TERMS OF BUSINESS
Please carefully read these Terms of Business that set out our and your legal rights and obligations in respect of the services provided by John Rose trading as John Rose Photography (JRP).
1.1. These Terms of Business are incorporated into any agreement between JRP and the Customer for the supply of goods and/or services by JRP to the Customer and shall apply to the exclusion of all terms of business conflicting with or purporting to modify them, except where otherwise agreed in writing between JRP and the Customer.
DEFINITIONS AND INTERPRETATION
2.1. ‘Charges’ means JRP Hourly Rate multiplied by the number of person hours worked by JRP or the total fee agreed, in writing between JRP and the Customer for the provision of goods and or services;
2.2. ‘Booking Date’ means the date or dates agreed between JRP and the Customer for the provision of photographic services;
2.3. ‘Booking Fee’ means the fee agreed, in writing, between JRP and the Customer to secure the Booking Date or Dates;
2.4. ‘Intellectual Property Rights’ means all intellectual property rights worldwide whether registered or unregistered, including copyright, moral rights, passing off rights and design rights;
2.5. ‘Force Majeure’ means an event, or a series of events, that are outside the reasonable control of JRP, including but not limited to: traffic conditions, accident or injury, equipment failure, weather conditions, power failures, industrial disputes, changes in legislation, disaster, fires, floods, police actions and terrorist activity;
2.6. ‘Permission’ means a permission given by a third party for photographic purposes and/or the inclusion of any person, location, object or other thing in any image produced;
2.7. ‘Photographs’ means any photographic image in any form including but not limited to: prints, negatives, transparencies, computer files and printed material whether digital or otherwise;
2.8. ‘Goods’ means any prints, albums, photographs, frames, or any other materials;
2.9. ‘Artistic licence’ means images will be captured in a quantity and as poses or positioning at locations or using backgrounds entirely at the discretion of the photographer;
2.10.‘Order’ or ‘Booking Form’ means any request, order, commission or instruction by or on behalf of the Customer for the services and/or goods of JRP.
OBLIGATIONS OF JRP
3.1. JRP will supply the services of a photographer(s) to the Customer on the Booking Date or Dates agreed in the Booking Form or Order; in the unlikely event that JRP are unable to provide a photographer JRP reserve the right to appoint an alternative provider;
3.2. JRP will use their best endeavours to capture the images in accordance with the Order or Booking Form subject to the photographers artistic licence and Force Majeure; all image sizes quoted are approximate and subject to the discretion of JRP;
3.3. Due to variances in lighting conditions, the limitations of film or digital capture and anomalous reflectance of certain dyes, materials and man-made fibres, some colours do not reproduce exactly on photographic film or paper;
3.4. In some circumstances e.g. a church ceremony, the movement and locations available to the photographer may be restricted, either by the person/minister in charge or the building structure, JRP cannot accept responsibility for any such restriction that may affect the images captured.
OBLIGATIONS OF THE CUSTOMER
4.1. The Customer will provide to, or procure for, JRP any:
(a) Information and documentation requested;
(b) Support or co-operation of the management of any premises at which photographic services are being provided;
(c) Support or co-operation of any guest or third party that the Customer has requested JRP to include in any photograph; and
(d) All licences, permission, consents or permits that may be required before photographs can be taken by JRP.
4.2. The Customer agrees to allow JRP to display or utilise any photograph for business promotion, exhibitions and competitions providing that any images so used are lawful and without damage to the Customer.
PAYMENT and LIMITATION OF LIABILITY
5.1. A Booking Fee of 50% of the order value is to be paid by the Customer when confirming a Booking Date or Dates. The Booking Fee is non-refundable or transferable in the event of cancellation;
5.2. Full payment of any balance due, as stated in the Booking Form or Order, is to be paid by the Customer no later than 90 days before the first Booking Date (weddings, events), prior to any goods being supplied (commercial) or prior to any goods being ordered for other genres of photography;
5.3. Additional orders or re-orders for photographs, albums or other formats are to be paid for in full by the Customer at the time of placing the additional Order or re-order;
5.4. Re-touching, digital manipulation and artist finishing is available to the Customer as an optional extra and are to be paid for by the Customer at the time of Order;
5.5. It is expressly agreed that any liability of JRP to the Customer shall be limited to the total value of the Order.
6.1. Cancellation by the Customer more than 90 days before the first Booking Date will entitle the Customer to a refund of any money paid in excess of the Booking Fee;
6.2. The Customer shall be liable for the full costs of the Order or Booking Form in the event of cancellation less than 90 days before the first Booking Date;
6.3. No refund of money paid, will be due to the Customer if any Order for goods, additional orders or re-orders is cancelled by the Customer;
The Customer is advised to arrange insurance to cover any losses or consequential losses arising from cancellation by JRP.
In the unlikely event of any complaint in respect of the service or goods provided by JRP, any such complaint must be received, in writing, within 7 days of provision of services or receipt of goods. Where a complaint cannot be resolved the Customer may request the Society of Wedding and Portrait Photographers to arbitrate on the express understanding that their decision shall be final and binding on the Customer and JRP.
These Terms and Conditions are governed by the law in force in England and the parties submit to the non-exclusive jurisdiction of the courts of England in respect of any proceedings in connection with these Terms of Business.