ruff Mutt Pawtraits will endeavour to broach with the dog owner/client any known medical conditions of the dog/s which could be aggravated by the photo shoot and/or terrain of the photoshoot however it is unquestionably the dog owners/client’s responsibility to raise any medical conditions and bring these factors to the attention of the photographer/s.

IMAGE & REPRODUCTION.

All print and presentation sizes quoted are approximate and subject to change at the discretion of the Photographer(s) and may be subject to slight variation. Whilst every effort will be made, the Photographer(s) cannot guarantee exact colour matching and is not held responsible for any colour variations which may occur due to light and location variations. Due to limitations of computer monitors and variations of computer operating systems, it is understood that images viewed via this method may appear differently according to the specification of each monitor/computer and that prints may not match images rendered on any particular computer monitor. Where images are made available for use on a USB device, reasonable steps are taken to ensure compatibility, but you acknowledge that USBs may not play on all devices including and not exclusive to computers. Only quality branded USB’s are used and each is checked prior to delivery. However, it remains the responsibility of the Clients to check for in-transit damage. The Photographer(s) cannot be held responsible for damage to equipment resulting from defective media.

REORDERS.

All reorders shall be treated as an extension of the Contract and no responsibility for any error will be accepted unless orders are provided in writing.

PRODUCTS.

In the event a product (such as an album) is no longer available a suitable alternative of similar quality will be offered. The photographers’ choice of an alternative will be deemed as correct and acceptable to the Client(s). Any surcharge resulting from the order of a new product following rejection of a replacement will be the responsibility of the Client(s).

OWNERSHIP.

All images shall remain the sole property of the Photographer(s) at all times. All completed albums and products shall remain the property of the Photographer(s) until full payment is received.

COPYRIGHT.

Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988 and remain the copyright of The Photographer(s) at all times unless there is express written agreement to the contrary. It is contrary to the Act to copy or allow to be copied photographically, electronically or by any other means an image created as part of this contract without the written permission of the Photographer(s). Ruff Mutt Pawtraits watermark will appear on all digital copies of the images. Manipulation of the image/s, i.e. cropping, editing, applying filters or reproducing (including screen capture) digital images and prints is forbidden. All publication and re-printing of images is forbidden unless prior permission has been granted in writing from Ruff Mutt Pawtraits.

INSURANCE & LIMITATION OF LIABILITY.

The Photographer(s) will maintain Public Liability and Professional Indemnity insurance at all times. However, 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 any indirect or consequential loss.

FORCE MAJEURE.

The due performance of this contract is subject to alteration or cancellation due to a Force Majeure Event. A Force Majeure Event means an event beyond the control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources. For the avoidance of doubt, it does not include circumstances where the Photographer(s) attend an Event to perform the Services and any of the Parties fail to attend.

CONDUCT.

It is the responsibility of the client to ensure the co-operative behaviour of subjects at a shoot. Should the photographer(s) feel unsafe at the contracted photoshoot or be subject to abuse and the client cannot control or prevent the situation then the photographer is entitled to advise the client of that situation and leave without forfeit on this contract (eg drunk / abusive guests at an event).

CANCELLATION.

Where the Photographer(s) has to cancel the Event, due to circumstances beyond his/her control the full amount of the Booking Fee and any further payments received will be returned to the Client(s). Where it is possible a re-shoot may be arranged (if practicable) however, the Photographer(s) will not be responsible or liable for any additional costs incurred by the Client(s).

COMPLAINTS.

All complaints should be raised by the Client directly to the Photographer in writing within 14 days of the occurrence which gives rise to the complaint. The Photographer will consider the complaint and shall provide a response to the Client within 14 days of receipt of the Complaint. In the unlikely event of an unresolved complaint the Client may request the Guild of Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.

GOVERNING LAW & JURISDICTION.

The parties irrevocably agree any dispute arising out of this contract shall be governed and construed in accordance with English Law and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.