Terms and Conditions
Note – For the purpose of this document Amid The Chaos Photography shall be referred to as ATC. The visitor to the site or the individual (whether representing an organisation or not) participating in a session/event, or who orders an image, shall be referred to as the Client.
TERMS & CONDITIONS - GENERAL
1) APPLICABLE LAW
a) For sessions/events taking place in Scotland, the laws of Scotland shall govern this agreement. For sessions/events taking place in England/Wales, the laws of England and Wales shall govern this agreement. These Terms and Conditions shall not be varied except by agreement in writing.
b) In the event of any conflict between these terms and conditions (including those relating to the time of payment) and those issued or submitted by the Client and in the absence of any contrary agreement in writing, these Terms and Conditions shall prevail.
2) FULFILMENT OF OBLIGATIONS
a) ATC shall not be liable to the Client for any failure, in whole or in part, to fulfil its obligations where failure arises as a result of an event or circumstances beyond its control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury.
b) The Client understands and accepts that the photographic coverage will be as ATC’s professional expertise determines. Special requests are not binding instructions although every effort is made to comply with the Client’s wishes.
c) In the unlikely event of total photographic failure or cancellation of the contract by either party or in any other circumstances 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 losses.
d) If the Client fails to read the supplied information, and therefore fails to carry out required preparations prior to a newborn session, ATC will not be held responsible for any resulting reductions in quality or quantity of images supplied
3) COPYRIGHT & REPRODUCTION
a) It is understood that the copyright of all and any photographs belongs to ATC. No photographs may be copied or reproduced by any means photographic or otherwise by any person or machine other than by the photographer, unless the high-resolution pictures are purchased by the Client.
b) Releasing photographs online by the Client (i.e. Facebook, blog or any other online channels) are prohibited unless the photographer’s company name, Facebook Page and/or Website is tagged or mentioned along with the image.
c) The Client may not alter or add to or manipulate a picture by means of computer or any other technique without ATC’s written permission.
4) IDENTIFICATION
a) While ATC has taken reasonable care to correctly identify, caption and orientate the pictures, it does not accept any liability for loss or damage incurred by the Client or any third party caused by any errors.
5) RECEIPT OF PICTURES & PRODUCTS
a) The pictures are presumed to have been received in good condition unless the Client notifies ATC in writing of any discrepancy or error within 14 days of receipt.
6) COOLING OFF PERIOD
a) All digital images, prints, wall art and other products are non-refundable.
b) Due to the bespoke nature of photography, and because the supply of the photographs has been made to the Client’s personal specification, (i.e. image number, print size, frame style, etc.), the Client does not have the right to a cooling off period, refund or exchange on products of any kind once the order has been placed.
c) By placing an order with ATC you are committing to buy the ordered products.
7) RETURNS POLICY
a) Faulty or incorrectly supplied items can be returned and will be replaced at no extra charge to the Client. Please contact ATC within 14 days of receipt if you believe this applies to your order.
b) Returns will not be considered for incorrectly ordered items or items ordered in error.c) No return, exchange or refund is available on any item once the image proof has been approved, and an order placed.
8) MODEL RELEASE
a) The copyright of all photographs is owned by ATC. We, the client, give permission to ATC to use any image of our photo session for any general marketing and advertising purposes for ATC. ATC is entitled to use all images produced for i.e. exhibitions, editorials, digital and print marketing incl. social media platforms, publications, educational DVDs and websites, and/or display purposes.
9) IF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE UNDER THE LAW, THE VALIDITY OF THIS AGREEMENT AS A WHOLE SHALL NOT BE AFFECTED, AND THE OTHER PROVISIONS OF THE AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.
10) CLIENT’S OWN CAMERAS AND RECORDING DEVICESThe use of Cameras, camera phones, camcorders or any other recording equipment is NOT permitted during any session, either in the studio or on location, without the express permission of ATC.
11) PRIVACY POLICYATC will never share, or allow to be accessed, shared or distributed, any personal or contact information of any client or enquiry obtained by any means. ALL contact information is protected on secure systems and password protected at all times. FOR FULL PRIVACY POLICY STATEMENT SEE HERE.
12) IMAGE RETENTIONa) ATC endeavours to keep all images for a period of 6 months after a completed session.b) The Client must not rely on ATC for retention of images in case of unexpected data loss.
13) MISC
Although the photographer shall exercise all reasonable skill, care and diligence in the discharge of his/her duties, it is understood that, in the event of any unforeseen circumstances causing loss of photographic record, the photographer will only be responsible for the return of all monies paid to date, although every effort will be made to re-take the photographs.
