TERMS AND CONDITIONS
In the following terms and conditions “the photographer” shall mean anyone working for Kim Byrne Photography Ltd. “The client(s)” shall be those persons defined in the booking form. It is mutually agreed that the following terms of agreement form an integral part of this contract and cannot be varied in any way by the client(s) unless such conditions are expressly agreed by the photographer in writing. By booking with the photographer you agree to the below Terms and Conditions.
1.1 A non-refundable booking free is required at the time of booking in order to reserve and secure the appointment unless otherwise confirmed by Kim Byrne Photography. Payment may be paid by cash, credit/debit card or bank transfer.
2.1 Balances owed for photo shoot appointments must be paid in full before the session commences.
Payment for all extra items ordered must be made at the time of ordering. Prices for prints, digital images, mounts and framing options are available upon request.
3.1 All charges and additional goods specified on the booking form are supplied at the prices ruling on the date of booking. Goods not specified on the booking form are supplied at the prices ruling at the time of receipt of the order.
4.1 The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc.
License, Coverage and Reproduction
5.1 Photographs taken during the course of the session/event will be at the discretion of the photographer although every effort will be made to comply with the clients requirements.
5.2 The photographer shall be granted artistic license in relation to the poses photographed and the locations used. The photographer’s judgement regarding these matters shall be deemed correct.
5.3 When attending events the photographer shall endeavour to photograph all individuals as requested by the client(s) at some point, but no responsibility will be taken by the photographer on the occasion of leaving somebody out.
5.4 At certain venues, the photographer’s movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the event may not be the photographer’s choice and the photographer cannot accept responsibility for any obstructed view should this be the case.
5.5 On location or events due to a variety of uncontrolled lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs.
5.6 Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.
Prints, reprints and enlargements
6.1 Kim Byrne Photography offer a vast array of print and enlargements sizes all with different aspect ratio’s, all of our images are shot to the aspect ratios of 3:2 and 4:3 which are ideal for most popular enlargement options. However, on some of the enlargement sizes offered image cropping may/will occur. Please ask for advice before ordering enlargements.
Postage and Packaging
7.1 The post and packaging for most items is included in the cost however, larger items may incur an additional charge. Please enquire at the time of placing your order.
8.1 Kim Byrne Photography shall be granted creative and artistic licence in relation to the choice of locations and poses used. Kim Byrne Photography’s judgement on photographic style and the number of photographs taken shall be deemed correct. Some photographs may not be possible due to changes of the weather and the availability and willingness of subjects. Kim Byrne Photography will do their best to honour requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement.
9.1 The Copyright, Designs, and Patents Act 1988 assigns copyright to Kim Byrne Photography, unless at the time of booking a release is negotiated. By purchasing images in either print or digitally you are purchasing the right to the image, not the copyright and therefore have no rights to reproduce the image in or on any medium. You may not copy the photographs taken under this contact, or allow copies to be made photographically, electronically, or by any other means. This is a standard condition for professional photographers. Please also see our full Copyright Notice
10.1 All digital negatives (computer files) remain the property of the photographer. On occasion, the photographer may supply a copy of the edited digital negatives to the client(s) for their own non-commercial use.
11.1 In the unlikely event of total photographic failure, injury or sickness beyond Kim Byrne Photography’s control, their liability shall be limited to a full refund of all monies paid. Your statutory rights are not affected. Kim Byrne Photography has full Public Liability and Professional Indemnity Insurance.
12.1 If Kim Byrne Photography has to cancel the appointment for reasons beyond their control (death, injury, sickness, etc.), their liability shall be limited to a full refund of all monies paid. If the Client cancels the appointment an unconditional refund policy exists up until 7 days prior to the reserved slot at which point the full Booking Fee will be retained by Kim Byrne Photography.
13.1 Should the cancelled appointment turn out to be a postponement, then, subject to Kim Byrne Photography’s availability, all monies paid may be applied to the new appointment. In this case, the total fees chargeable shall be the fee which applies at that time. In the event that Kim Byrne Photography take another appointment for your cancelled or postponed date, a full unconditional refund of your deposit and monies paid shall be made. If, following cancellation by the client, a new date cannot be agreed by both parties, the full booking fee will be retained by Kim Byrne Photography.
Postponement Due To Adverse Weather
14.1 If the appointment has to be cancelled by Kim Byrne Photography due to adverse weather conditions a new, mutually agreed appointment will be made. However, if the Client would like a Booking Fee refund, this will be granted.
15.1 Any directions issued to clients, their guests or employees during a photographic shoot/event are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
16.1 Please address any complaints to Kim Byrne Photography by email or writing as per my contact details. I will endeavour to respond to any complaint within 5 working days of receipt.
17.1 These Terms and Conditions shall be governed and construed in accordance with the Laws of England and Wales.