PHOTOGRAPHY SERVICES TERMS & CONDITIONS

1. Definitions

“The Photographer” means any photographer or videographer working for or on behalf of AD Photography and Coaching Ltd.

“The Client” means any person, body of persons, firm or Company with whom the Photographer enters a contract for the sale of goods or provision of services by the Photographer.

“Images” and/or “Photographs” means all photographic material including but not limited to photographs, prints, digital scans, video files, digital files, digital image, artwork, montages and other type of physical or electronic material and/or any other photographic product or other product comprising or containing reproduction of any form of photographic material, and which may be offered for the purpose of reproduction, and which has been created by the Photographer.

“Reproduction” includes any form of publication or copying of the whole or part of any photograph whether altered or not and whether by printing, photography, projection (whether to an audience or not), electronic or mechanical reproduction or storage, electronic transmission or for any use as an artist’s reference or illustration, or in a layout or presentation to include non-commercial image sharing internet resources.

2. 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.

3. 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. Additional expenses including location fees, venue fees, travel expenses will be paid by the Client. Extra editing fees may apply if the animal / equipment is dirty or untidy. 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.

4. Payment Terms

A 50% non-refundable retainer shall be paid in advance in order to confirm a booking and fairly compensate the Photographer for committing his/her time to provide the services and turning down other potential projects or clients. The appointment date/time shall not be reserved until this retainer amount is paid.

AD Photography and Coaching Ltd. shall deliver an invoice for the Price to the Client upon agreement of the Services (“Invoice”). The Client shall pay all fees outstanding on or prior to the due dates set out in the Invoice. Any sum outstanding 30 days after the expiry of the due date may be subject to late payment interest at the rate of 8% per annum until payment is received in full. In addition to this amount, the Photographer is also automatically entitled to compensation for recovery costs, without the necessity of a reminder.

The final amount payable may be subject to change depending on the amount of actual expenses incurred.

5. Service Time and Overruns

Any and all photography fees are calculated on a minimum hourly basis by AD Photography and Coaching Ltd. The Photographer reserves the right to charge an additional €100 per started hour beyond the agreed time. This fee does not include license to use images beyond personal and/or internal use for the duration of one year.

6. Cancellation

The Photographer reserves the right to cancel these terms and conditions or cancel delivery of Goods or Service at any time before the Goods or Service are delivered by giving written notice. On giving such notice The Photographer shall repay to The Client any sums paid in respect of the Price. AD Photography and Coaching Ltd. shall not be liable for any loss or damage whatever arising from such cancellation.

If a booking is cancelled by The Client within 48 hours of the starting time, the Photographer reserves the right to charge 50% for the assignment.

In the event of The Client cancelling or rescheduling their shoot, The Client agrees to pay in full all cancellation fees for any additional services they requested such as (but not limited to) hair/make-up artists, grooms, animal handlers, assistants, prop/location hire etc. contracted in for specifically their shoot.

For cancellations/postponements due to weather conditions, the Photographer reserves the right to charge his full fee and expenses due to weather conditions on location. In such instances, the Photographer may charge in full for his expenses (e.g. including but not limited to; hire of specialist equipment, vehicles etc), that he may have incurred prior or during the assignment taking place.

On instances where The Client arrives late or fails to attend their shoot at the agreed time, the photographer reserves the right to shorten or cancel the shoot without the refunding of any fees paid. The Photographer will not provide refund or other compensation for any time deducted from the session due to late arrival of the Client. The rescheduling of such shoots will be subject to The Photographer’s standard fees and availability.

In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. AD Photography and Coaching Ltd. will make every effort to secure a replacement photographer of the same professional standing and ability able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received.

7. Retention of Title

The Photographer reserves the right to retain all of the Client’s 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.

8. Copyright and Ownership and Delivery

In accordance with the Irish Copyright and Related Rights Act 2001 all images created by the Photographer are owned by the Photographer. Unless otherwise stated, the client will receive an edited selection of prints, JPEG digital images or video files. The entire copyright of the images is retained by the Photographer at all times throughout the world.

