LEGAL AGREEMENT TERMS
Byatt Photography reserves the right to use any photograph in any form such as, but not limited to, advertising, reproduction and copyright. All images are copyrighted by Byatt Photography, even those you purchase. Copying, scanning, editing or reproducing images is strictly prohibited unless otherwise agreed upon in writing by the photographer. Print-screening images from this website or your proofing gallery without paying for them is also against the law. All offenders will be prosecuted accordingly. Prices are subject to change without notice and are non-negotiable. Due to the custom nature of photographic products, no refunds will be issued. By hiring Byatt photography you agree to these terms.
The Session : The client is guaranteed one session with Byatt Photography. Portraits When paying only the £50 retainer fee, the client will receive a proofing gallery 2-3 weeks after their shoot, from which they can then select one of the advertised packages. No images, prints or products are included in the £50 retainer fee. The client can refuse to purchase any images, in which case the gallery will be deleted from the photographer's hard drive. In this case, any unauthorised screen-shotting or saving of the gallery is illegal. Should the client wish to purchase images from their session, they can do so by selecting a package to purchase through Byatt Photography. Should the client decline to purchase images in a package and opt to purchase items individually, the client accepts that there is a minimum spend of £150. Packages start at £150. Digital Images will be delivered (or optional for download) to the client ASAP as soon as full payment for the goods is received. Prints and hard-copy product orders will be delivered or ready for collection within 5 weeks of full payment being received. The £50 retainer fee is deductible from any package or order purchase (over the minimum spend of £150).
Cancellation / Postponement : Client understands that by entering into this agreement, Byatt photography is foregoing other photographic jobs. In the event of a cancellation or postponement of the portrait session/agreement by Client, the booking fee(s) paid are non-refundable. Booking fee(s) are non-transferable unless otherwise agreed upon by the photographer. Forty-eight hours notice of postponements or cancellations is appreciated if it is possible. If the client(s) refuse to pay the final balance, the photographer reserves the right to decline to provide any further services, prints or merchandise unless or until the balance is paid. The client shall also forfeit any moneys already paid to the photographer. The photographer shall have the right to immediately terminate this agreement with no further obligation, retain any monies paid, and not attend the shoot or event.
Cooperation and Punctuality / Responsibilities : The client(s) and Byatt Photography consent to cooperate and communicate happily with each other to achieve the best possible shooting results. The client understands that failure to be punctual can result in loss of shooting time. If the clients are late or a schedule overruns, the photographer will do her best with the time she has to compensate and produce the best results she can in the time allotted. No additional time will be added to the session if the client is late. The shoot will start at the scheduled time, any lateness will be deducted from that time.
Weather : If it is not possible for a session to take place on a scheduled day due to weather, Photographer and Client will reschedule on an agreed date at the earliest date possible, with no additional charge.
Cooperation / No Shows : Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during portrait sessions, or for missed images due to details not revealed to Photographer. If Client and/or key individuals fail to appear to a scheduled portrait session, the deposit is non-refundable. The session can be rescheduled at the original portrait session fee, including an additional deposit.
It is the responsibility of the client to ensure everybody is participating in the session. If some partie(s) and/or children refuse to partake, this is not the photographer's liability. Facial expressions are beyond the control of the photographer. The photographer will try her best to engage with children and clients, but cannot force anybody to smile. If people are not smiling, it is not necessarily considered a bad image.
Exclusive Photographer: The photographer will be the exclusive photographer with no other camera or recording devices, including cell phones or tablets, permitted during your session.
Copyright : English Copyright Law declares that the copyright remains with the photographer. The photographer grants the client(s) permission to make copies of the images under the following conditions:
The images taken by the photographer are for personal use by the client and their friends or family, selling the photographs is not allowed without permission from the photographer.
Buyer may not resell, relicense, redistribute without express written permission from photographer. Use as a derivative work, and reselling or redistributing such derivative work is prohibited. Images may not be edited or have filters applied to them. Images may not be used in a pornographic, obscene, illegal, immoral, libellous or defamatory manner. Images may not be incorporated into trademarks, logos, or service marks. Images may not be made available for download.
The client(s) will not have access to ANY unedited images. RAW files are never released.
The Photographer has unrestricted use of these images and can use them wholly or in part in any publication (commercial or otherwise), portfolio or public display with any retouching or alteration without restriction.
Model Release : Client grants to Photographer and her legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of Client, Client’s child or children, or in which Client may be included for editorial, trade, advertising and other purposes, and in any other manner and medium; to alter the same without restriction; and to copyright the same. Client hereby releases Photographer and her legal representatives and assigns from all claims and liability relating to said photographs
Booking Retainer Fee : Client agrees to pay the non-refundable booking retainer fee of £50.00 to Byatt Photography. A fully signed “Booking Form" and full payment of the non-refundable booking fee (due upon signing this document) are required to confirm the services provided by the photographer.
Location : The client is responsible for acquiring any and all permits and necessary permission for all locations on which the photographer will be performing services. The photographer is limited by the rules and guidelines of the location(s) and site management. The client agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is the client's responsibility; the photographer can offer technical recommendations only .
Safety : The photographer reserves to right to terminate coverage and leave the location of the event(s)/shoot(s) if the photographer experiences inappropriate, threatening, hostile or offensive behaviour from person(s) at the event(s) or shoot(s); or in the event that the safety of the photographer is in question.
Style : The final post production styles, overall look and editing are left to the discretion of the photographer with the exception of specific requests that the client has made to the photographer in writing.
Professional Training : Photo sessions with Byatt Photography should not be used as a substitute for professional training or shadowing. Anybody who books a session with Byatt Photography and subsequently establishes their own new business offering photographic services will be invoice a full training fee by Byatt Photography. Anybody wishing to arrange professional training with Byatt Photography can do so directly at any time.