Julia Powney Photography strives to fulfil your requests and deliver a great product to you, but it’s best to have a few things written down so that we both know what’s what, the service I provide and how I aim to fulfil your needs and meet your requests.
By purchasing services from Julia Powney Photography you are agreeing to the following:
For the purpose of this agreement, the 'Client' shall be the person booking the commission, or where the context allows, be their assignee or successor.
For the purposes of this agreement, the 'Photographer' shall be Julia Powney, trading under the name of Julia Powney Photography.
The 'photographs' and 'products' shall be all photographic materials created or furnished by the Photographer, whether that be prints, digital files, negatives, transparencies or any other form of physical or electrons material produced by the Photographer.
The 'fee' shall be the amount agreed between the Photographer and the Client for the provision of Photographs and/or Products. All amounts are rounded to the nearest penny.
The 'Booking' shall be the agreement between the Photographer and the Client to provide Photographs and/or Products as set out in the agreement.
The 'Assignment' or 'Photo Shoot' is the date(s) and time(s) agreed by the Photographer and the Client for the Booking to be completed.
All verbal and written contracts are only accepted on the basis of these Terms and Conditions, and only these.
All other Terms and Conditions are specifically excluded unless agreed in writing by the Photographer, and must be agreed prior to the commencement of any work.
Emails, letters and messages via Facebook are deemed to be 'in writing' for all purposes under this agreement.
These terms and conditions represent the entirety of the agreement between Julia Powney Photography and the Client. Any variation is only applicable when agreed in advance and in writing.
2. Copyright and Ownership of Materials:
The entire copyright in the pictures is retained by the Photographer, Julia Powney and title to all photographs remains the property of the Photographer.
Images will be licensed for use for a specified period. When the License to Use has expired, the images should be returned to the Photographer and a written undertaking given that all digital files have been destroyed. The Client is expected to comply with this requirement within 30 days of expiration of the License to Use. The Photographer reserves the right to make an additional charge for continued use after this period.
In accordance with the 'Copyright, Designs and 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 in 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 permission to reproduce such images is granted to the Client on the understanding that all fees and/or 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 quotation. An agreement must be made with the Photographer before the pictures are used for a different purpose, or after the licence 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 Photographer's invoice and/or quotation.
The Photographer, as administered by Julia Powney Photography, supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or on ‘Julia Powney Photography’ grant of reproduction rights in respect thereof.
Julia Powney asserts both her moral right to be identified as the author of her work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988.
Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice or credit line specified by Julia Powney Photography any fee payable by the Client shall be subject to an increase specified by Julia Powney Photography, and in any event an increase of not less than 25%.
3. Use and Reproduction:
The License to Use only comes into effect once full payment of the invoice has been made. No use may be made of the images until full and final payment – including any late payment charges that may have been levied – has been received by Julia Powney Photography.
Permission in writing may be granted for image use before payment, however this permission will be immediately revoked if payment of the invoice is not made by the timescale stated on the invoice;
Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on Julia Powney Photography invoice. An agreement must be reached with Julia Powney Photography before the pictures are used for a different purpose or after the licence to use has expired.
Reproduction rights are not issued exclusively to the Client except when specified on the invoice.
Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights;
Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied;
Julia Powney Photography reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client;
In the case of printed publications, three copies of the relevant pages containing any picture supplied are to be furnished to Julia Powney Photography free of charge within two weeks. In other media, evidence of use must be made available if requested.
On the Client’s death or bankruptcy or (if the Client is a company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, Julia Powney Photography may at any time thereafter inspect any records, accounts and books relating to the reproduction of its pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.
In signing this agreement, you agree for all photographs to displayed for the company’s professional portfolio and online, unless otherwise agreed with yourself and Julia Powney, in written format.
4. Booking and Cancellation:
The Client will be required to pay for photoshoots in full upon booking, and pay for products before they are created and posted. Julia Powney Photography will send an email as confirmation of payment, to which bookings are confirmed, and orders placed. Julia Powney Photography reserves the right to suspend products and/or services in the event of non-payment within the specified terms.
Once the Client has made a booking for a specific time and date and this date/time has been confirmed, Julia Powney Photography will not accept any other work from other clients for those times and dates.
As a result, once a booking is made, if it is subsequently cancelled, a cancellation fee may be charged. If a booking is cancelled by the Client within one day of the starting time, Julia Powney Photography reserves the right to charge 50% of the full fee for the assignment, or £35 where no fee is payable for the actual shoot. If a booking is cancelled by the Client within seven days of the starting time, no cancellation fee applies.
If the appointment has to be cancelled by Julia Powney Photography due to adverse weather conditions/sickness/travelling disruption etc, the Photographer will agree a new mutually convenient appointment with the Client at no extra charge.
If the assignment overruns the length of time originally agreed between the Photographer and the Client, the Photographer reserves the right to make an additional fee to compensate for the extra time.
5. Photography Quality and Services:
Photo edits can be made at the discretion of Julia Powney Photography and in certain cases, there may be a charge for this unless we agree an edit is necessary. For all photography packages, the client must notify of any edits they wish to be made as soon as possible and before a date for the photo delivery is confirmed. If you wish for an edit to be made to photos you have received previously, you have one week to notify Julia Powney Photography of changes you wish to make, otherwise a higher fee may be incurred.
Every effort will be made to obtain the best possible print quality of photographs. Should you have an issue with prints you have received, the client must contact Julia Powney Photography within 1 week of receiving the photographs in order to rectify as quickly and effectively as possible.
As agreed at the time of booking, your electronic photo copies will be delivered electronically. Low Resolution copies are uploaded to the Facebook page, Julia Powney Photography. High resolution copies are emailed to you. Any electronic copies purchased through packages will be available to view and download through the store.
Julia Powney Photography accepts no liability if the client damages or misplaces electronic or printed photographs once received. Nor is the company held responsible for replacing electronic or printed images.
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to Julia Powney Photography within three clear days of delivery (or, in the case of non-delivery, within 28 days of dispatch of the goods) and any claim in respect thereof must be made in writing to Julia Powney Photography and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 42 days of dispatch). All other claims must be made in writing to Julia Powney Photography within 28 days of delivery. Julia Powney Photography shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.
6. Data Protection:
Julia Powney Photography agrees to keep the confidential information of its clients confidential, including all administration areas of websites and details of referrers and those who are referred. All such data recorded by a website will be completely secure, and all information will be treated as confidential in accordance with the Data Protection Act.
The Terms and Conditions may be changed from time to time at the discretion of Julia Powney Photography. The client understands that any change to the T&Cs by Julia Powney Photography shall not be grounds for non-payment. It is the client’s responsibility to check the website regularly to see the most up-to-date T&Cs.
By agreeing to these terms and conditions you revoke your right to take any kind of action against Julia Powney Photography for any aspect of the work with which you are later dissatisfied. These terms are final and non-negotiable.