Terms and Conditions
In this agreement, the terms (a) image includes a digital image, digital scan, photograph, design, artwork, painting, montage, drawing, engraving or any other item which may be offered for the purposes of reproduction: (b) reproduction includes any form of publication or copying of the whole or part of any image and whether or not altered by printing, photography, slide projection (whether or not to an audience), xerography, artist's reference, artist's illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means (c) the Client is the person to whom the invoice is addressed (whether or not the Client is acting for a third party).
(a) The entire copyright in the images is retained by Helen Spiegl Photography at all times throughout the world.
(b) Helen Spiegl Photography supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those images in a given context. No property or copyright in any images shall pass to the Client on its submission, or on Helen Spiegl Photography grant of reproduction rights in respect thereof.
(c) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.
(d) Helen Spiegl Photography also claims the moral rights to be recognised as the creator of the images.
(a) The Licence to Use comes into effect from the date of payment of the relevant order(s). No use may be made of the images before payment in full of the relevant order(s) without the express permission of Helen Spiegl Photography.
(b) Reproduction rights granted are personal to the Client and may not be assigned, nor may any image submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights.
(c) Helen Spiegl Photography reserves the right to refuse supply or grant a reproduction licence to a third party when requested to do so by the Client.
(d) Reproduction rights are not issued exclusively to the Client except when specified on the invoice.
(e) Permission to use the images for purposes outside the terms of the Licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use.
(f) Unless otherwise agreed in writing, all further Licences in respect of the images will be subject to these Terms and Conditions.
4. Client Confidentiality
(a) Helen Spiegl Photography will only keep confidential information to inform past clients of any offers and will not disclose to any third parties. You may opt out of receiving offer emails at any time.
(b) They will, however, be able to make use of images for the purposes of the website, competitions and advertising, save as may be reasonably necessary to enable Helen Spiegl Photography to carry out their obligations in relation to the commission.
(a) While Helen Spiegl Photography takes all reasonable care in the performance of this agreement generally, they shall not be liable for any loss or damage suffered by the Client or by any third party arising from use or reproduction of any image or its caption.
(b) The Client agrees to indemnify Helen Spiegl Photography in respect of any claims or damages or any costs arsing in any manner from the reproduction without proper reproduction rights of any image supplied to the Client by Helen Spiegl Photography.
(c) It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Helen Spiegl Photography gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any image. In the event that the image issued or reproduced by or with the authority of the Client then the Client shall indemnify Helen Spiegl Photography against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
(a) A reservation fee of £35 is required to book your session time. Equestrian or location shoots require a booking reservation fee of £50. This is refunded at the viewing appointment, provided appointments (including the viewing appointment) have not been missed. The viewing appointment must take place within three months of the shoot
(b) Mileage may be charged for location sessions over 10km from the studio postcode. .
(c) Payment terms are strictly on booking of the photo session by bank transfer, debit or credit card or by cash. Wall products, albums, digital images or other products will be charged per the current price list on the day of ordering.
(d) If payment is not made in accordance with (a) above then Helen Spiegl Photography will not fulfil your booking or order.
(e) Due to the nature of digital images, the client will not be eligible for any refund once the files have been provided.
(a) There is no right to reject on the basis of style, composition or editing.
8. Cancellation and Postponement
(a) Once the Client has made a booking for a specific time and date, Helen Spiegl Photography will not accept any other work from other clients for those times and dates.
(b) As a result, once a booking is made for a portrait session, occasion or event, if it is subsequently cancelled, the booking fee will still be charged to the Client according to the following schedule.
(c) Helen Spiegl Photography will allow postponements as long as the session is re-booked within a 30 day period and that notice is received no less than 48 hours (or two working days) of the appointment. Helen Spiegl Photography reserves the right to withhold the booking fee should inadequate notice be given.
(a) Any sessions won in competitions are subject to a booking reservation fee to reserve the session slot. (£35 studio session, £50 location session) It is refunded at the viewing session provided no appointments are missed including the viewing appointment. The prize winner will be liable for mileage at 45p/mile for locations further than a 15km radius from the studio postcode.
(b) Any photographic products won in competitions may only be claimed providing the winner attends both photographic session and viewing appointments.
(c) Prizes are not transferrable
(d) No cash alternative and cannot be used against any other products
(e) Only one competition prize may be claimed per household.
(f) Anyone who earns any income (whether full or part-time) from photography is deemed professional and therefore not eligible to enter our competitions.
(a) Every effort will be made to archive purchased items. However, Helen Spiegl Photography makes no warranty about the nature of its archive past the date of first delivery of final images. Clients should treat any delivered digital files carefully and we recommend that you make at least two copies, one being on the cloud for the duration of the licence.
(a) The Client hereby allows the photographer to display any of the images taken under this contract in their studio, portfolio, on social media, for advertising, promotional material or upon entering industry competitions.
12. Applicable Law
(a) This Agreement shall be governed by the laws of England and Wales.
(a) These Terms and Conditions shall not be varied except by agreement in writing.
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