Terms and Conditions

Definitions

“The photographer” shall mean Ian Garfield, also operating as Ian Garfield Photography.
“The client(s)” shall mean any person, body of persons, firm or company with whom the photographer enters into a contract for the sale of goods or provision of services by the photographer.
These terms and conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing.

Acceptance of Terms and Conditions

All contracts and transactions between the photographer and the client, whether made orally or in writing, are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the photographer and all or any of its clients.

Booking confirmation and payment

A non-refundable booking fee/deposit of £95 and a completed copy of the booking form are required to confirm a booking. The booking fee/deposit will form payment towards the final cost.
Emails, messages and phone calls expressing the photographer’s availability do not constitute a booking.
Dates will be held for a maximum of 72 hours pending receipt of the completed form and deposit. If the booking Form is not submitted in this time, then the photographer will make the agreed time and date available once again.
Payment in full of the remaining balance must be received 14 days before the photographic shoot, unless otherwise agreed in writing.
The photographer reserves the right to withdraw facilities and services without notice should the client fail to pay the photographer’s invoice(s) within the time period specified.
Part/full payment(s) can be made at any time during the booking.
Late payments may incur additional charges based on image usage and licence terms
Additional products or services must be paid for in full at the time of ordering. Titles to all goods remain with the photographer until paid for in full by the client.
The photographer cannot be held liable for any expenses incurred by the client when a booking has not been confirmed by the photographer.

Cancellation fees

Photographer cancellations
- In the event that the photographer cannot attend for any reason beyond their control, death, accident or illness or for any other reason, the photographer agrees to inform the client as soon as he becomes aware of the problem. The photographer cannot be held liable for any expenses or consequential loss incurred by the client and will not be liable to compensate the client except to return any monies paid to date.
- In this event, the photographer will make every effort possible to provide a substitute photographer of similar skills and experience.

Client cancellations
- If a booking is fully cancelled by the client, the photographer reserves the right to charge the below fees based on the notice period:
  - Within seven days: 100% fee due
  - Within 30 days: 50% fee due

For outdoor bookings and events, where no indoor option is available and is cancelled/postponed due to weather conditions, the photographer will make no charge to the client if reasonable notice of the cancellation/postponement is provided.
The photographer reserves the right to charge in full for expenses (e.g. including but not limited to; hire of specialist equipment, vehicles etc), that may have been incurred prior or during the assignment taking place.

Right to withdraw

The photographer reserves the right to withdraw from any booking if:
- details (e.g., time, location) change significantly,
- the client fails to cooperate,
- safety is compromised,
- new information is discovered that was not disclosed or agreed at the time of booking,
- full payment is not received.
If withdrawal occurs, all fees paid will be refunded, as well as fair market value for products or services delivered; in this circumstance a charge of £120 per hour is for services already provided to the client(s).
Threats to the personal safety of the photographer or equipment, or damage to equipment may result in immediate termination without refund.

License, use, coverage & reproduction

The photographer retains full copyright under the Copyright, Designs & Patents Act 1988
For commercial events, a description of the intended usage of images must be clearly stated on booking.
Unless the photographer gives written authorisation, clients are granted a non-commercial personal use licence for printing and sharing upon full payment.
Unless the photographer gives written authorisation, the client is forbidden by law to copy any images created by the photographer and agrees that all photographic reprints, digital duplications or copies of any type made from images created by the photographer shall only be carried out by the photographer.
Breach of licencing terms may result in additional charges and/or legal action.
If the client wishes to own the copyright of images created by the photographer (allowing commercial use, reproduction, editing, or applying filters), an additional fee will be paid by the client to the photographer for transferring the copyright. This fee will be mutually agreed by both parties. The transfer of copyright will only become applicable after this payment has been made in full.
Reproduction rights (if and when granted) are strictly limited to the use specified on the photographer’s invoice and/or quotation, or booking form. an agreement must be reached with the photographer before the pictures are used for a different purpose or after the licence to use has expired.
Images must not be altered in any way. This includes, editing, filters, cropping or adding text without permission from Ian Garfield Photography.
Images must not be given to or used by suppliers without permission from Ian Garfield Photography.
The photographer reserves the right to charge an additional fee if the photographs are used for purposes other than shown on the booking form.
The licence to reproduce such images is granted to the client on the understanding that all invoices are paid within the photographer’s stated payment terms.
All original RAW digital files created by the photographer remain the property of the photographer and will not be provided.
The photographer reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes.

Exclusivity

If a booking is made where the photographer is to be paid solely by monies received at an event from the sale of photographs, or where the client is to be paid a commission/pitch fee/stand fee, the photographer reserves the right to have exclusive photography rights for the assignment.
This includes photographs either being offered for sale or free of charge, by any other photography company both at the event or via a website afterwards, and press/other media photographers.
If any other photography company is present without prior written agreement with the photographer, the photographer reserves the right to invoice the client for any loss of earnings incurred.

Commission payments

Any commission/pitch fee/stand fee agreed in advance is based upon information provided by the client. The photographer reserves the right to reduce payment on a pro rata basis if that information is deemed to be incorrect. Any payment will not be due until after the event has taken place.

