Terms & Conditions

Please find below the standard terms and conditions for any and all photographic engagement between you; the client, and Rick Jones. Should you have any questions or require any explanations with regards to the below terms, please feel free to contact me.

Please note that any requested additions or amendments to these must be specified and agreed to in writing by Rick Jones from the email address info@rick-jones.co.uk only. Failure to receive an email confirmation of any amended terms signifies the rejection of any amendments and acceptance of the terms stated below.

DEPOSIT.

A 50% non-refundable deposit is required to secure your booking. Payment can be made through several methods.

SHOOT RULES.

Rick Jones Photography is fully insured for public and employee liability. Rick Jones Photography takes every reasonable effort to ensure the studio premises and equipment is deemed as suitable and safe for all users at all times.

The Client is fully responsible for their own actions, and responsible for the children they are in the accompany of, and any damages or breakages to the property that incur as a result of the Clients action shall be the responsibility of the Client to pay or rectify as agreed with Rick Jones Photography. Photographic sessions can involve some physical activity, which is undertaken at your own risk.

We do not accept any responsibility for loss or damage to any personal belongings in or outside the studio premises. We request that all clients advise of any special or medical requirements, including sensitivity to flashing lights, before the photoshoot booking. Any child or children under the age of 18 must be accompanied by an adult or guardian.

DIGITAL FILES.

The original digital files will be retained for a one year from the date of the sitting, then they are securely destroyed. Our standard editing time for photoshoots (from shoot to online) is 14 working days. If you require your images to be fast-tracked please advise us beforehand. A small fee may be applied for this service. All Final images are provided via a personal digital downloadable link. Any questions or queries please don't hesitate to get to contact me via email.

THE RIGHT TO REPRODUCE OR USE ANY IMAGE IS SUBJECT TO EACH AND EVERY ONE OF THE FOLLOWING TERMS AND CONDITIONS.

By paying a deposit you are agreeing to these Terms and Conditions.

1. DEFINITIONS.

For the purpose of this agreement “the Client” shall refer to the Photographer’s direct Client and/or the Client’s agent and shall where the context so admits include their respective assignees, sub-licensees and successor in title. b) For the purpose of this agreement “The Photographer” will mean Rick Jones and shall where the context so admits include their respective assignees, sub-licensees and successor in title. (c) “Photographs” and “Works” means all photographic material created by the Photographer, whether transparencies, negatives, prints, digital files or any other type of physical or electronic material in existence now or yet to be developed. (d) All contracts verbal or written are only accepted on the basis that the Terms and Conditions of the Photographer are the only ones applicable. (e) Other Terms and Conditions proffered by the Client are specifically excluded unless agreed in writing beforehand by the Photographer. (f) Where time is of the essence the Photographer entirely at his own discretion may accept an instruction given orally, in this event the Photographer shall accept no liability for any error in executing the order. (g) Unless the Photographer is given prior written notice by the Client, the person placing or signing the order on behalf of the Client is deemed to be authorised to do so. (h) When a Client’s policy is not to rely on email confirmations, hardcopy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law.

2. COPYRIGHT.

(a) The Author retains the entire copyright in the Photographs and Works at all times, throughout the World and (b) Where reproduction of Works has taken place and settlement has not been made, the Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.

3. OWNERSHIP OF MATERIALS.

(a) Title to all Photographs remains the property of the Photographer. (b) When the License to Use has expired the Photographs must be returned to the Photographer in good condition within 30 days and any archived digital files destroyed. (c) Title to any materials used in producing the Works is not transferred to the Client upon payment of the invoice.

4. USE.

(a) The License to Use comes into effect from the date of payment of the relevant invoice(s). (b) No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission in writing. (c) Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Client is put into receivership or liquidation. (d) Where restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee to be mutually agreed.

Note: A written agreement must be reached with the Photographer before the Photographs may be used for other purposes. Where uses of an image are made which breach the licence to use further charges will be made. (e) Any reproduction rights granted are by way of licence only and no partial or other assignment of copyright shall be implied. (f) On the Client’s death, bankruptcy or in the event of having Resolution, Petition or Order for winding-up being made against it, or if a Receiver or an administration is appointed, any licence granted shall immediately cease.

5. EXCLUSIVITY.

(a) Unless agreed to in writing, no exclusivity is given or implied to the Client. (b) The Photographer retains the right in all cases to use or sell the Photographs. (c) Exclusivity will not be unreasonably withheld but only on written agreement with the Photographer before work commences.

6. CLIENT CONFIDENTIALITY.

(a) The Photographer will keep confidential and will not disclose to any third parties or make use of information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his obligations in relation to the commission.

7. INDEMNITY.

(a) It is the Client who must satisfy themselves that all necessary rights, model releases, clearances or consents which may be required for reproduction of people, places or items depicted within any Works are obtained. (b) It is acknowledged that the Photographer gives no warranty or undertaking that any such rights, releases or consents are or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or Works of art depicted in any picture. (c) The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed in writing before the shoot. (d) In all other cases the Client shall indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances. (e) The Photographer will not be liable for any loss or damage, for any consequential loss of profit or income however caused including negligence by the Photographer or any of his accompanying parties, and it is the Client’s responsibility to insure against such loss or damage.

8. PAYMENT.

(a) Payment due date will be clearly noted on the relevant invoice for the commissioned work. (b) Thereafter, further charges may be made for any additional statement, letter (whether as an email, fax, etc) issued for the recovery of the outstanding debt of not less than £15.50 plus VAT each and all other costs for the recovery of debts including bank charges. (c) A further charge of 5% over the Barclays Bank rate from time to time is added to the invoice on the first day following that when settlement should have been made. LATE PAYMENT OF COMMERCIAL DEBTS (INTEREST) ACT 1998 will be enforced. (d) Where a Client is a company and whether or not that company has gone into liquidation the individual directors will be responsible for all outstanding fees and costs in relation to the contract.

9. EXPENSES.

(a) Where extra expense or time is incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise, the Client shall give approval to and be liable to such extra expenses or fees, in addition to any fees and expenses having been agreed or estimated.

10. REJECTION.

(a) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.

11. CANCELLATION & POSTPONEMENT.

(a )A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his discretion, charge a fee of cancellation or postponement.

12. ELECTRONIC STORAGE.

(a) Save for the purposes of production for the licensed use(s), the Photographs may not be stored or archived in any form without the written permission of the Photographer. (b) Manipulation of the image or use of only a portion of the image may only take place with the written permission of the Photographer. (c) Digital Data is stored by the Photographer on the understanding that the Photographer is not responsible for the future integrity of that data, or of any failure to retrieve data from the Photographer’s archive.

13. VARIATION.

(a )These Terms and Conditions shall not be varied except by agreement in writing.

PRIVACY

Rick Jones believes that the privacy of all personal information is very important. Any information collected will be used solely to conduct our business. Your information will NOT be disclosed to any third parties, other than for the purpose of processing payments and as stated in the Terms & Conditions. I will only ask for and use relevant personal information as necessary.

LIABILITY

Rick Jones has provided information on the website as accurately as possible. All reasonable care is taken to keep your information secure, but in the absence of negligence on my part I cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing the site.