Terms and Conditions of Contract 2016 for GoldSky Photography.
It is agreed that the following terms set out the total agreement made between the parties. ‘The Photographer’ shall mean trading name GoldSky Photography. ‘The Clients’ shall be those persons defined on the booking form. No variation or modification of this contract shall be effective unless agreed by both parties in writing. Intellectual Property Rights / Copyright.
In this Agreement the terms ‘picture’ includes a photograph, digital file, design, artwork or any other item which may be offered for the purposes of reproduction. ‘reproduction’ includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, slide projection,artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means. ‘the Client’ is the person or organisation to whom the invoice is addressed. ‘the Photographer’ is GoldSky Photography or any other photographer hired to assist or undertake photography work on behalf of GoldSky Photography.
Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988.
The 1988 Copyright Act assigns the copyright of the images to the photographer. It is contrary to the Act, and therefore illegal, to copy these images, or allow them to be copied, by any means photographic, by computer, internet or otherwise, by any person or machine other than by the photographer or his appointed agents.
GoldSky Photography retains the entire copyright in the Photographs and Works at all times, throughout the World and where reproduction of Works has taken place and settlement has not been made, the Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.
Unless otherwise agreed in writing, if any picture reproduced by the Client omits the copyright notice or credit line specified by GoldSky Photography any fee payable by the Client shall be subject to an increase specified by GoldSky Photography, and in any event an increase of not less than 25% of the original fee.
All digital files remain the property of GoldSky Photography.
If the Client wishes to own the copyright of images created by the Photographer, an additional fee will be paid by the Client to the Photographer for transferring the copyright. This fee will be mutually agreed upon by both parties. The transfer of copyright will only become applicable after this payment has been made in full.
GoldSky Photography shall be granted artistic license in relation to the poses photographed and the locations used.
GoldSky Photography’s judgment regarding the locations/poses/colouration and number of images taken shall be deemed correct. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested.
For bookings involving another venue, photographers, movements are sometimes restricted by the authority or official in charge: photographing of parts or even all of the ceremony may be restricted or prohibited, as may the use of artificial lighting. GoldSky Photography cannot accept responsibility for limited coverage in such cases.
Whilst GoldSky Photography shall endeavour to fulfil all the Clients´ requirements GoldSky Photography cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings, preventing the coverage of certain specified shots.
Upon payment of the agreed amount the Photographer grants the Client the rights to use the pictures for publication within printed publications including trade,
consumer, local and national magazines and newspapers in an editorial context where no fee has been paid to guarantee publication or advertisement; the
Client’s exhibition material; the Client’s intranet and public website; social media; the Client’s printed and electronic brochures and other marketing material. All pictures MUST be credited to GoldSky Photography including photographer's or company's name, linking to their website or email address.
The Client cannot sell the images as stock or editorial or use them on products that they wish to sell.
Reproduction rights are strictly personal to the Client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of reproduction in print or electronic media in an editorial context where no fee has been paid to guarantee publication. An example might be where GoldSky Photography is contracted to photograph an event at which other exhibitors, sponsors and suppliers are present, in such instances the Client does not have the right to share images with these participants nor to pass onto any other third party. Any such requests received from a third party should be redirected to GoldSky Photography.
GoldSky Photography may display any photographs included in booking photo session in studio environment, portfolio, display areas, literature, websites, social media, competitions, exhibitions, advertising, slideshows including videos.
GoldSky Photography may display and use photographs included in this contract for promotional purposes online at (www.goldskyphotography.com,
www.joytots.com), on social networking sites for GoldSky Photography and Joy Tots Ltd. including but not limited to Facebook and Twitter, within portfolios, literature, display areas, exhibitions, competitions, advertising, and slide shows. If you do not wish this to be the case a ‘buyout fee’ is negotiable (please contact us before booking to quote).
Photographer retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his work. After an exclusivity period of 5 years from the issue date of the invoice GoldSky Photography shall be entitled to use the Photographs for any purposes.
Images and image reproduction
All image sizes are nominal and supplied in a jpeg format. It is sometimes impossible to record on film or digitally the exact colour as seen by the human eye. Colour processing should be discussed before the photo shoot should you wish as GoldSky Photography’s decision over all editing decisions is final.
All images will be adjusted for obvious skin blemishes, exposure, brightness, contrast, etc. The Photographer’s judgment regarding the extent of theses
corrections and the number of images put forward to the client for preview shall be deemed correct.
Retouching, digital manipulation and artistic finishing including filters, black and white image processing etc. are available to the Client as an option at extra cost. When processing images, the photographer will endeavour to achieve a pleasing overall colour balance based on natural flesh tones. It is understood that some colours may not remain consistent throughout a set of photographs owing to variations in lighting conditions. It is also understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not be identical over the whole range within a subject.
The colour balance of prints made at different times or in varying sizes may also be variable.
Due to the limitations of computer monitors it is understood that images may appear differently according to the specification of each monitor and that prints willnot match images rendered on any particular computer monitor.