TERMS & CONDITIONS - PORTRAIT BOOKINGS
1) SESSION FEE
a) By booking with ATC you enter into a contract and have therefore agreed to abide by these terms and conditions.
b) Session fees taken for equine, pet, and other portrait sessions are non-refundable except in the event ATC cancels the booking.
c) A session fee is due in full by the Client at time of booking in order to secure the session – no dates will be held without payment of the session fee.
d) The session fee covers the photographer's time for the shoot and subsequent editing only, and does not include any images or products.
e) The session does not include any digital or printed images.
f) Booking fees are nontransferable and nonrefundable.
2) NO SHOWS/LATENESS
a) No show: If for any reason after confirming their booking by paying the session fee, the client fails to attend the photography session, they will lose the full session fee.
b) Where the client provides a notice period of at least 14 business days, the session may be rescheduled where possible - the new date which will be at the convenience of both parties within a maximum 2 month period. ATC reserves the right to re-schedule outside of this time limit due to any existing commitments. If the Client fails to reschedule within the 2 month time period, ATC has the right to cancel the booking with all payments made non-refundable.
c) In the event of the participants falling ill during the session, ATC reserves the right to postpone the photo shoot and re-schedule at the convenience of both parties. In the event of this happening the Client agrees to incur any additional travel expenses.d) If The Client is more than 30 minutes late for a session without communication the session is cancelled. A full session fee will need to be paid to rebook.
3) SESSION
a) ATC shall be entitled to use judgement regarding the style and flow of the session. This includes but is not limited to poses, location, number of images taken, and artistic input into the production of the images.
b) Due to the willingness of subjects it may not be possible to capture all the pictures requested, or images to the client’s full expectations.
c) In the event of uncooperative animals/pets/children at a session of any kind, for any reason, ATC may not be able to capture any, or all the images the Client may have requested or expected.
d) The Client is responsible for all animals and children at all sessions.e) ATC accepts no responsibility for injury or damage caused to horse, rider, property or any individual before, during or after the event/session. If you choose, at your own discretion, to ride your horse with or without a riding hat, boots, or similar protective clothing, you do so entirely at your own risk.
f) It is the Client’s responsibility to tell the photographer if they feel the location/situation puts your pet or family member in danger.
g) If the client’s dog/pet needs to stay on the lead or cannot do certain things (for medical or other reasons) he/she must inform the photographer. If your animal is aggressive you also are disclose this to the photographer prior to the session.
h) The photographer has the right to stop the session if they are concerned about the dog’s welfare, safety or behaviour during the session (no refunds provided). The client should be in control of your pet(s) in all situations.
i) During the session/event, the Client(s) is/are responsible for the behaviour and actions of their pets/animals. The welfare of the animals in the photo session remains the highest concern. The session may be suspended or cancelled (to be rescheduled) altogether should the animals show signs of unease, discomfort or other adverse physical or emotional condition.
j) A condition of participating in The Event is that The Client releases and discharges The Business from any and all claims and demands arising out of, or in connection with, The Event, and subsequent use of the photographs including, without limitation, any and all claims for libel or invasion of privacy.
k) Postponement Due To Adverse Weather - If the appointment has to be cancelled by ATC Photography due to adverse weather conditions a new, mutually agreed appointment will be made with no additional charge.
4) MILEAGE CHARGE
a) For portrait sessions taking place in England, travel costs are free within a 30 mile radius of Rugby, Warwickshire. Beyond that distance, travel is charged at 60p per mile.
b) For portrait sessions taking place in Scotland, travel costs are free within a 30 mile radius of Aberdeen, Aberdeenshire. Beyond that distance, travel is charged at 60p per mile.
5) ONLINE PROOF GALLERY
a) There is no guarantee that any particular number of images will be produced.
b) Clients will be provided with a website link to an online proof gallery approximately 3-4 weeks after the photography session takes place. At this time all edited images from the photography session will be available for viewing. All orders are due at this time.
c) ATC is not obligated to provide the client with any images that are not already presented to them.
d) The client is responsible for viewing and ordering from their online proof gallery within 14 days of the images being ready for viewing.
e) For all orders, payment is due in full at time of order. All orders are final and cannot be changed or refunded for any reason.
f) ATC fully edits all images before presenting to the Client. Additional edits are carried out at the discretion of ATC, and ATC reserves the right to charge the Client for additional editing to cover time involved, at a rate of £15 per image. Any additional edit requests MUST be raised by the Client at the proofing stage. Requests not raised at proofing stage will not be considered once products have been ordered.
g) lf the Client does not view or purchase images within three months of the session without arrangement, ATC will assume they are not wanted and will delete all files.