The Photographer retains all rights, license, copyright, title and ownership of the Media and may use the photographs for PR, advertising or promotional purposes. The Photographer reserves the right to make reproductions of images created during any and all assignments, commissions or employment terms for marketing, promotional, competition and editorial purposes.

The Client understands that the Photographer has the right and permission to use, publish or sell the photograph(s), in which the Client and/or his/her property is included, in any medium, throughout the world, without any restriction whatsoever as to the nature of the use or publication or as to the copy of any printed matter accompanying the photograph(s). The Client understands that the images may be altered and waives the right to approve any finished product.

9. Limited License to Client

The Photographer grants The Client a perpetual, exclusive, non-transferable and non-sublicensable limited license for usage worldwide from the date of image creation to use the accompanying Images for personal use only, provided that the Client does not remove any attribution notices or copyright notices included by Photographer. 

“Personal Use” includes, but is not limited to, use (i) of photos on Client’s personal social media pages or profiles; (ii) in Client’s personal creations, such as scrapbooks, albums or personal gifts; (iii) in non-commercial physical display; and (iv) in personal communications, such as family newsletter, email, or holiday card. The client may print, share or reproduce electronically the Photographs as they wish for personal use only. The Client will not make any other use of the Media without Photographer’s prior written consent, including but not limited to use of the Media for commercial sale.

The photographs or video may not be used by The Client in any form of advertising, promotion, brochures, packaging or as part of a commercial website or intranet for promotional purposes, posters, flyers, tear sheets or other commercial display of Media for promotional purposes (not for resale), magazines, books, newspapers, other printed publications, video, broadcast or theatrical production without the express written consent of The Photographer.

The Client may not resell or re-licence without express written permission from the Photographer. Use as a derivative work, and reselling or redistributing such derivative work is prohibited. The Client may not use media in a pornographic, obscene, illegal, immoral, libellous or defamatory manner. The Client may not incorporate media into trademarks, logos, or service marks. The Client is not permitted to make media available for download. The Photographer reserves the right to charge an additional fee if the photographs are used for purposes other than what is shown on the Photographers invoice and/or quotation.

If the Client wishes to own the copyright of images created by the Photographer, an additional fee will be paid by the Client to AD Photography and Coaching Ltd. 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.

On instances where the Client requests copies from media that the Client has supplied, all work is undertaken on the assumption that the Client has obtained written permission from the legal copyright holder for copies to be made. The Photographer may contact the copyright holder of the said image to confirm that authorisation to copy the image has been given. The Client agrees to fully indemnify the Photographer in respect of any claims or damages or any costs arising in respect of claims for copyright violation made by a third party.

10. Right to a Credit

The Photographer’s name is to be printed on, or in reasonable proximity to all commercial or editorial published reproductions of the Photographs.

11. Alteration

The Client may not alter or add to or manipulate a picture by means of computer or any other technique or reproduce a picture in whole or in part as an element within, or as a montage within another picture without first obtaining the written consent of the Photographer.

12. Archiving and Digital Image Access

All original negatives, transparencies and digital files created by the Photographer remain the property of the Photographer. Digital links will remain online and accessible for 30 days from date of issue. Upon receipt of the digital media, both physically or online, the Client accepts all responsibility for archiving and protecting the photographs. Should the Client request copies of images after initial delivery, the Photographer will, where possible, make them available for future reproduction in return for the relevant fee. A processing fee of €30 applies to set up a new downloadable link.

The Photographer will make every reasonable effort to handle all digital photographs both during and after the event on a minimum of two separate digital storage units simultaneously. The Photographer will make every reasonable effort to archive images for one year from the date of the delivery of files. The Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read the digital media provided. It is the Client’s responsibility to make sure that digital files are copied to new media as required. Once the Client downloads the Media they will be responsible for the protection of that data under their own company Data Protection Policy.

This limitation of liability also applies to any loss or damage of photographs, or failure to deliver photographs for any reason.

