General Terms & Conditions
In the following terms & conditions “the photographer” trading as Black Country Photos. “The client(s)” shall be those persons defined in the booking form. It is mutually agreed that the following terms of agreement form an integral part of this contract and cannot be varied in any way by the client(s) unless such conditions are expressly agreed by the photographer in writing. By booking with the photographer you agree to the below Terms and Conditions.
1. Booking Fee:
1.1 A non refundable £50 deposit booking free is required at the time of booking for cake smash & splash ( if BCP are supplying the cake) in order to reserve and secure the appointment unless otherwise confirmed by the Black Country Photos. Payment may be paid by cash or Paypal.
2. Payments:
2.1 Balances owed for photo shoot appointments must be paid in full before the session commences.
Payment for all extra items ordered must be made at the time of ordering. Prices for prints, digital images, mounts and framing options are available upon request.
3. Prices:
3.1 All charges and additional goods specified on the booking form are supplied at the prices ruling on the date of booking. Goods not specified on the booking form are supplied at the prices ruling at the time of receipt of the order.
4. Display:
4.1 The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc.
5. License, Coverage and Reproduction:
5.1 Photographs taken during the course of the session/event will be at the discretion of the photographer although every effort will be made to comply with the clients requirements.
5.2 The photographer shall be granted artistic license in relation to the poses photographed and the locations used. The photographer’s judgement regarding these matters shall be deemed correct.
5.3 When attending events the photographer shall endeavor to photograph all individuals as requested by the client(s) at some point, but no responsibility will be taken by the photographer on the occasion of leaving somebody out.
5.4 At certain venues, the photographer’s movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the event may not be the photographer’s choice and the photographer cannot accept responsibility for any obstructed view should this be the case.
5.5 On location or events due to a variety of uncontrolled lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs.
5.6 Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.
6. Prints, reprints and enlargements.
6.1 I offer a vast array of print and enlargements sizes all with different aspect ratio’s, all of my images are shoot to the aspect ratio of 2:3 which is ideal for most popular enlargement options. However on some of the enlargements sizes I offer image cropping may/will occur. Please ask advice before ordering enlargements.
7. Postage & Packaging:
7.1 The post & packing charges are as listed on the website at the time of booking.
8. Creative Licence:
8.1 Black Country Photos shall be granted creative and artistic licence in relation to the choice of locations and poses used. Black Country Photos’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. Black Country Photos 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.
9. Copyright:
9.1 The 1998 Copyright, Designs, and Patents Act assigns copyright to Black Country Photos, 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 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. This is a standard condition for professional photographers. See also my full Copyright Notice.
10. Ownership:
10.1 All digital negatives (computer files) remain the property of the photographer. On occasion, the photographer may supply a copy of the edited digital negatives to the client(s) for their own non-commercial use.
11. Force Majeure:
11.1 In the unlikely event of total photographic failure, injury or sickness beyond Black Country Photos’s control, their liability shall be limited to a full refund of all monies paid. Your statutory rights are not affected.
12. Cancellation:
12.1 If Black Country Photos has to cancel the appointment for reasons beyond their control (death, injury, sickness, etc.), their 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 7 days prior to the reserved slot at which point the full Booking Fee will be retained by Black Country Photos.
13. Postponement:
13.1 Should the cancelled appointment turn out to be a postponement, then, subject to Black Country Photos’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 Black Country Photos take another appointment for your cancelled or postponed date, a full unconditional refund of your deposit and monies paid shall be made. If, following cancellation by the client, a new date cannot be agreed by both parties, the full booking fee will be retained by Black Country Photos.
14. Postponement Due To Adverse Weather:
14.1 If the appointment has to be cancelled by Black Country Photos due to adverse weather conditions a new, mutually agreed appointment will be made. However, if the Client would like a Booking Fee refund, this will be granted.
15. Personal Accident:
15.1 Any directions issued to clients, their guests or employees during a photographic shoot/event are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
16. Complaints Procedure:
16.1 Please address any complaints to Black Country Photos by email or writing as per my contact details. I will endeavour to respond to any complaint within 5 working days of receipt.
Copyright Notice
1. Copyright
1.1 Copyright (c) 2017 Black Country Photos
1.2 Subject to the express provisions of this notice:
(a) I, together with my licensors, own and control all the copyright and other intellectual property rights on this website and the material on my website; and
(b) all the copyright and other intellectual property rights on my website and the material on my website are reserved.
2. Copyright licence
2.1 You may:
(a) view pages from my website in a web browser;
(b) download pages from my website for caching in a web browser;
subject to the other provisions of this notice.
2.2 Except as expressly permitted by the other provisions of this notice, you must not download any material from my website or save any such material to your computer.
2.3 You may only use my website for your own personal and business purposes, and you must not use my website for any other purposes.
2.4 Except as expressly permitted by this notice, you must not edit or otherwise modify any material on my website.
2.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from my website (including republication on another website);
(b) sell, rent or sub-license material from my website;
(c) show any material from my website in public;
(d) exploit material from my website for a commercial purpose; or
(e) redistribute material from my website, save to the extent expressly permitted by this notice.
3. Acceptable use
3.1 You must not:
(a) use my website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use my website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use my website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; or
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
4. Report abuse
4.1 If you learn of any unlawful material or activity on my website, or any material or activity that breaches this notice, please let me know.
4.2 You can let me know by my contact form.
5. Enforcement of copyright
5.1 I take the protection of my copyright very seriously.
5.2 If I discover that you have used my copyright materials in contravention of the licence set out in this notice, I may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials. You could also be ordered to pay legal costs.
6. Permissions
6.1 You may request permission to use the copyright materials on my website by email, using the contact details published on the website.