6) COLLECTIONS AND PRINTS
a) All images produced by ATC are done on a fully calibrated monitor, and all prints will be a true reflection of the editing carried out by ATC. ATC will not be held responsible for variances in images caused by clients viewing images on non-calibrated screens or monitors.
b) Whilst every effort will be made, the Photographer cannot guarantee exact colour matching and is not held responsible for any colour variations which may occur due to light and location variations.
c) All prices are subject to change without notice by ATC. No consideration will be given to previous clients regarding product pricing, availability, collection structure, or session fees.
d) Payment is due in full at time of order for all Collections/products including; digital images, prints, wall-art, etc.e) All print and presentation sizes quoted are approximate and subject to change at the discretion of the Photographer and may be subject to slight variation.
7) DELIVERY
a) All high-resolution images will be delivered to the client via a downloadable private online gallery within 1 week of the order date. The online gallery will be available for clients to download purchased digital images for 14 days after order date.
b) Delivery for other prints, wall art or any other additional products may vary and will be advised at time of order.
c) Products will be delivered to The Client within a reasonable timescale once received from The Supplier.d) The Business is not responsible for any production or delivery delays experienced by The Supplier or its associated carriers. In all cases, though, The Business will strive to minimise any inconvenience caused to The Client as a result of any such delays.
TERMS & CONDITIONS - EVENT PHOTOGRAPHY
1) COVERAGE
a) ATC do not guarantee to capture specific photos of any event - whilst every effort will be made, ATC cannot guarantee capturing all competitors/rounds/classes.
b) Coverage may include, but no be limited to, photography (remote and in person) and videography (remote and videography).
c) ATC accepts no responsibility for injury or damage caused to horse, rider, property or any individual before, during or after the event.
d) It is the Client’s responsibility to tell the photographer if they feel the location/situation puts them or their horse/animal in danger.
e) If the client does not wish for their round to be captured, it is their responsibility to inform ATC before their round begins.
f) The photographer has the right to stop covering a competitor/round/class if they are concerned about the participant’s welfare, safety or behaviour during the session.
g) During the session/event, the Client(s) is/are responsible for the behaviour and actions of their pets/animals. The welfare of the animals in the photo session remains the highest concern. The session may be suspended or cancelled (to be rescheduled) altogether should the animals show signs of unease, discomfort or other adverse physical or emotional condition.
h) A condition of participating in the event is that the Client releases and discharges ATC from any and all claims and demands arising out of, or in connection with, The Event, and subsequent use of the photographs including, without limitation, any and all claims for libel or invasion of privacy.
2) ONLINE EVENT GALLERY
a) There is no guarantee that any particular number of images will be produced.
b) Online event galleries will be available on ATC’s website after each event. At this time all unedited images from the event session will be available for viewing.
c) ATC is not obligated to provide the client with any images that are not already presented to them.
d) The client is responsible for viewing and ordering from the online event gallery within 14 days of the gallery becoming available.
e) For all orders, payment is due in full at time of order. All orders are final and cannot be changed or refunded for any reason.
f) ATC fully edits all images before delivering to the Client. Additional edits are carried out at the discretion of ATC, and ATC reserves the right to charge the Client for additional editing to cover time involved, at a rate of £15 per image. Any additional edit requests MUST be raised by the Client before an order if made. Requests not raised prior to the order stage will not be considered once products have been ordered.
g) lf the Client does not view or purchase images within three months of the session without arrangement, ATC will assume they are not wanted and will delete all files.
3) COLLECTIONS AND PRINTS
a) All images produced by ATC are done on a fully calibrated monitor, and all prints will be a true reflection of the editing carried out by ATC. ATC will not be held responsible for variances in images caused by clients viewing images on non-calibrated screens or monitors.
b) Whilst every effort will be made, the Photographer cannot guarantee exact colour matching and is not held responsible for any colour variations which may occur due to light and location variations.
c) All prices are subject to change without notice by ATC. No consideration will be given to previous clients regarding product pricing, availability, collection structure, or session fees.
d) Payment is due in full at time of order for all products including; digital images, prints, wall-art, etc.e) All print and presentation sizes quoted are approximate and subject to change at the discretion of the Photographer and may be subject to slight variation.
4) DELIVERY
a) All digital orders will be delivered to the client via email containing a download link within 1 week of the order date.
b) Delivery for other prints, wall art or any other additional products may vary and will be advised at time of order.
c) Products will be delivered to the Client within a reasonable timescale once received from The Supplier.d) The Business is not responsible for any production or delivery delays experienced by The Supplier or its associated carriers. In all cases, though, ATC will strive to minimise any inconvenience caused to The Client as a result of any such delays.
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