Definitions

For the purposes of this agreement, “The Photographer”, is referring too the owner of Poppy Niamh Photography. “the Client” is you. “Images” means any images furnished by The Photographer, whether photographs, prints or other type of physical or electronic material.

1. Copyright and Ownership of Materials

The entire copyright, title, and intellectual property rights of any Images will remain that of “The Photographers” at all times.

2. Right to Credit

“The Photographer” asserts both her right to be identified as the author of her work and the right to a credit. Please credit ‘Poppy Niamh Photography’.

3. Use of Images

3.A. Images are to be used as agreed at the time of booking. No other use may be made of the Images without The Photographers express permission. An agreement must be reached with The Photographer before Images are used for any other purpose.

3.B. Manipulation of the Images or use of only a portion of Image may only take place with the permission of the Photographer. You cannot re-edit your images without the permission of the Photographer.

4. Editing style

4.A. When booking a photoshoot with the Photographer, you will be agreeing for your images to be edited in her professional style.

4.B. The Photographer is happy to re-edit images based off of the Clients feedback, but will not change her style to suit the Client. (Please refer to 10. Rejection below, for further information).

4.C. The Photographer is a natural beauty advocate, so will avoid ‘beautification’ and ‘soft skin’ editing. The removal of blemishes will be included within the Photographers editing style, as these are non-permanent features. If the Client has any preferences on blemish removal then please let the Photographer know this on the day of the Photoshoot, or in writing via Email.

5. Exclusivity

5.A. The usage rights granted are personal to the Client and may not be assigned, nor may any image submitted to the Client be loaned or transferred to third parties. If third parties are involved, the Photographer must be told this before the photoshoot.

5.B. The Photographer retains the right in all cases to use the Images covered by this agreement at any time for the purposes of advertising or otherwise promoting her work. You will be given the option to decline the Photographer on public use of your images when filling out the Client PARQ form.

6. Client confidentiality

The “Photographer” will keep all cliental information confidential and will not disclose any cliental information to any third parties or make use of material or information communicated to her.

7. Booking

7.A. The Client will be required to complete a Contact Me Form (via email). Once the Client has completed the Contact Me Form, The Photographer will send an email as confirmation. The booking will then be considered Confirmed.

7.B. Once the Client has made a booking for a specific time and date and this date/time has been Confirmed by The Photographer, The Photographer will not accept any other work from other clients for those times and dates.

8. Cancellation or Postponement by the Client

8.A. You are able to cancel your shoot up too 2 weeks in advance and will receive a full deposit refund. If you are wanting to cancel your shoot after 2 weeks in advance, then you will not receive a deposit refund.

8.B. When a booking is confirmed, if it is subsequently postponed, the Photographer will at her discretion charge a fee for postponement.

8.C. In addition, the client may be charged for any expenses incurred by The Photographer as a result of cancellation or postponement.

8.D. If the Client is unable to attend and gives notice to The Photographer before 7 days before the booked time. The Photographer will offer a change in date for the booking.

9. Cancellation by the Photographer

If The Photographer is unable to attend on booked date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime etc. In the event of such cancellation by The Photographer, The Client shall be entitled to a full refund of any fees paid to the Photographer by the Client at that time.

10. Rejection

10.A. Unless a rejection fee is agreed in advance, there is no right to reject the Images on the basis of style or composition.

10.B. If the Client is unhappy with the images, re-edits can be arranged with the Photographer, with a maximum of 3 rounds of re-editing.

10.C. If the Client is still unhappy with the edited images after these 3 rounds of re-editing, the Photographer is within her right to refuse any further re-editing.

10.B. The Photographer is happy to re-edit images based off of the Clients feedback, but will not change her style to suit the Client. (Please refer to 12. Payment Terms and Payment below, for further information).

11. Charges and Timings

11.A. If The Photographer provides a quote to The Client, the fee will be charged at that agreed rate. The Photographer generally requests a brief at the time of booking (via email).

11.B. Where extra expenses or time are incurred or needed by the Photographer as a result of alterations to the original brief by the Client or otherwise at their request, the Photographer will reserve the right to charge the Client extra expenses and fees.

11.C. If The Client changes the length of the job, the fee will increase as per the agreed hourly rate. If The Client is delayed or running late and the job runs into extra time again the fee will increase as per the agreed hourly rate.  The Photographer will make The Client aware of timings and should the work run into extra time she will make the client aware of this and the associated costs.  There is a mutual understanding between The Client and The Photographer that punctuality is important and respected by all parties.

11.D. If it becomes apparent when the job starts that it is much bigger or different job to the agreed brief it will be made clear to the Client that The Photographer’s fee may increase. If the Photographer is unable to contact the client/payer of invoice at that time work will stop until contact has been made.

11.E. On the occasion that incorrect information is given by the Client regarding a booking (wrong location, wrong time etc.) or the Client fails to arrive at the agreed location/time, a fee will be charged to the Client with the option to rebook the Photoshoot.

11.F. If on arrival at a booked job there is an issue (outside of the Client or Photographer’s control) such as bad lighting or restrictions are in use of where the shoot is taking place, a fee may be charged to cover time.

11.G. Mileage will be included within the cost if the photoshoot is taking place within the Bristol and Bath in the South West UK. Additional mileage will be charged at 45p per mile thereafter.

11.H. Any congestion charges, road toll charges and parking costs will be billed to the client as a Photographer expense and will be added onto the invoice.

12. Payment Terms and Payment

12.A. Payment terms are strictly 5 days from the date of the relevant invoice (“the Due Date”) unless agreed in advance and in writing.

12.B. If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due with immediate effect. The Photographer may consider these invoices as overdue and within her rights to withhold images until the full amount has been paid.

12.C. Payment by LLYODS and PayPal are preferred and bank details will be provided on the invoice.

12.D. A monthly instalment payment can be arranged by The Photographer if this is preferred by The Client (This will be discussed Via Email).

12.D. Refunds may not be actioned if the final images have already been sent by the Photographer and received by the Client. Partial refunds can be discussed further with the Photographer.

13. Archiving of Images

13.A. All images will be stored and archived by The Photographer for 1 year.  If archived photographs are required after that time or additional storage time is required, addition fee may be charged.  If The Photographer loses images stored in archive or they are stolen, The Photographer is not liable beyond 1 year of storage.  Within 1 year, The Photographer is liable to the cost of the originals (a return of the original fee).

13.B. The Photographer will share and store the final images on PixieSet for 1 month before deletion.

-Poppy Niamh