General Terms & Conditions for Portrait & Wedding Photography
In the following terms & conditions “the photographer” shall mean Paul Hawkett trading as Paul Hawkett Photography. “The client(s)” shall be those persons defined in the booking form. It is mutually agreed that the following terms of agreement form an integral part of this contract and cannot be varied in any way by the client(s) unless such conditions are expressly agreed by the photographer in writing. By booking with the photographer you agree to the below Terms and Conditions.
1. Booking Fee:
1.1 A non refundable £200 deposit booking free is required at the time of booking in order to reserve and secure the appointment unless otherwise confirmed by Paul Hawkett Photography. Payment may be paid by cash, cheque or bank transfer. Please make cheques payable to “Paul Hawkett“. Please note, if paying by cheque your booking will not be secure until the cheque has cleared.
2.1 Balances owed for photo shoot appointments must be paid in full 14 days before the event date.
Payment for all extra items ordered must be made at the time of ordering. Prices for prints, digital images, mounts and framing options are available upon request. If paying the full balance owed or additional products by cheque prints and products will not be made available until the cheque has cleared!
3.1 All charges and additional goods specified on the booking form are supplied at the prices ruling on the date of booking. Goods not specified on the booking form are supplied at the prices ruling at the time of receipt of the order.
4.1 The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc.
5. License, Coverage and Reproduction:
5.1 Photographs taken during the course of the session/event will be at the discretion of the photographer although every effort will be made to comply with the clients requirements.
5.2 The photographer shall be granted artistic license in relation to the poses photographed and the locations used. The photographer’s judgement regarding these matters shall be deemed correct.
5.3 When attending events the photographer shall endeavour to photograph all individuals as requested by the client(s) at some point, but no responsibility will be taken by the photographer on the occasion of leaving somebody out.
5.4 At certain venues, the photographer’s movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the event may not be the photographer’s choice and the photographer cannot accept responsibility for any obstructed view should this be the case.
5.5 On location or events due to a variety of uncontrolled lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs.
5.6 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.
6. Prints, reprints and enlargements.
6.1 I offer a vast array of print and enlargements sizes all with different aspect ratio’s, all of my images are shoot to the aspect ratio of 2:3 which is ideal for most popular enlargement options. However on some of the enlargements sizes I offer image cropping may/will occur. Please ask advice before ordering enlargements.
7. Postage & Packaging:
7.1 The post & packing charges are as listed on the website at the time of booking.
8. Creative Licence:
8.1 Paul Hawkett Photography shall be granted creative and artistic licence in relation to the choice of locations and poses used. Paul Hawkett Photography’s judgment on photographic style and the number of photographs taken shall be deemed correct. Some photographs may not be possible due to changes of the weather and the availability and willingness of subjects. Paul Hawkett Photography will do his best to honour requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement.
9.1 The 1998 Copyright, Designs, and Patents Act assigns copyright to Paul Hawkett Photography, unless at the time of booking a release is negotiated. By purchasing images in either print or digitally you are purchasing the right to the image, not the copyright and therefore have no rights to reproduce the image in or on any medium. You may not copy the photographs taken under this contact, or allow copies to be made photographically, electronically, or by any other means. This is a standard condition for professional photographers.
10.1 All digital negatives (computer files) remain the property of the photographer. On occasion, the photographer may supply a copy of the edited digital negatives to the client(s) for their own non-commercial use.
11. Force Majeure:
11.1 In the unlikely event of total photographic failure, injury or sickness beyond Paul Hawkett Photography’s control, their liability shall be limited to a full refund of all monies paid. Your statutory rights are not affected. Paul Hawkett Photography has full Public Liability and Professional Indemnity Insurance.
12.1 If Paul Hawkett Photography has to cancel the appointment for reasons beyond their control (death, injury, sickness, etc.), their liability shall be limited to a full refund of all monies paid. If the Client cancels the appointment a conditional refund policy exists up until 14 days prior to the reserved date and at which point the full balance paid will be retained by Paul Hawkett Photography.
13.1 Should the cancelled appointment turn out to be a postponement, then, subject to Paul Hawkett Photography’s availability, all monies paid may be applied to the new appointment. In this case, the total fees chargeable shall be the fee which applies at that time. In the event that Paul Hawkett Photography take another appointment for your cancelled or postponed date, a full unconditional refund of your deposit and monies paid shall be made. If, following cancellation by the client, a new date cannot be agreed by both parties, the full booking fee will be retained by Paul Hawkett Photography.
14. Postponement Due To Adverse Weather:
14.1 If the appointment has to be cancelled by Paul Hawkett Photography due to adverse weather conditions a new, mutually agreed appointment will be made. However, if the Client would like a Booking Fee refund, this will be granted.
15. Personal Accident:
15.1 Any directions issued to clients, their guests or employees during a photographic shoot/event are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
16. Complaints Procedure:
16.1 Please address any complaints to Paul Hawkett Photography by email or writing as per my contact details. I will endeavour to respond to any complaint within 5 working days of receipt.
General Principles - I collect personal data in a fair, lawful and transparent manner, I explicitly specify the purpose of why I am collecting the personal data and this purpose is legitimate, I have limited the amount of information and data I request and collect to what is relevant and necessary for my processing, I ensure that the personal data I gather is kept for as long as it is necessary for processing, I guarantee that the personal data is held in a manner that is deemed secure.
The type of data that I collect from clients consists of.
Client name, address, contact telephone number and email address.
The date, time and location of their wedding or event.
This information is gathered from clients, within the context of the booking, and they grant me access to it.
This data is kept securely in my office. The office has locking security bolts on all doors.
Information relating to bookings is generally kept from the date of the booking through to the completion of business with the client.
Images taken at weddings or events are kept on an external drives and are backed up on a DVD which are stored at another office. The computer is secured by strong passwords which are not saved anywhere, but have to be typed in every time.
Images are sent to clients on a USB, but they can request personal delivery or collection if they prefer.
I have reserved the right (in my Terms and Conditions) to use client’s photographs on my website or in advertising material. From May 25th 2018 this will still be the case except I will ask individual permissions from clients before using images in this context. Similarly, I will ask for separate permissions before posting ‘Preview’ galleries on my business Facebook page. The visibility of these photographs can be restricted to clients only, or tagged individuals or to general viewing.
Clients may ask, at any time that their images be removed from my website and / or advertising material.
Clients may also, in accordance with GDPR regulations, ask at any time for their data to be completely deleted from my drives, files and records.