The following are the General Terms & Conditions of It’s About You Photo Specific Terms & Conditions may be available for a given competition or other circumstance and these will be detailed in the specific webpage or contract and will override any inconsistencies described here.
The Total Agreement – It is agreed that the Terms and Conditions of It’s About You Photo form the total agreement made between the parties and that no variation or modification shall be effective unless agreed by both parties in writing.
Changes and Alterations – Although not anticipated these Terms and Conditions may be changed or altered at any time.
Location, Date and Time – A Photoshoot at a pre-agreed location, date and time with It’s About You Photo.
Bookings – The Photoshoot is only considered booked when the Photoshoot Session Fee has been paid for in full.
In order to Book the Photoshoot the Client must provide the following:
- First name
- Last name
- mobile telephone number
Further details may be requested and denoted required information.
The Client authorises It’s About You Photo to send emails to the email address provided and to contact the Client via the telephone number provided.
Description of the Photoshoot – Unless otherwise agreed the Photoshoot is expected to last between 15 minutes and 4 hours depending on the type of Photoshoot.
Attendance and Participation – If the agreed Participant/s is/are unable or unwilling to attend and participate in the Photoshoot at the agreed time and location the Photoshoot cannot be transferred or designated to someone else. If the agreed Participant/s is/are unable or unwilling to attend and participate in the Photoshoot at the agreed time and location it may be awarded to someone else at the discretion of It’s About You Photo.
Licence – It’s About You Photo shall be granted complete artistic licence including in relation to the poses photographed and the props used. It’s About You Photo’s judgement regarding the poses and props and number of images taken shall be final. Due to the willingness of subjects it may not be possible to capture all the images requested.
Location, Date and Time of the Image Viewing and Sales Appointment (may be known by other titles such as Image Premiere, Image Reveal, etc.) – The Image Viewing and Sales Appointment will be conducted, in person, but may be conducted by electronic means such as Skype if agreed in writing by It’s About You Photo, at a pre-agreed location, date and time with It’s About You Photo.
Special Coverage/ Requests – The Client understands and accepts that the photographic coverage will be as the photographer’s professional expertise determines and that no one photograph will be deemed more important than another. Special requests are not binding instruction, although every effort is made to comply with the Client’s wishes.
Number of Images at the Image Viewing and Sales Appointment – Although It’s About You Photo will do its best to produce more images than set out in the Agreement/ as discussed with the Client, there is no guarantee that any particular number of images will be produced.
Obstruction – The area from which the photographer may be permitted or able to take photographs may not be the photographer’s choice and the photographer cannot take responsibility for any obstructed view. At an event such as a party or wedding the Client is advised to request their guests to allow the photographer unrestricted access to take the photographs commissioned by The Client.
Meals, OHS, Breaks – The Client understand that for safety reasons It’s About You Photo will need meals and refreshments and may require breaks from time to time.
Images – All image sizes are nominal. The photographer will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres. It is sometimes impossible to reproduce the exact colour as seen by the human eye.
Retouching – Retouching, digital manipulation and artist finishing may be undertaken on the images at It’s About You Photo’s discretion and additional retouching, digital manipulation and artist finishing is available to the Client as an optional extra.
Online Gallery – An online gallery may be made available, upon request, for any purchase made in full at the Image Viewing and Sales Appointment or at It’s About You Photos discretion.
Display – The Client hereby allows It’s About You Photo to display any images provided to It’s About You Photo or resulting from the Photoshoot and these may be used in marketing and promotional materials by It’s About You Photo in print, portfolio, literature, social media, in her studio or exhibitions, advertising and online including commercial use.
Copyright – 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. It is contrary to the Act to copy or allow to be copied photographically/ electronically or by any other means an image created as part of this contract without the permission of It’s About You Photo in writing.
Negatives/digital files – Negatives/digital files remain the property of It’s About You Photo.
The Photographer – On occasions and without notice it may be necessary for the photographer originally specified to be substituted by another photographer, (e.g. due to ill health).
