Terms and Conditions

In the following terms & conditions "THE PHOTOGRAPHER " shall mean Michael Blyth -Photographer. "THE CLIENT" shall be the person booking the photographic portrait services of the photographer. SHOOT(S) shall refer to photo-shoot/photo-session. It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.


Pricing
The charges for any portrait sessions, and products ordered at the viewing, are based on the photographer’s standard price list at the time of booking. Price lists are adjusted periodically; orders placed after the viewing shall be charged according to the prices in effect at the time when the order is made.


Booking Fee 
A non-refundable ‘booking- fee’ of 25% of the shoot fee may be taken to confirm your booking and will be deducted from the final balance and is non-refundable in any event. This fee secures the photographers’ services for the allocated date. Any shoots that are postponed to a later date will retain the fee as long as the THE PHOTOGRAPHER can re-schedule for the new date and time. Any shoots that are postponed more than once by THE CLIENT are liable, at the discretion of THE PHOTOGRAPHER, to a new session fee.


Payment
Confirmation of your order at the viewing will be taken as an agreement to these terms and conditions. THE CLIENT agrees that the amount owed, is due within 7 days of the viewing  and that any product (albums, framed images etc) will not be released until full payment of the balance is received by THE PHOTOGRAPHER.
 

Cancellation
In the event that THE CLIENT cancels the agreed services for portrait photography up to two weeks before the shoot takes place, the deposit will be forfeited. After this date the whole shoot fee shall be forfeited. In the event that THE PHOTOGRAPHER cancels contracted services, he/she will be responsible for a full refund of payments rendered, including deposit, to THE CLIENT, and shall have no other liability.

  
Fulfilment of Obligations
The due performance of the contract is subject to alteration or cancellation by THE PHOTOGRAPHER owing to any cause beyond their reasonable control including but not limited to, unwilling subjects (eg. young children,) sudden illness, injury, victim of crime, flooding, act of terrorism.
 
In the unlikely event that THE PHOTOGRAPHER is unable to perform to the guidelines of this contract due to causes beyond their control then he/she will make every effort to reschedule the shoot.
 
In the event of cancellation by THE PHOTOGRAPHER, or in the unlikely event of total photographic failure (although re-shoots may be arranged if practicable), THE PHOTOGRAPHER’S liability shall be limited to a full refund of any deposits and fees paid.
THE CLIENT understands and accepts that the photographic coverage will be as THE PHOTOGRAPHER’S professional expertise determines. Special requests are not binding instructions although every effort will be made to comply with THE CLIENTS wishes.
 
THE CLIENT is responsible for all children/pets at all sessions.
 
 
Images 
All images will be adjusted for exposure, brightness, contrast, sharpness, etc. THE PHOTOGRAPHER’S  judgement regarding these corrections and the number of images put forward to the Client for preview shall be deemed correct. Retouching, digital manipulation and artist finishing is included where stated on the price list.

Additional edits are carried out at the discretion of THE PHOTOGRAPHER. THE PHOTOGRAPHER reserves the right to charge THE CLIENT for additional editing requested at an agreed rate. Any additional edit requests MUST be raised by THE CLIENT at the proofing stage. Requests will not be considered once products have been ordered.
 
 
Use of Images
The CLIENT hereby allows THE PHOTOGRAPHER unrestricted use of these images (commercial or otherwise). For example, to promote the business in advertising, social media eg. Instagram, Facebook, Twitter etc. brochures, magazine articles, websites, sample albums and prints, venue and other vendor samples, and other such material, providing that the images used are used lawfully and without damage to the client(s) reputation. This list is not exhaustive. It is THE CLIENT’S responsibility to inform THE PHOTOGRAPHER if they would like images to remain private before completion of the photo-session.  All requests will be considered at the discretion of the photographer.
 

Copyright
The Copyright Designs and Patents Acts assign the copyright of the images to THE PHOTOGRAPHER (Michael Blyth). THE CLIENT releases all claim to profits that may arise from use of images. THE CLIENT may not resell, relicense, redistribute without express written permission from THE PHOTOGRAPHER

 
Images are not to be edited by anyone other than THE PHOTOGRAPHER, or his assigned expert,  this includes Instagram filters or anything that might alter the look and style, or change integrity of the photographic work, unless this has been otherwise agreed and stated in writing.
 
If THE CLIENT wishes to supply images to agencies, for portfolio use only, this must be with the consent of THE PHOTOGRAPHER. The image must be credited to Michael Blyth. It is the responsibility of THE CLIENT to obtain permission from THE PHOTOGRAPHER and ensure that any agency is aware of all usage rights. 

 

It is THE CLIENT who must satisfy himself that all necessary rights, releases or consents required for reproduction have been obtained.
 

Technical Limitations
Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs. Please note that certain colours do not reproduce exactly in print.
 
It is understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not be identical over the whole range of colours within a subject. It is also understood that prints made at different times or in different sizes may be variable in colour balance.

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Due to the limitations of computer monitors it is understood that:

• images appear differently according to the specification of each monitor

• prints will not match images rendered on any particular computer monitor.

Personal Accident
Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.

Privacy
Michael Blyth Photography may store your necessary data on a private internal database. This data will not be made available to outside companies or individuals. Should you wish to have your data removed from the database, please advise in writing and retain your confirmation. For more information about privacy please see the Privacy Policy or contact office@michaelblyth.co.uk
 

Governing Law
Any contract made between THE PHOTOGRAPHER and THE CLIENT shall in all respects be governed by and construed in accordance with English Law and the parties hereto submit to jurisdiction of the English courts.
 
These Terms & Conditions are supplied in accordance with ‘The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which came into force on 13th June 2014. Regulations 2013 and come into force on 13th June 2014
IF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE UNDER THE LAW, THE VALIDITY OF THIS AGREEMENT AS A WHOLE SHALL NOT BE AFFECTED, AND THE OTHER PROVISIONS OF THE
AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT

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