In the unlikely event of GoldSky Photography not being unable to attend due to unforeseen circumstances, we reserve the right to cancel or appoint another
professional photographer to attend your photo session on their behalf to undertake the photography to his/her best ability.
GoldSky Photography cannot be held responsible for lack of coverage caused by any member of the party not being on time, or by unforeseen imposing
Should the photographer notice that a member of the party or guests has been seen to blink, the photograph will be taken again but it is impossible to guarantee to see all of them.
We strive to honour all photographs requested and agreed in advance, but cannot be responsible for weather disturbances although all efforts will be taken to provide the agreed coverage.
Force majeure or Act of God
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control. This includes weather
conditions and travel delays including but not limited to flights, trains, and road closures.
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.
The Photographer agrees to indemnify the Client against all expenses, damages, claims and legal costs arising out of any failure by the Photographer to obtain any clearances for which he was responsible in respect of third party copyright works, trademarks, designs or other intellectual property.
The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases the Client must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that GoldSky Photography gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any picture.
In the event that the picture issued or reproduced by or with the authority of the Client then the Client shall indemnify GoldSky Photography against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
GoldSky Photography takes all reasonable care in the performance of this agreement generally, it shall not be liable for any loss or damage suffered by the
Client or by any third party arising from use or reproduction of any picture or its caption.
The Client agrees to indemnify GoldSky Photography in respect of any claims or damages or any costs arising in any manner from the reproduction without
proper reproduction rights of any picture supplied to the Client by GoldSky Photography.
Conduct & Safety:
The GoldSky Photography Team/Photographer(s) will not tolerate verbal or physically abusive behaviour under any circumstances.
The Photographer(s) will not share their time or compete with other photographers or guests for the attention of the subjects.
Uncontrolled conduct by any person that interferes with the photographer(s) may seriously affect the quality of images recorded or increase the number of times they must be retaken.
If the Client is unable to control the conduct of attendees, resulting in what the Photographer(s) feels to be an unacceptable degree of misconduct, or if any such conduct injures or damages the equipment of the Photographer(s), it will result in the immediate departure of the Photographer(s).
The Client understands in such an event, no refund will be granted and claims for damage or injury from the GoldSky Photographer are likely to be the result.
In the unlikely event of a complaint, this should first be raised by the Client with GoldSky Photography in writing within 10 days from the date of receipt of
images. The contractual relationship between GoldSky Photography and the Client shall be governed by the laws of Scotland.
Booking & Booking Fee:
The Booking fee secures the time and services of GoldSky Photography as the primary photographer for the photo shoot and is non-refundable or transferable in the event of cancellation. Once the Client has made a booking for a specific time and date, GoldSky Photography will not accept any other work from other clients for those times and dates.
Bookings may not be given or transferred to another party, time or date.
Payment of the booking fee will be considered as proof of your acceptance of these terms and conditions of this contract if a signed copy is not returned.
If you are booking the services of GoldSky Photography through a third party, for example; a birthday party, ceremony or location venue i.e. Joy Tots, payment of the booking fee will be taken as proof of your acceptance of these terms and conditions and considered proof that you have received and agreed to these terms and conditions.
The Client may cancel this contract at any time by giving written notice to GoldSky Photography but in doing so shall forfeit any monies so far paid.
Cancellation within 4 weeks or less of the photo shoot date will result in the payment in full. All cancellations must be in writing.
Postponed or re‐scheduled bookings will incur a new booking fee for the new date and time.
It is essential to inform GoldSky Photography as soon as possible of any changes of venue, times, or contact details etc. in writing. Any alterations made to the booking by the Clients once details have been confirmed may only be made at the discretion of GoldSky Photography. If unable to accommodate alternative arrangements (such as the change of ceremony date or venue) GoldSky Photography is not liable to compensate the client(s) in any way whatsoever.
No photographs will be delivered until all payments due have been paid in full.
Payment for additional images and services to be made in advance/when requested.
Booking payments can be by cash or card in person at Joy Tots or online booking at www.joytots.com. All payments for additional photos, downloads, prints or additional services must be by online via the photo portfolio facilities. Debit and credit cards are accepted via Stripe payment systems.
GoldSky Photography will not refund, nor accept the return of/refusal to pay charges for any technically acceptable photograph supplied either in print or in electronic format. No exception can be made as we cannot be held responsible for individual tastes or exceptions.
Re‐orders and Product orders:
All reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing.
Product orders including but not limited to Photographic Prints, Photo Books, Albums, Canvases etc. are payable in advance and non‐refundable under any circumstance.
Mileage per mile for all miles travelled to and from a wedding outside a 5‐mile radius of EH6 4ET is charged at £1 per mile.
Overnight stays: if the photographer(s) is required to stay overnight a minimum cost of £150 per photographer per night will be levied. This cost will include all accommodation and subsistence.
Additional hours over and above the agreed contracted hours are charged at £100 per hour or part hour inclusive.
Last updated July 2016.