With all photographic commissions, unless otherwise stated on invoice/contract, All photographer services offered by Michael Rowlands Photography are bound by these standard terms and conditions.
By agreeing to commission Michael Rowlands Photography and/or any of its associate photogrpahers, you agree to be bound by these standard terms and conditions of service including all image usage rights and licenses.
Standard Terms & Conditions
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/via email trail.
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.
Studio bookings/private commissions are only confirmed by receipt of the relevant booking fee. (refer to invoice/contract)
We require 48 hours notification of cancelation for any booking. All parties acknowledge that Booking Fee’s are non-refundable in the event of cancellation by the Client.
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).
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).
License and Coverage: The Photographer(s) shall be granted artistic license in relation to the poses photographed and the locations used unless otherwise stated in the initial brief. Although every effort will be made to comply with the Clients’ requirements, the Photographers’ judgement regarding the location, poses and number of images taken and /or given to the customer shall be deemed correct and not subject to dispute.
For commissions at certain venues, the Photographer(s) movements are sometimes restricted by third party officials, photography may be restricted or prohibited, as may the use of artificial lighting. The Photographer(s) cannot accept responsibility for limited coverage in such circumstances.
Unless otherwise stated, it is the clients duty to ensue access and permissions have been granted for photographic team access.
Advance recce, pre shoot prep and logistics management will incur additional fees.
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 or proceedings, preventing the coverage of certain specified shots. This includes non compliance of subjects, despite pre-determined arrangements.
Where relevant, over run of sessions will incur additional fees, charged at £70.00 per additional hour. (Additional hours will be rounded up, after a 10 minute grace period) 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 change of date and or venue or additional time) the Photographer(s) are not liable to compensate the Client(s) in any way whatsoever.
Image ownership and copyright: Any and all negatives and/or digital assets 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. 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).
At no time should any of images be shared online or printed without express written consent from Michael Rowlands Photography.
This is a breach of copyright and illegal. If you purchase the digital files, relevant releases will be included although the image copyright still remains with Michael Rowlands Photography. The clients hereby allow the photographer(s) to display any images relating to the contract and to generally promote the business in the Photographer(s) portfolio and by means of advertising, publicity material, websites, exhibitions, competitions, magazine articles, and other such media, providing that the images are used lawfully and without damage to the client(s).
By booking the photographer under these terms, you consent to the use of such images.
All stored media will be archived and kept for a minimum term of 12 months. After this point, the images may be destroyed. Image supply and Reproduction Unless by prior agreement, images will be supplied as digital assets via weblink download.
Unless organised in advance, files will be delivered as .JPG files. Image edits will be limited to the photographers discretion.
mages will be supplied at 300DPI up to a 2mb per image file maximum size. 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/mobile viewing 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 CD/DVD player by disc, reasonable steps are taken to ensure compatibility, but you acknowledge that discs may not play on all CD/DVD players and computers.
The Photographer(s) cannot be held responsible for damage to equipment resulting from defective media.
Retouching Retouching, digital manipulation and artist finishing is as per the agreement set out in the contract.
Reorders: All re-orders shall be treated as an extension of the contract and no responsibility for any error will be accepted unless orders are provided in writing.
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 & Safety: Our photographers will not tolerate verbally or physically abusive behaviour, (where relevant nor will they share their time or compete with third party photographers for the attention of the subjects. Unchecked conduct that interferes with photography may seriously affect the quality of the photographs taken and increase the number of times photos must be re-taken. If the Client is unable to control the conduct of themselves, those accompanying them or of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of third parties damages the equipment of the photographer, it will result in the early or immediate departure of the photographer or end of the session. The Client understands that in such an event, no refunds will be granted and dependent on the circumstances, additional costs my be incurred.
Substitution: In the unlikely event that the assigned photographer is unable to attend the session or event due to unforeseen circumstances, Michael Rowlands Photography reserves the right to appoint another suitable photographer(s) to work on our behalf to undertake the photography to his/her best ability.
See below for amendments and or notes affecting any unique requirements or special mentions dedicated to specific bookings.
