Terms of Service

​

I will always do my best to meet and, hopefully, even exceed your photography requirements. However, it’s often best for everyone to be on the same page so that we both know what’s what, who does what and when, and what happens in the unlikely event that something goes wrong.

As is the industry standard, all my photography is conditioned upon the Terms and Conditions of my business. These terms may vary with each photo assignment. You, the client, will always receive exact details in advance of any work performed.

​

DEFINITIONS

• “Agreement” is by and between Gemma Duck (“Photographer”) and You (“Client”).

• “Client” includes client’s principals, employees, affiliates, and representatives.

• Client has the legal authority to enter into the Agreement on behalf of its employer, company, or organisation. Photographer’s relationship with Client is that of an independent contractor.

• “Image(s)” means all visual representations delivered to Client by Photographer, whether captured, delivered, or stored, in photographic, magnetic, optical, electronic, digital, analogue, or any other, media.

• “Publication” means any media outlets such as newspaper, magazines, websites, books and the like.

• “Work Request” means emails or phone calls requesting a service to be performed by Photographer.

• “Licence” means the right to use the image as specified at the time of Work Request.

 

COPYRIGHT

Client acknowledges that Photographer is the author of the Image(s) and also the first and sole owner of all copyrights of the Image(s). All Images and copyrights remain the exclusive property of Photographer without limitation. All Publication rights to the Image(s) specifically requested by the Client to be expressed in a written form (e.g. email) where possible and sent to the Photographer.

​

IMAGES ARE LICENSED FOR SPECIFIC USE(S) AND ARE NOT SOLD.

​

Client understands and agrees that it is not buying the Image(s) but is paying only for a licence to use the Image(s) as specified at the time of the Work Request. The term of licence begins from the date Photographer receives full payment of invoice.

Unless otherwise stated, Photographer retains the right to use any Image(s) for self-promotion purposes, provided that any such use is lawful and without harm to Client.

​

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. 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 agreement without the permission of Gemma Duck Photography in writing.

​

PHOTOGRAPHIC INTEGRITY and ALTERATIONS

Client will not make or permit any significant alterations, including, but not limited to, additions, subtractions, or adaptations, with respect of the Image(s), alone or with any other material, without the prior express permission of Photographer. Normal reproduction adjustments for colour, contrast, brightness, sharpness, and cropping, are permitted.

​

GENERAL LIABILITY and RELEASES

Client will indemnify, defend, and hold harmless, Photographer, and Photographer’s contractors and representatives, against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, arising from Client’s use of the Image(s).

Photographer is not responsible for obtaining model, property, trademark, or other releases in connection with any Image(s) unless specifically stated in the Agreement. It is Client’s responsibility to obtain the necessary permissions for any Image use that require releases.

In all event, Photographer’s liability for all claims will not exceed the total amount paid in accordance with the Agreement.

​

PAYMENT

Prompt receipt of full payment is a key tenet of the Agreement.

NO RIGHTS ARE GRANTED UNLESS AND UNTIL PHOTOGRAPHER HAS RECEIVED PAYMENT IN FULL. ANY USE PRIOR TO FULL PAYMENT WILL BE CONSIDERED AN UNAUTHORISED USE. CLIENT AGREES TO PAY PHOTOGRAPHER IN FULL BEFORE USING IMAGE(S) PROVIDED BY PHOTOGRAPHER.

All invoices are due upon receipt. Adjustments of amounts or terms must be requested within ten days of invoice receipt.

Photographer does not provide any receipts to Client. Photographer’s invoice will serve as Client’s receipt for work performed and services rendered.

The session fee secures the time and services of Gemma Duck Photography for the sitting and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by Gemma Duck Photography due to cancellation. Sittings that are postponed to a later date will retain the fee as long as Gemma Duck Photography can re-schedule for the new date and time.​

​Following payment of the session fee, balance of any fees due are to be paid on, or before the date of the sitting. No photographs will be delivered until all payments due have been paid in full. Payment for additional images and products is to be made when they are ordered.

​

LIMITATION OF LIABILITY

In the unlikely event of a total photographic failure or cancellation of this agreement 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 agreement. Neither party shall be liable for indirect or consequential loss. Gemma Duck Photography takes the utmost care with respect to exposure, transportation and processing of photographs, including using professional grade equipment and professional grade back-up equipment. However in the unlikely event of the client's photographs being lost, stolen, or destroyed for reasons within or beyond the control of Gemma Duck Photography the latter's liability is limited to the return of all payments received for the package. The limit of liability shall not exceed the contract price stated herein. The limit of liability for a partial loss of originals shall be a pro-rata amount of the exposures lost based on the percentage of total number of originals.

​

CANCELLATION

The Client may cancel this agreement at any time by giving written notice to Gemma Duck Photography but in doing so shall forfeit any monies paid. All cancellations must be in writing. 

 

FORCE MAJEURE

The due performance of this agreement is subject to alteration or cancellation by either party owing to any cause beyond their control.

​

​NEGATIVES/DIGITAL FILES

All negatives/digital files remain the property of Gemma Duck Photography.

​

​PHOTOGRAPHIC INTEGRITY and ALTERATIONS

The Client will not make or permit any significant alterations, including, but not limited to, additions, subtractions, or adaptations, with respect of the Image(s), alone or with any other material, without the prior express permission of Photographer. Normal reproduction adjustments for colour, contrast, brightness, sharpness, and cropping, are permitted.

​

​ARCHIVING DIGITAL FILES

While Photographer may choose to archive the Image(s), it is Client’s responsibility to properly store and archive the Image(s). Photographer cannot guarantee the availability of any Image(s) beyond the date of first delivery to Client.

