TERMS & CONDITIONS
In the following terms & conditions “the photographer” shall mean Barney Douglas trading as HL-Studio and / or BDFoto or any person undertaking photography or videography on behalf of or in lieu of the photographer. “The clients” shall be those persons defined as any person engaging the photographer's services at or outside the studio, whether or not for monetary remuneration, and any person hiring the studio's facilities as applicable. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing. A "photo shoot" shall mean any event at which the photographer is in attendance for the purpose of taking photographs of or on behalf of the client and shall include essential pre-shoot preparation time and procedures necessary at the end of the actual shoot itself to clear and pack away any equipment and similar materials. The term "digital negative files" is also known colloquially as "proofs" when supplied to a client, and they will be supplied to the client watermarked and without necessarily having been subject to full editing.
1. COPYRIGHT
i. France has adopted a “monistic system”, where photographs are protected as any other work of authorship as long as they have «un caractère original» (original character) and that effectively assigns the copyright of the images to the photographer. French Courts adopt the originality criterion elaborated by the CJEU and hence consider whether artists could express their own personality in a work by making «choix personnels» (personal choices) in selecting a specific expressive form. By contrast, originality is presumed to be absent when the form of the work is mandated by technical elements, the content of the representation, functional characteristics or other restraints that deprive the author of any artistic discretion. The client, or any person acting on behalf of the client, is not permitted to remove any copyright marker from any image, nor, in the case of digital image, amend or delete any EXIF data from the image.
2. DISPLAY
i. 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.
3. CREATIVE LICENSE, COVERAGE AND REPRODUCTION
i. Photographs taken during the course of a shoot will be at the discretion of the photographer although every effort will be made to comply with the client's requirements.
ii. Special requests are not binding instructions, although every effort is made to comply with the client's wishes. The Photographer will do his best to honour the requested photographs, but does not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather and the availability and willingness of subjects and other contributors to any photo shoot event.
iii. For a booking involving a church ceremony or 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 ceremony may not be the photographer's or client's choice and the photographer cannot accept responsibility for any obstructed view should this be the case.
iv. Due to a variety of lighting conditions and the limitations of digital sensors, and the anomalous reflection of colours in certain materials, some colours may alter throughout a set of photographs.
v. 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.
4. PAYMENT
i. A non-refundable booking fee, also referred to as a deposit, may be required to confirm your booking, as well as full acceptance of the terms and conditions as published on the photographer's website. Any booking fee will be deducted from the cost of the client's chosen package when calculating the final balance due.
ii. Payment in full of the remaining balance will be due no later than ten working days from the date of any invoice.
iii. Additional goods ordered must be paid for in full at the time of ordering. This shall include, but is not limited to, orders for printed copies of any photographs taken for the client in the furtherance of any contract between the photographer and the client.
iv. Titles to all goods remains with the photographer until paid for in full by the client(s)
5. FORCE MAJEURE
i. In the very unlikely events of cancellation by the photographer, or as the results of actions beyond the photographer's control, for example by any third party, including cancellation as a result of changes in legislation or guidance by any government, or as a result of any order by any legally empowered court of law, or in the event of total photographic failure, liability shall be limited to a full refund of any fees paid.
ii. The photographer will endeavour to put the client(s) in touch with another photographer in the event they are unable to attend on date specific event due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown, civil disturbance etc.
6. DIGITAL NEGATIVE FILES
i. Unless specifically purchased for a fee, digital negatives (computer files)remain the property of the photographer.
ii. Should the digital negative files be lost, damaged of destroyed for the reasons beyond the photographer's 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.
7. ON THE DAY
i. At weddings and similar events the photographer will be the sole professional photographer or videographer at the venues specified in the agreement between the client and the photographer, unless previously agreed otherwise. The photographer does however positively encourage family, friends and other guests to take photographs throughout the day.
ii. At wedding events and blessings only, the photographer will not take photos during the wedding breakfast and will use this time to take a break. A meal is not a requirement, however one would be greatly appreciated.
iii. At weddings and similar events the photographer will stay to photograph beyond the first dance until approximately 9pm. Any photography following this time will be at the discretion of the photographer or if expressly agreed in writing beforehand.
iv. At all other photo shoots the photographer will be the sole professional photographer or videographer at the venues specified in the agreement between the client and the photographer, unless previously agreed otherwise. At such events no other photographer or videographer may be engaged by the client other than by prior agreement.
8. PERSONAL ACCIDENT
i. Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said person's own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
9. CANCELLATION FEES
i. If the client(s) should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation:
ii. For weddings and similar events cancellation from the booking date and more than two weeks to go until the event date, the booking fee of 250 Euros.
iii. For weddings and similar events cancellation with less than two weeks to go until the event date, full price for the complete photographic coverage booked. The client(s) are hereby advised to take out an appropriate insurance policy to cover any expenses incurred in the event of cancellation.
iv. For all other bookings including hiring my facilities by a third party, In the event of the hirer or client cancelling less than one working week prior to the event, then the deposit is forfeited unless the booking period can be rebooked to another client. In the event of cancellation the booking at less than 48 hours notice then the full fee is payable, unless the booking period can be rebooked. In the event that that booking period can only be rebooked at a discount due to the lateness of the rebooking, then the original client shall forfeit the difference between the two booking fees. If the booking is cancelled by the studio for reasons beyond the studio’s control, the amount refunded shall be limited to the full hire fee, and the studio cannot be held responsible for any out-of-pocket costs or expenses incurred by the hirer.
10. ETIQUETTE ON SITE BY HIRERS OF FACILITIES OR CLIENTS OF THE PHOTOGRAPHER'S SERVICES
i. The hirer, or client if present, is required to behave in a correct and proper manner throughout the hire period and may be asked to leave the premises should the he or she fail to comply with any reasonable request to behave in a correct and proper manner.
11. DELIVERY
i. The photographer will endeavour to deliver digital negative files as quickly as possible. However this could take up to one week, occasionally more, during busy periods. Printing is undertaken at a British professional laboratory preferred because of the quality of the laboratory's work and their lower fees than those charged in France.