13. Artistic Release and Rejection

The Photographer will use reasonable efforts to ensure that the Services are produced in a style consistent with Photographer’s current portfolio, and Photographer will use reasonable efforts to consult with Client and incorporate any reasonable suggestions.

The Client acknowledges and agrees that:

·   Client has reviewed Photographer’s previous work and portfolio and has a reasonable expectation that Photographer will perform the Services in a similar style

·   Photographer will use its artistic judgement when providing the Services, and shall have final say regarding the aesthetic judgement and artistic quality of the Services; and

·   Disagreement with Photographer’s aesthetic judgement or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

Unless a rejection fee has been agreed in advance, there is no right to reject or withhold payment on the basis of style or composition.

14. 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. The photographer is limited by the guidelines of site management. The Client agrees to accept the technical results of their imposition on the Photographer.

15. Conduct

The Client shall be responsible for the behaviour of any persons and animals accompanying them to an assignment. The Photographer reserves the right to terminate any assignment without notice if he deems the Clients behaviour to be unruly or unsafe. In such instances, the Photographer reserves the right to charge his full fees and expenses as described in clause 5 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.

16. Damage to Supplied Equipment

When the photographer is required to supply equipment with regards to any commission then the Client is responsible for the behaviour of their guests and animals around said equipment. This applies whether the photographer is present or not. Any damage to provided equipment or facilities is to be repaired at the Client’s expense, and the client will also be responsible for any loss of earnings whilst repairs are undertaken.

17. Control of Animals

The Client is responsible for controlling their animal(s) at all times. This applies whether the photographer is present or not. The Client will ensure their animal is handled by a competent person, and that the animal has been sufficiently well trained in advance, to behave in a safe manner during a photography shoot in a new environment.

The Photographer will not be held liable for poor quality media resulting from uncooperative or disobedient subjects during the shoot. The Photographer shall not be expected to refund or reshoot due to an animal’s uncooperative behaviour.

The Client is responsible for grooming the animal and presenting the animal in an appropriate manner.  The Photographer will not be held liable for poor quality media resulting from a subject’s dirty, untidy or wet appearance during the shoot. The Photographer shall not be expected to refund or reshoot due to a subject’s dirty, untidy or wet appearance during the shoot.  

Any damage to equipment or facilities is to be repaired at the Client’s expense, and the client will also be responsible for any loss of earnings whilst repairs are undertaken.

18. Liability

The Photographer’s total liability for any claim howsoever arising shall not exceed the price of the Products supplied by the Photographer to the Client. The Photographer shall not be liable for any loss of profits, wasted time or any indirect, special or consequential losses whether any such losses or wastage arise from a breach of contract, negligence or in any other way and irrespective of whether the Photographer was or ought reasonably to have been, aware of the possibility of such losses.

The Client acknowledges that all animals can be unpredictable and dangerous and accepts the high risk involved.

For the avoidance of doubt, the Photographer’s liability for: (a) death or personal injury resulting from its negligence or that of its servants or agents; (b) breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by it under any agreement for sale; (c) under the Consumer Protection Act 2007; (d) fraudulent misrepresentation or (e) in relation to any other liability, including any liabilities under sale of goods or supply of services legislation (Sale of Goods and Supply of Services Act, 1980.), that may not by applicable law be excluded or limited; is not excluded or limited by this agreement, even if any other term of this agreement would otherwise suggest that this might be the case.

The Client (on behalf of himself/herself and any other participant whose image or recording may be captured by the Services) hereby waives all rights and claims, and releases Photographer from any claim or cause of action, whether now known or unknown, relating to the sale, display, license, use and exploitation of Images pursuant to this Agreement.

19. Delivery of Products and Services

The supply of products and services are provided by the Photographer on a best endeavours basis. Not all images from a session will be received by the Client. Images will not be provided in RAW format or unedited format. 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.

Photographer shall not be held liable for delays in the delivery of such Work Product, or any Work Product undeliverable, due to technological malfunctions, service interruptions that are beyond the control of Photographer (including as a result of delays in receipt of instructions from Client) and for Work Product that fails to meet the agreed specifications due to the actions of Client or participants at the Portrait Session that are beyond the control of Photographer. 

