TERMS and CONDITIONS
As with any service industry there are legal issues to be agreed and we set out below our standard terms for any family portrait session. If you have any problems with them please let us know .
This contract will be between you as " the client " and Portishead Photography will be " the Photographer"
It is the responsibility of the client to ensure that everyone taking part is legally able to do so and if minors are involved then suitable consent has been given by a carer or parent.
At all times the client will ensure that a suitable adult is responsible for the conduct of any minors as well as their safety and well being .
At all times the client or a person appointed by them is responsible for the control of the pet. For the safety of those involved in the shoot and any members of the public, please ensure that you have full control of your pets. Liability for the behaviour will remain with the client. A decision to stop the shoot, for reasons of the animals or members of the general public's safety, can be made by either the client or the Photographer at any point during the shoot.
If you any member of your party – particularly a baby is sick on the day of the shoot, please call to reschedule.
On the Day
Clients are not allowed to photograph any part of the proceedings without prior permission. Use of your own camera during the session may mean immediate termination of the session .
Use of Flash Equipment
Our style includes the use of flash photography equipment. If you or any of your party do not wish that such equipment be used, please highlight this in writing, prior to the photographic shoot taking place. It is the responsibility of the signatory to ensure that all members of the party are aware of this. In the event that someone is affected by the flash on the day, it is their responsibility to make this known to the photographer.
Where sharing sized images are provided, for use on Facebook etc, the watermark must remain visible and not be cropped out. Printing from these sharing images is not allowed.
You will view your portraits at a personally attended slideshow. You will be asked to order at this time.
Please make sure all decision makers are present, as we offer a first viewing discount pricing policy. Pricing at subsequent viewings will incur higher costs for the products ordered, this reflects the extra effort required for a further viewing appointment.
While we do capture many images during your session, you will see only those images selected by the photographer, the artist, for previewing. He/she carefully renders each image to ensure maximum artistry and technical perfection. Images with eyes closed, heads turned, duplicates, etc. will not be shown and are removed from my archives permanently after the artist rendering is complete.
Payment for Artwork and Delivery Policy .
Due to the custom nature of the work, payment for your order will be agreed at the time of order Once an order is sent to the lab, it is deemed non-refundable. Payments may be made by Bank Transfer, Cash, Visa or MasterCard.
Please allow 4 weeks for your order to be completed. Some orders may take longer. Your portraits are an investment and an heirloom that should not be rushed. You will be notified by telephone or e-mail when your order is ready for pickup.
All ordered images are kept on file for a period of 1 year. Un-ordered images are removed from our archives after 60 days. The photographer does not accept any responsibility for storing images for more than 12 months after the date of the photo shoot.
Re-orders placed more than 60 days after the preview appointment, require a minimum £100 re-order.
Print Release Licence
If a Print Release is provided, the terms must be adhered to. It is not a copyright release and under no circumstances are digital files to be transferred to any third party for editing or alteration, unless explicitly agreed to by the Photographer via a separate licence agreement.
Photographs are displayed on many forms of media and Portishead Photography do outsource production of some . Portishead Photography cannot accept responsibility of the failure of a supplier to fulfill an order. A refund of funds paid by the Customer will be offered in full by the Photographer .
Digital files are available for purchase and will be subject to the copyright conditions highlighted . Some are provided with the right to produce prints whilst print is strictly forbidden on others. Please ensure that you are aware of which type of images you are purchasing . If in doubt ask for clarification before the purchase as refunds cannot be provided on the product.
The client, on behalf of all members of the party, grants full ownership and copyright of all photographs produced within this session to the above-named photographer along with the right to reproduce any of the images (and by any means chosen). The client is also in agreement that any licensee or assignee in legal correspondence with the above-named photographer can use the photographs in any way and in any medium. The photographer, licensee(s), and/ or assignee(s) hereby obtain the rights to use the photographs for competitions and advertising with any post-processing or manipulation within reason.
The client commits to withdraw from making any legal claims or disputes against either the photographer or his/ her agents in regards to image usage, and understand fully that the photographer is under no legal obligation to compensate for the use of any photo(s).
Chris Clarke of Portishead Photography retains all other rights, as per UK Copyright, Designs and Patents Act 1988, which gives the Photographer the exclusive right to reproduce your photographs. Violations include, but are not limited to, making illegal copies, scanning and printing from home or unauthorised downloading from our website. It is illegal to copy or reproduce these photographs in any manner without our permission and violators of this law will be subject to its civil and criminal penalties. Please understand, the photographer wishes to maintain complete control over the print quality, finishes and presentation of the images and any reproduction outside of the studio may lower the quality of the image and scar our reputation for providing superior quality portraits.
Limitation of Liability
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the Liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
Negatives / digital files remain the property of The Photographers. Some will be released with permission to print whilst others do not.
Any complaints should first be raised by the Client with the Photographer/s in writing within 21 days from the date of receipt of images. In the unlikely event of an unresolved complaint the Client may request the Society of Wedding and Portrait Photographers to mediate, but only on the basis that it's decision shall be final and binding upon both parties.