Portrait Photography Contract, Terms and Conditions
These are my general terms & conditions for photography. If there’s anything you don’t understand – or are unsure of, get in touch as I may be able to alter the terms and conditions for your shoot.
It is mutually agreed that the following terms of agreement form an integral part of this contract and that no variation or modification of this contract shall be effective unless accepted by both Howard Widdison, and the Client, in writing.
PAYMENT Payment may be paid by cash, cheque, or bank transfer. The session fee includes all photography at your appointment and images as detailed on the fees and pricing document and your booking form. Additional images can be purchased separately. Payment for all products must be made at the time of ordering. Prices for prints, framed prints and other products are available separately.
CREATIVE LICENCE Howard Widdison shall be granted creative and artistic licence in relation to the choice of locations and poses used. Howard Widdison’s judgement on photographic style and the number of photographs taken shall be deemed correct. Some photographs may not be possible due to changes of the weather and the availability and willingness of subjects. Howard Widdison will do his best to honour requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement.
COPYRIGHT The 1998 Copyright, Designs, and Patents Act assigns copyright to Howard Widdison, unless at the time of booking a release is negotiated. By purchasing images in either print or digitally you are purchasing the right to the use of the image, not the copyright and therefore have no rights to reproduce the image in or on any medium. You may not copy the photographs taken under this contact, or allow copies to be made photographically, electronically, or by any other means other than as stated below. This is a standard condition for professional photographers.
IMAGE USAGE The images Howard Widdison takes is his livelihood and a reflection of his abilities in a professional capacity. You are free to use the images and publish on social media and other electronic media in the format that you receive them. You may not alter or manipulate the image in any shape or form (example: adding snap chat filters). Minor cropping or resizing the image to conform to website and social media constraints is acceptable. The images may not be used for personal gain (Eg: resold on Stock Photography sites or in a professional capacity such as a Professional Modelling Portfolio). Howard Widdison reserves the right to use all images for advertising purposes (including website based advertising, leaflets, brochures, postcards, galleries and competitions). If you do not wish for the images to be used for advertising purposes this must be agreed in writing before the session takes place.
IMAGE PROOFING The proofing images will be colour and tone adjusted but more detailed adjustments such as blemish removal are not made until you have selected and paid for your final images and products. The proofing images will be provided electronically of low resolution and will carry a watermark. The client may not publish digitally on social media or use the Proofing Images in any shape or form. Only finished images may be published, and only after the full payment has been received.
AIR BRUSHING Unless otherwise agreed in advance, images will not be airbrushed to alter the natural look of the subject with the exception of minor blemish removal and improvement of skin tone, and tonal improvements to the background.
POST & PACKING Where it is not possible to deliver prints personally, there may be additional charges for postage and packing.
FORCE MAJEURE In the event of total photographic failure, injury or sickness beyond Howard Widdison’s control, liability shall be limited to a full refund of all monies paid. Your statutory rights are not affected. Howard Widdison has full Public Liability and Professional Indemnity Insurance.
CANCELLATION If Howard Widdison has to cancel the appointment for reasons beyond his control (death, injury, sickness, etc.), liability shall be limited to a full refund of all monies paid. If the Client cancels the appointment an unconditional refund policy exists up until 48 hours prior to the reserved slot at which point the Session Fee will be retained by Howard Widdison.
POSTPONEMENT Should the cancelled appointment turn out to be a postponement, then, subject to Howard Widdison’s availability, all monies paid may be applied to the new appointment. In this case, the total fees chargeable shall be the fee which applies at that time. In the event that Howard Widdison takes another appointment for your cancelled or postponed date a full unconditional refund of your Session Fee and monies paid shall be made.
POSTPONEMENT DUE TO ADVERSE WEATHER If the appointment has to be cancelled by Howard Widdison due to adverse weather conditions a new, mutually agreed appointment will be made. However, if the Client would like a Session Fee refund, this will be granted.
COMPLAINTS PROCEDURE Please address any complaints to Howard Widdison by email or telephone as per details on the Contact/ About Page. Howard Widdison will endeavour to respond to any complaint within 2 working days of receipt.
STORAGE Howard Widdison will keep on file for a period of no less than two years from the date of the session, all images as chosen and paid for, after which Howard Widdison may dispose of all or some of the images.
REFUNDS Once products (USB Stick, Coffee Table Book, or Prints etc) have been ordered, no refunds will be made unless goods are faulty. Your statutory rights are not affected.