Padden Photography - Terms and conditions
The photographer will supply the service and products agreed in writing with the client at the stated price(s). The timescale for delivery will be agreed with the client. Not all images produced will be supplied to the client, the number and nature of any images to be agreed with the client.
The images to be supplied will be of a quality exhibited by the photographer’s existing work to which the client has access (including that at www.paddenphotography.co.uk), and commensurate with any restrictions on working and the environmental conditions, including the weather.
The photographer reserves the right to refuse to supply images which are deemed by the photographer to fall below a reasonable level of quality; which might leave the photographer open to any action, legal or otherwise, or which are likely to damage the photographer’s reputation.
Full payment for all services and products is required prior to delivery (a schedule of payments may be included in a separate document). Where photographic services have been ordered the client agrees to pay the full amount of the fee, subject to the following:
Where the service is cancelled by the client over 3 months before it is due to be supplied the client is liable for 20% of the fee.
Where the service is cancelled by the client under 3 months but over 1 month before it is due to be supplied the client is liable for 50% of the fee.
Where the service is cancelled by the client within the month before the service is due to be supplied the client is liable for 100% of the fee.
Copyright and permissions
Copyright of all images remains with the photographer unless otherwise agreed in writing with the client. No image may be reproduced without the photographer’s permission and subject to terms specified by the photographer. The client accepts that images may be used by the photographer for the purposes of publicity and exhibiting of the photographer’s work and business.
The client accepts full responsibility for obtaining any permissions required for the photographing of any and all persons, places, buildings and other subjects, and will indemnify the photographer in respect of any action arising from failure to obtain such permissions.
The photographer shall not be required to handle any matter which in his opinion is or may be of an illegal, obscene or libellous nature or an infringement of the proprietary or other rights of any third party. The photographer shall be indemnified by the client in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.
The photographer will use his best endeavours to deliver the service to the quality and timeliness agreed with the client. However, in the event of any failure to deliver the service in part or in whole the liability of the photographer and his agents, contractors and employees will be limited to refund of any fees already paid in respect of the relevant part of the contracted service. No liability is accepted for any losses however incurred arising from failures caused by anything beyond the control of the photographer. No contingent liability is accepted for any failure of any type resulting from the failure in any way of any product or service supplied.
These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.