Client is aware that optical, magnetic, electronic, and any other, media for storing digital data are inherently unstable. Client hereby releases Photographer and Photographer’s contractors and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by Photographer which may become unusable.

 

CREDITING and COPYRIGHT NOTICES

Published images are not required to be credited to Gemma Duck Photography. 

​

​PERFORMANCE

The performance of this agreement on behalf of Gemma Duck Photography shall be contingent upon force majeure, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and/or conditions beyond its control.

​If Photographer is unable to supply his photographic services due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond her control, then Photographer will attempt to procure the services of another professional photographer to fulfil her obligations. If that does not succeed, Photographer will return any fees paid by Client and will have no further liability with respect to this Agreement, and Photographer will not be responsible or liable for any other damages beyond the amount of this Agreement.

This limitation of liability will also apply in the event that any Images are lost or damaged through equipment malfunction, or otherwise, without the fault of Photographer.

 

​PERSONAL CAMERAS

Personal cameras are not allowed in studio/on location during your photography session. Please refrain from taking iPhone images or video recording. We work very hard to ensure your session is captured artistically and creatively. We ask that you respect our livelihood and refrain from taking photographs of what we are creating.

​

CANCELLATIONS and POSTPONEMENTS

Once Client and Photographer have agreed to time(s) and date(s) for a photography assignment, Photographer will not accept other work from any other clients for agreed time(s) and date(s).

Where Client postpones or cancels an assignment, or is unable to reschedule said assignment to a time and date agreeable to Photographer, Client will be responsible for payment of any and all expenses up to the time of postponement or cancellation, plus:

(a) Thirty-five percent (35%) of Photographer’s fees for postponement, or cancellation, less than twenty-four hours from the scheduled time, or

(b) Fifty percent (50%) of Photographer’s fees for postponement, or cancellation, after Photographer has departed for location.

If the same assignment is rescheduled for a later date, full fee and any additional expenses will be charged for the actual shooting.

Any deposits paid on booking become non-refundable for cancellation, or postponement, made within seven days of photography date.

Fees for cancellation or postponement will apply irrespective of the reasons for the cancellation or postponement. However, Photographer understands that life doesn’t always happen as planned and consideration will be given in any such circumstance.

8. RESHOOTS

Client is responsible for sending an authorised representative to the shoot. If no representative is present, Client must accept Photographer’s judgment as to the execution of the Image(s).

(a) If Client requires a reshoot, Client will pay Photographer an additional fee of one hundred percent (100%) of the fee stated in the invoice for the original shoot, plus all expenses for the reshoot.

(b) If a reshoot is required for reasons beyond the control of Photographer or Client, including, but not limited to, weather conditions, acts of God or the fault of a third party, Photographer will not charge an additional fee, but Client agrees to pay all expenses incurred as a result of the reshoot.

 

KILL FEE

Provided that Photographer has executed the photography assignment in a professional and competent manner, Client agrees to pay Photographer all fees and expenses in connection with said assignment, whether or not Client uses any Image(s).

 

ARCHIVING DIGITAL FILES

While Photographer may choose to archive the Image(s), it is Client’s responsibility to properly store and archive the Image(s). Photographer cannot guarantee the availability of any Image(s) beyond the date of first delivery to Client.

Client is aware that optical, magnetic, electronic, and any other, media for storing digital data are inherently unstable. Client hereby releases Photographer and Photographer’s contractors and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by Photographer which may become unusable.

 

DIGITAL FILE QUALITY

Photographer is committed to providing high quality services. Unless otherwise specified by writing by the Photographer, Photographer may deliver, and Client agrees to accept, the Image(s) encoded in an industry-standard data format that Photographer may select, at a resolution that Photographer determines will be suitable to the reproduction technology and use(s) for which the Image(s) is licensed.

Photographer uses cameras and monitors that are colour calibrated to industry standards. Due to variances in computer monitors, software and platforms, the Image(s) may display differently on other monitors. Therefore, neutrals will be set for mathematical neutrality and colour will be adjusted for pleasing tonalities.

It is Client’s responsibility to verify that the digital data, including colour profile, if provided, are suitable for reproduction of the expected quality and colour accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable (within a reasonable time frame), Photographer’s sole obligation will be to replace or repair the data, but in no event will Photographer be liable for poor reproduction quality, delays, losses, expenses, or consequential damages, resulting directly, or indirectly, from defects or errors in digital files or their use.

​

PRINT QUALITY

Photographer is committed to using high quality products. However, Client is aware that colour dyes, inks, and other materials, used in photography may fade or discolour over time. As such, Client releases Photographer, and Photographer’s contractors, and representatives, from any liability for any claims, damages, or costs, arising from any fading or discolouration of photographic prints.

​

ACCEPTANCE OF TERMS

Client may not assign or transfer the Agreement or any of the rights granted hereunder. The Agreement is binding upon, and inures to the benefit of, Client and Photographer, as well as their respective principals, employees, representatives, and successors. Client and its principals, and employees, are jointly and severally liable for the performance of all payments and other obligations hereunder.

No amendment or waiver of any items is binding unless set forth in writing and signed by the parties. E-mail and electronic signatures will be considered legal and binding. However, the invoice may reflect, and Client is bound by, Client’s oral authorisations for any additional Image(s), fees, and expenses, that could not be confirmed in writing due to the immediacy of completing the photography assignment.

In addition to oral and written agreements, use of any Image(s) by Client will constitute acceptance of all the above terms and conditions.

​

APPLICABLE LAW

This agreement shall be governed by the Laws of England and Wales.

​

​VARIATION

These Terms of Service shall not be varied except by agreement in writing.