Terms and Conditions
In the following terms & conditions “the Photographer” shall mean Lucy Smith trading as L. Smith Imaging. “The Client(s)” shall be those persons defined at the time of the booking. These terms & conditions 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.
“The Photographer” means L. Smith Imaging, 47 Nancroft Mount, Leeds, LS12 2DF. “The Client” means any person, body of persons, firm or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.
All orders (herein after referred to as a “Contract”) are subject to these terms and conditions and the placing of a contract to be undertaken by the Photographer, and accepted by the Client(s), either verbally or written by any Client(s) shall be considered as full acceptance of these Terms & Conditions:
- Unless otherwise agreed, in writing by L. Smith Imaging, then these Terms and Conditions shall take precedence over all those terms stipulated by the customer.
- The Photographer reserves the right to amend these terms and our prices at any time without giving prior notice to the Client.
- Data Protection
By providing L. Smith Imaging with your e-mail address you give us permission to contact you with occasional brief advertising announcements regarding our services or special offers, L. Smith Imaging promise not to divulge any of the Client’s information to any other parties pursuant to the Data Protection Act 1998 unless we receive written permission from you the Client.
In accordance with the Copyright, Designs & Patents Act 1988, the copyright of all images created by the Photographer is owned by the Photographer. Unless the Photographer gives written authorisation, the Client is forbidden by law to copy any images created by the Photographer and agrees that all photographic reprints, digital duplications or copies of any type made from images created by the Photographer shall only be carried out by the Photographer. The licence to reproduce such images is granted to the Client on the understanding that all invoices are paid within the Photographer’s stated payment terms.
Reproduction rights (if and when granted) are strictly limited to the use specified on the Photographer’s invoice and/or estimate. An agreement must be reached with the Photographer before the pictures are used for a different purpose or after the licence to use has expired. The Photographer reserves the right to charge an additional fee if the photographs are used for purposes other than what is shown on the Photographers invoice and/or estimate.
If the Client wishes to own the copyright of images created by the Photographer, an additional fee will be paid by the Client to the Photographer for transferring the copyright. The fee will be mutually agreed by both parties. The transfer of copyright will only become applicable after the payment has been made in full.
On instances where the Client requests copies from media that they have supplied, all work is undertaken on the assumption that the Client has obtained written permission from the legal copyright holder for copies to be made. The Photographer may contact the copyright holder of the said image to confirm that authorisation to copy the image has been given. The Client agrees to fully indemnify the Photographer in respect of any claims for damages or any costs arising in respect of claims for copyright violation made by a third party.
All original negatives, transparencies and digital files created by the Photographer remain the property of the Photographer. The Photographer will ensure that all such materials are stored safely for the Client and make them available for future reproduction in return for the relevant fee.
The Photographer reserves the right to make reproductions of images created during assignments for college, university, marketing, promotional, competition and editorial purposes, unless the Client informs the Photographer otherwise.
- Customer Protection
Nothing in these Terms and Conditions shall affect the Statutory Rights of the Client, who in relation to the Photographer deals as a ‘Client’ as defined in Section 12 of the Unfair Contracts Terms Act 1977 or any amendment or modification thereof.
- License, Coverage and Reproduction
Photographs taken during the course of the event will be at the discretion of the Photographer although every effort will be made to comply with the Clients requirements.
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.
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.
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 that be the case.
Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs.
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.
The Client(s) hereby allow(s) the Photographer to display any photograph covered by the contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc.
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.
A 20% non-refundable booking fee will confirm and secure your booking, as well as full acceptance of the terms and conditions as published both here on the Photographer’s website, and signed in full on the receipt of booking. The booking fee will be deducted from the cost of the Client’s chosen package when calculating the final balance due. Payment must be paid in cash or through BACS transfer, cheques are not accepted.
Payment in full of the remaining balance will be due 7 days before the date of the event.
Titles to all goods remains with the Photographer until paid for in full by the Client(s)
- Credit Account Facilities
L. Smith Imaging does not provide credit account facilities for any of its Clients.
- Recovering Late Payment
All costs incurred in recovering overdue debts including, but without limitation, legal costs and those of our recovery agents will be charged direct to the Customer in full and will be added to any outstanding amounts owed.
- Late Payment of Commercial Debts Act 2002
L. Smith Imaging Understands and will exercise its statutory right to interest and compensation at the applicable rates on that date under the Late Payment Of Commercial Debts (Interest) Act 2002 if we are not paid according to these terms and conditions.
- Rush Service
The Photographer reserves the right make an additional charge should the Client request a rush service. That service is subject to availability and cannot be guaranteed.
- Delivery of Products and Services
The supply of products and services are provided by the Photographer on a 14 working day turnaround. The Photographer will not be liable for delays that are beyond her reasonable control. The Photographer shall use reasonable endeavours to meet agreed deadlines where applicable. The Photographer shall not be liable for any delays in meeting any of her obligations which were due to causes beyond her reasonable control including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit etc.
- Images/Data provided in Electronic Format
For all images/data supplied to the Client in electronic format (including but not limited to electronic mail, CD’s/DVD’s etc), The Photographer will endeavour to ensure that the data sent is not corrupt and is virus-free by scanning the data with Windows Defender software before despatch. The Photographer cannot be held responsible for any damage, disruption and/or loss of any kind that the said media may cause to the Clients computer or data. The Client agrees to take similar steps to ensure that data sent to the Photographer is not corrupt and/or virus-free.
- Delivery Shortages / Loss and Damage in Transit
Claims for damage, non-delivery or shortages will not be considered unless notified in writing within seven days of delivery.
The Photographer will make reasonable endeavours to ensure that items delivered by a third party are suitably packaged for transit. The Photographer cannot accept liability for loss or damage caused by a third party. For valuable items, the Client should take out suitable insurance cover. Upon written request, the Photographer will provide suitable loss/damage cover for an additional charge.
- Cancellation Fees
If the Client(s) should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation:
- Cancellation from the booking date and more than five working days to the event date, the 20% booking fee.
- Cancellation with less than five working days to the event date, 25% of the total contract price.
Where the Photographer is able to re-book the date with an equivalent booking then the cancellation fee will be reduced to the booking fee.
- Force Majeure
The Photographer will endeavour to put the Client(s) in touch with another photographer in the event they are unable to attend on the event date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding etc.
In the event of cancellation by the Photographer, or in the very unlikely event of total photographic failure, liability shall be limited to a full refund of any fees paid.
- 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.
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.
Please address any complaints to L. Smith Imaging, by email or writing as per my contact details. I will endeavour to respond to any complaint within 5 working days of receipt.
- Legal Construction
This contract shall in all respects be construed and operates as an English contract, conform to and be governed by English law and be subject to the jurisdiction of the English courts.