Retainer – The Client understands that the Session Fee, Photoshoot Fee or other Monies Invoiced to secure the exclusive services of the Photographer is a Retainer. Full payment of the Retainer is due at least 30 days before Photoshoot or on the date stated in the invoice. The Client accepts that the Retainer is non-refundable.
Change of Date, Location and/ or Time – The Client agrees to notify It’s About You Photo by phone/ email at the earliest convenience should a change of date and/ or location and/ or time occur. The Client understands that reasonable logistical expenses may be incurred and agrees to reimburse It’s About You Photo for reasonable logistical expenses. The Client also understands that It’s About You Photo may not be available for an alternate date, location and/ or time and in such circumstances agree to liaise with It’s About You Photo to come to a mutually agreeable solution and the Client understands that this may result in the Photoshoot not taking place. The Client accepts that the Retainer is non-refundable.
Cancellation – Upon Payment of the Retainer, the Client accepts that no refunds for change-of-mind will apply. Should the Photoshoot be cancelled, the Client agrees to notify It’s About You Photo at the Client’s earliest convenience. It’s About You Photo may provide a gift card to the value paid, subject to their discretion. Gift cards expire 12 months after date of purchase (unless otherwise stated) and the remaining balance will be deducted. Gift cards cannot be refunded or exchanged for cash, no change will be given and It’s About You Photo will not be liable to replace the card in the event of it being lost, damaged or stolen. In the unlikely event that It’s About You Photo cancels It’s About You Photo will make all reasonable efforts to provide a substitute photographer if change of date/ location is not mutually agreeable.
Fully Refundable Booking Fee – Upon Payment of a Fully Refundable Booking Fee the Client accepts that the Booking Fee is Fully Refundable in cash, cheque, bank transfer or other means by which the booking fee was paid by the Client when the following conditions have been met, or at the discretion of It’s About You Photo: 1. The Client has attended and participated in the Photoshoot; and 2. The Client has attended and participated in the Image Viewing & Sales Appointment and has seen the images from their Photoshoot as presented by It’s About You Photo. The Client understands that they may be requested to submit a form as part of the Cancellation and Refund Process and a refund may take up to 30 days from receipt of said form to provide the Client with a decision as to their refund.
Harrassment – The Client understands that in the event that It’s About You Photo experience any inappropriate, threatening, hostile or offensive behaviour from any guest or person at the Photoshoot (including but not limited to, unwelcome sexual advances and verbal or physical conduct or a sexual nature) that It’s About You Photo may request that the offending person(s) to be removed from the premises immediately or leave the Photoshoot.
Indemnity – Clients agree that It’s About You Photo and related individuals or entities shall not be liable for losses or injuries of any kind resulting from acceptance of the Photoshoot, participation in the Photoshoot, individual, joint or collective technical malfunctions of photographic equipment or online gallery.
Illness/ Injury – In the unlikely event that It’s About You Photo falls gravely ill and/ or incapacitated prior to and/ or on the agreed date, the Client understand that all reasonable efforts will be made to find a substitute photographer. Any directions issued to the Client, guests or others during the Photoshoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during the Photoshoot.
Force Majeure or Act of God – The due performance of this agreement is subject to alteration or cancellation by either party owing to any cause beyond their control.
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 Retainer. Neither party shall be liable for indirect or consequential loss.
Image Storage Time Limits – After the Viewing and Sales Appointment which images are stored is at the photographer’s discretion. Typically all images which have not been purchased are purged from the photographer’s data storage after 30 days. The photographer may charge a fee to store images which have not been purchased for an agreed time after which the images will be purged.
Data Protection Policy – Please refer to It’s About You Photo’s Data Protection Policy at www.itsaboutyouphoto.com/data-protection-policy.
Complaints – Any complaints should be raised by the client with It’s About You Photo, in writing, within 14 days of first becoming aware of the matter to be complained of and in any event within 14 days of receipt of any purchase.
Contact – It’s About You Photo may be contacted via email email@example.com or telephone 07899602262 (please do not leave a message, instead communicate via email).