20. Delivery Shortages / Loss and Damage in Transit

Claims for damage, non-delivery or shortages will not be considered unless notified in writing within seven days of delivery. The Client shall inspect the Goods on delivery and shall within seven (7) days notify the Photographer of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford the Photographer an opportunity to inspect the Goods within a reasonable time following delivery if the Client believes the Goods are defective in any way. If the Client shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which the Photographer has agreed in writing that the Client is entitled to reject, the Photographer’s liability is limited to either (at the Photographer’s discretion) replacing the Goods or repairing the Goods.

The Photographer will make reasonable endeavours to ensure that items delivered by a third party are suitably packaged for transit. The Photographer 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.

21. Returns

Returns will only be accepted provided that:

·   the Client has complied with the provisions of clause 14; and

·   the Photographer has agreed in writing to accept the return of the Goods; and

·   the Goods are returned at the Client’s cost within ten (10) days of the delivery date; and

·   the Photographer will not be liable for Goods which have not been stored or used in a proper manner; and

·   The Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.

The Photographer may (in its discretion) accept the return of Goods for credit or refund but this may incur a handling fee of 50% of the value of the returned Goods plus any freight.

22. Warranty

To the extent permitted by statute, no warranty is given by the Photographer as to the quality or suitability of the Goods for any purpose and any implied warranty is expressly excluded. The Photographer shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof however arising.

23. Confidentiality

AD Photography and Coaching Ltd. acknowledges that in the performances of the services, they may receive information from the Client which is designated by the Client as confidential. The Photographer agrees to keep this information confidential and not to disclose such information to other parties except as requested by the client, required by law or as deemed reasonably necessary to enable AD Photography and Coaching Ltd. to carry out their obligations in relation to the commission.

24. Electronic Communication and Data Protection

When using the Web Site, the Client accepts that communication with the Photographer will be mainly electronic. The Photographer will contact the Client by e-mail or provide information by posting notices on the Web Site. For contractual purposes, the Client agrees to this electronic means of communication and acknowledges that all notices, information and other communications that the Photographer provides to the Client electronically comply with any legal requirement that such communications be in writing.

The Photographer respects the Client’s personal privacy and undertakes to comply with all applicable Irish Data Protection legislation, regarding personal information. In that regard, please see the Privacy Policy Statement.

25. Images/Data Supplied in Electronic Format

For all images/data supplied to the Client in electronic format (including but not limited to electronic mail, digital download, CD’s/DVD’s etc), The Photographer will endeavour to ensure that the data sent is not corrupt. 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.

26. 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.

27. Prices & Terms

The Photographer reserves the right to amend both Prices and these Terms and Conditions without prior notice.

28. Pic-Time

The Photographer uses Pic-Time to display images and sell products online.   The Client accepts Pic-Time’s  Terms of Reference available at https://www.pic-time.com/#TermsOfService. 

29. Cooling off Period

After accepting the Client’s booking/order, the Photographer will send an email (on the email address supplied when ordering on the Web Site) confirming details of the booking. The Client will then have a “cooling off” period during which he has a right to cancel the Booking/Order without charge. The Client may exercise that right by notifying the Photographer by email at info@aislingd.ie. The Photographer will refund any payments made by the Client if that right to cancel is exercised. The cooling off period and related right to cancel will end seven working days beginning with the day after the date on which the Booking Confirmation / Order Confirmation has been sent. Without prejudice to the Client’s statutory rights, or the cooling off period explained above, there is no cooling off period available in relation to the purchase of photographs once they have been taken at a photography shoot or in relation to any bookings made in person.

30. Survival

Articles 7, 8, 9, 10, 11, 12, 15, 16, 17, 18, 22, 23, 25, 28, 29 and 30 will survive termination of this Agreement.

31. Law

This Agreement shall be subject to and constructed according to the laws of the Republic of Ireland. If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.