Assignment delivery and equipment

All Clients and participants attend and participate in photoshoots at their own risk.
Any directions issued to client(s), their guests or employees during a photographic shoot are deemed to be at said person’s own risk e.g. the use of props such as smoke effects, additional lighting or costume.
Ian Garfield Photography will not be held responsible for any personal accidents, damage to client’s property, clothing or other during a photographic shoot.
By participating in a shoot, clients grant a model release unless otherwise agreed in writing.
The photographer reserves the right to terminate a session or leave a venue if:
- the environment becomes unsafe,
- there is inappropriate behaviour from guests or vendors,
- equipment is at risk.
The photographer will not be held responsible for interruption on the day of photographic shoot by person, employees, models, staff, venue or such as force of nature, burst pipes, fire or any other situation deemed to be a health & safety hazard by the venue which results in an evaluation or stops the proceedings.
Ian Garfield Photography will provide a collection of edited images to the client(s) as agreed when booking e.g. private online viewing gallery. The images will be provided as high-resolution JPEG files.
No guarantee will be made on the total number of images provided. The images provided will be deemed the full and final collection and no RAW files will be released.
The images provided to the client(s) will have been edited to the correct exposure, colour, contrast and tone in line with the artistic vision of Ian Garfield Photography. Advanced retouching is not included in the package price, eg: total skin smoothing, teeth whiting, skin imperfection removal, removing stray hairs or smudged makeup, removal of objects, swapping a face from one image to another, brightening of eyes, and body shaping or slimming enhancements. A quote can be provided upon request for advanced retouching, please contact for more details.
Original RAW files will not be held indefinitely but can be stored safely for the client and made available for future reproduction in return for the relevant fee.
It is the clients(s) responsibility to backup and stores their images.
Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer(s) will not be responsible for photographs that are not produced due to technical failure.
Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs, however, every effort is made to balance those during the editing process.
The photographer shall be granted an artistic license in relation to the poses photographed and the locations used. The photographer’s judgment regarding these matters shall be deemed correct.
Photographs taken during the course of the event will be at the discretion of the photographer(s) although every effort will be made to comply with the client’s requirements.
When the photographer is required to supply equipment, then the client is responsible for the behaviour of their guests using said equipment. The client is responsible for insuring their guests using said equipment. This applies whether the photographer is present or not. Any damage to provided equipment is to be repaired at the clients expense, and the client will also be responsible for any loss of earnings whilst repairs are undertaken.

Retention of title

The photographer reserves the right to retain all of the clients materials in his possession until all monies owed to the photographer have been paid in full. Furthermore, the licence to reproduce images created by the photographer will also be revoked until payment has been made.

Fees and expenses

All prices quoted to the client apply only to the original job description and specifications given to the photographer by the client.
The photographer reserves the right to make additional charges for fees and expenses should these descriptions or specifications differ or change before or during the assignment.
Wherever possible, the photographer shall endeavour to provide an indication of what these additional charges will be.

Representation

The client shall ensure that there is an authorised representative present at the assignment to ensure the correctness of the photographer’s interpretation of the clients brief
In the event of no client representation, the photographer’s interpretation of the brief shall be deemed as correct.

Delivery shortages/loss and damage in transit

The supply of products and services are provided by the photographer on a best endeavours basis.
The photographer will not be liable for delays that are beyond his reasonable control.
The photographer shall use reasonable endeavours to meet agreed deadlines where applicable.
The photographer shall not be liable for any delays in meeting any of his obligations which were due to causes beyond his reasonable control including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit etc.
Claims for damage, non-delivery or shortages will not be considered unless notified in writing within seven days of delivery.
Ian Garfield Photography will make reasonable endeavours to ensure that items delivered by a third party are suitably packaged for transit.
Ian Garfield Photography cannot accept liability for loss or damage caused by a third party. For valuable items, the client should take out suitable insurance cover. Upon written request, the photographer will provide suitable loss/damage cover for an additional charge.
Clients who choose to have items returned to them without loss/damage cover do so at their own risk.

Confidentiality

All sensitive or confidential information provided by the client will be treated with care and not disclosed unless required by law or with the client’s consent.
Ian Garfield Photography has a privacy policy and will store your contact details on a private internal database. These details will not ever be made available to companies or individuals outside of Ian Garfield Photography.
Ian Garfield Photography may use images from the shoot to help promote the business. Images may be used on social media platforms, marketing material, website etc.
The photographer must be notified of any person(s) present who do not wish to be featured in such materials.

Conduct

The client shall be responsible for the behaviour of any person(s) accompanying them to an assignment.
The photographer reserves the right to terminate any assignment without notice if he deems the client’s behaviour to be unruly or unsafe. In such instances, the photographer reserves the right to charge his full fees and expenses as described in “Cancellations” section of these Terms and Conditions.
The client will fully reimburse the photographer or his agents for any loss/damage they cause to property or equipment.

Liability

Ian Garfield Photography takes care with respect to the exposure, transportation and processing of images, including the use of professional equipment and professional backup equipment. In the unlikely event that the client’s photographs are lost, stolen or destroyed for reasons within or beyond Ian Garfield Photography’s control, the liability is limited to the return of all payments received for the contracted package described in your Contract. Your statutory rights are not affected.
The client agrees that in all dealings with the photographer, the photographer’s liability will be limited to the following sums:
- Public liability: limit of indemnity – £5,000,000

Prices & terms

Ian Garfield Photography reserves the right to amend both Prices and these Terms and Conditions without prior notice.

Rush services

The photographer reserves the right make an additional charge should the client request a rush service.
This service is subject to availability and cannot be guaranteed.

Images/data supplied in electronic format

For all images/data supplied to the client in electronic format (including but not limited to electronic mail, USB’s/CD’s/DVD’s etc), the photographer will endeavour to ensure that the data sent is not corrupt and is virus-free.
The photographer cannot be held responsible for any damage, disruption and/or loss of any kind that the said media may cause to the clients computer or data.
The client agrees to take steps to ensure that data sent to the photographer is not corrupt and/or virus-free.

Law

This Agreement shall be subject to and constructed according to English Law and the parties agree to accept the exclusive direction of the Courts of England for any disputes arising.
If any clause within this document is deemed unenforceable, the remaining clauses shall remain valid and enforceable.