Terms and Conditions
The Photographer relates to Emma Jackson operating as Photography by Emma Jackson
Client relates to any person, group of people, organisation or company with whom Emma Jackson enters into a written contract for the purpose of providing photography services.
Services and Event regards to any consultation, photo shoot or product provided to the client by Emma Jackson
Reproduction - Any form of publication or copying of the whole or part of any Photo whether altered or not and whether by printing, photography, slide projection (whether to an audience or not), xerography, electronic or mechanical reproduction or storage, or for any use as artist's reference or illustration, or in a layout or presentation.
Any and all contracts and transactions between the Photographer and Client are subject to these Terms and Conditions. By entering into a contract with the Photographer, the Client and Photographer are agreeing to and accepting these Terms and Conditions.
Booking a Service via acceptance of contract by paying the required deposit enters both parties into a contract whereby the Photographer agrees to provide the Client with the requested Service. The Service will not be deemed as confirmed until the Client has made the initial deposit fee. This deposit fee is non-refundable.
All balance of payments must be made in full on or before the date stated on the contract unless previously arranged in writing, failure to do so results in voidance of the contract with no available recourse to the client with additional costs and fees as stated below to be incurred.
The prices on my website may be out of date and subject to change. I reserve the right to adjust prices at any time to suit Clients’ budgets and requirements. I am under no obligation to provide or match the same quote provided to an alternative Client at any point.
If the Event is delayed, runs over etc and the Photographer is required to stay past the agreed set of hours to provide the coverage provided in the contract the Client will be invoiced an additional hourly rate of £45 per hour payable within 7 days of wedding date.
Cancellations and Refunds
The Client may cancel the contract at any time by giving written notice to the Photographer. If a cancellation occurs within 30 days of the date of the Service/Event the Client is not entitled to any refund of monies paid unless due to evidenced force majeure.
If the Client has not informed the Photographer in writing 30 days prior to the cancellation of the event the Client is eligible to pay the full balance due to the costs incurred by the Photographer in preparation for and blocking other Clients for the use of the booked date.
If the Client is to cancel the requirement of Services prior to 30 days’ notice, then a full refund minus deposit will be provided within 14 days unless alternative agreements for re-booking have been made between the Client and Photographer.
If you need to change the date of any Service prior to 30 days notice, any new date will be subject to the Photographer’s availability. Reasonable endeavours will be made to arrange an alternate date for Services and if this can be agreed a new contract with the revised details will be emailed to the Client. In the event we cannot agree to a suitable date the deposit will be lost.
Following the cancellation or no show at event there are no obligations for the Client or the Photographer to re-book any Service.
The Photographer will not be responsible for refunding any third party booked by the Photographer such as Make-Up Artist, Stylist, Hairdresser etc.
Ownership/Reproduction and Copyright
The copyright and all other rights in the Photos shall be retained by Emma Jackson, trading as Photography by Emma Jackson (the “Photographer”). The Photographer asserts the right to be credited as the author of the Photos in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988. Any unauthorised reproduction of any Photos or use by third party organisations will constitute a breach of copyright.
The Client agrees to fully indemnify the Photographer in respect to claims, damages or costs occurred in respect of claims for copyright violation made by a third party.
Customers have the personal rights to make use of the photographs as stated within the Photography contract.
Unless otherwise agreed between the Client and Photographer, the Photographer has the right in all cases to use the photographs for the purpose of advertising or otherwise promoting their own work. The Client under GDPR has the right to decline in writing the use of their photos on my website or business social media.
The Photographer will endeavour to identify and minimise risk and damage to the Client, Photographer, Property and other parties directly involved with the Service.
The Photographer retains the right to postpone or cancel a service without recourse at any point before or during where risk has been identified. Should any persons’ behaviour be deemed to place the Photographer or others at risk or be abusive verbally or otherwise to the Photographer the Photographer can cancel or leave an event at any time before or during should this occur, and the Client will not be entitled to any refunds or fees.
Force Majeure means any unforeseeable event, out of the control of the Photographer or the Client, for example, but not limited to family death, adverse weather or serious illness.
I shall have no liability to you under this Agreement if I am prevented from carrying out the Service by:
The Client or guests not being on time and/or the church, venue, reception, or the place of the event having photography restrictions.
For the closure of any venue permanent or temporary where services are to take place.
Any inhibiting background, location, or additional arrangements with other photographers; and/or any acts, events, omissions or accidents beyond my reasonable control, including strikes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, inclement weather or default of suppliers or sub-contractors.
In the event of incapacitating illness or injury to the Photographer I shall have the option, whenever possible, to mutually agree with you a replacement photographer to carry out the Photo Services. If I cannot agree a replacement, then I shall refund to you any fee paid in relation to the interrupted Service in full without liability for additional compensation sought.
My entire liability for any breach of this Agreement or any representation, act or omission (including negligence) shall be limited to my fee in relation to the Photography Services and I shall not be responsible for any special, indirect or consequential or pure economic loss, costs, damages, charges or expenses.
The limitation on liability shall also apply in the event that photographs are lost through equipment malfunction, are lost in the mail or otherwise lost or damaged where the Photographer is not liable.
Nothing in these Conditions limits or excludes my liability for death or personal injury resulting from negligence; or any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by myself.
You are advised to take out an appropriate wedding insurance policy.
Complaints or Grievances
To be made in writing at the earliest opportunity.
These Terms and Conditions constitute the whole Agreement between the parties and supersede all previous agreements between the parties relating to its subject matter.
No variation or agreed termination of this Agreement or of any document referred to in it shall be effective unless it is in writing.
If any provision of this Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
A person who is not a party to this Agreement shall not have any rights under or in connection with it.