Portrait Terms and Conditions

TERMS AND CONDITIONS
For the purpose of this document Martin J Patterson Photography Ltd shall be referred to as MJPP. The visitor to the site or the individual (whether representing an organisation or not) who orders an image or portrait shoot shall be referred to as THE CLIENT

1. APPLICABLE LAW.
a. The laws of England and Wales shall govern this agreement. These Terms and Conditions shall not be varied except by agreement in writing.
b. In the event of any conflict between these terms and conditions (including those relating to the time of payment) and those issued or submitted by the Client and in the absence of any contrary agreement in writing these Terms and Conditions shall prevail.

2. PRICES & PRICING
The charges for any portrait sessions, prints and/or frames are based on MJPP Ltd’s standard price list. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.

3. DEPOSIT/BOOKING FEE.
Deposit/Booking fees taken for portrait and boudoir sessions are non refundable except in the event MJPP cancels the booking.
Deposit payments may be made by THE CLIENT after the consultation/booking meeting. Any date agreed will be held for 7 days to allow the deposit to be paid by THE CLIENT, should the deposit not be settled within the 7 days the date/time will be void and rebooking will be required by THE CLIENT.

4. PAYMENT
Upon agreement of the terms and conditions and receipt of the deposit payment, MJPP will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the deposit is non-refundable. The deposit is applied towards the contracted portrait photography package. THE CLIENT agrees that the entire amount owed for the portrait photography package described in the contract is due at least 7 days before the agreed date. The deposit is for the reservation of the portrait shoot date agreed to at the time of booking. Non-receipt of the full balance by the due date will be deemed cancellation of the contract by THE CLIENT. All additional goods must be paid for in full on ordering. This includes extra prints, albums, special editing and rendering of images and any other services ordered after the event.

5. CANCELLATION
In the event that THE CLIENT cancels the contracted services for portrait photography outlined in this contract before the portrait shoot takes place, the deposit will be forfeited. If the event is cancelled within seven days of the agreed shoot date, the client shall pay the balance of the contract due to the high probability that MJPP will not be able to further book that date. In the event that MJPP cancels contracted services, he will be responsible for a full refund of payments rendered, including deposit, excluding fair market value for services rendered to THE CLIENT, and shall have no other liability.
All appointments/shoots that are cancelled due to an emergency may be rescheduled at MJPPs discretion. Rescheduling must be made by THE CLIENT within 14 days of cancellation or the deposit will be lost. If the second appointment/booking that has been agreed is cancelled for any reason, the deposit will be forfeited by THE CLIENT.
All notifications from THE CLIENT must be made in writing or by email to info@martinjpatterson.co.uk

6. CHANGE OF SHOOT DATE
The deposit paid to MJPP Ltd is for the reservation of the session date agreed to at the time of booking. If a change of date is necessary, the deposit is transferable provided that MJPP has not received any other inquiries for the new shoot date, and the request for date change is more than fourteen days from the initially agreed shoot date. All requests from THE CLIENT must be made in writing or by email to info@martinjpatterson.co.uk

7. FULFILLMENT OF OBLIGATIONS.
a. MJPP shall not be liable to THE CLIENT for any failure, in whole or in part, to fulfil its obligations where failure arises as a result of an event or circumstances beyond its control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury.
b. THE CLIENT understands and accepts that the photographic coverage will be as MJPP’s professional expertise determines. Special requests are not binding instructions although every effort is made to comply with the Client’s wishes..
c. In the unlikely event of total photographic failure or cancellation of the contract by either party or in any other circumstances the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential losses.

8. PREVIEWS/PROOFS
a. Although MJPP will do its best to produce more proofs than discussed with THE CLIENT there is no guarantee that any particular number of proofs will be produced.

9. ARTISTIC INPUT.
a. Save as otherwise agreed between THE CLIENT and MJPP, MJPP shall be entitled to use its judgment regarding the style and artistic input in the production of pictures. This includes but is not limited to locations, poses and number of images taken. Due to the vagaries of weather and the willingness of subjects it may not be possible to capture all the pictures requested, or images to the clients full expectations. In the event of uncooperative children at a session of any kind, for any reason, MJPP may not be able to capture any, or all the images THE CLIENT may have requested or expected. THE CLIENT is responsible for all children at all sessions.
b. MJPP fully edits all images before presenting to Client. Additional edits are carried out at the discretion of MJPP, and MJPP reserves the right to charge the Client for additional editing to cover time involved, at a rate of £15 per image. Any additional edit requests MUST be raised by THE CLIENT at the proofing stage. Requests not raised at proofing stage will not be considered once products have been ordered.

10. COPYRIGHT & REPRODUCTION.
a. Copyright is retained by Martin Patterson /MJPP at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of MJPP.
b. 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 with, another picture without MJPP’s written permission.
c. Permission to reproduce a picture is granted to THE CLIENT by MJPP only when a fee for the reproduction has been agreed with MJPP and an invoice has been issued by MJPP and paid in full by THE CLIENT to MJPP.
d. In the event of unauthorised reproduction or use, THE CLIENT shall pay by way of liquidated damages to MJPP an unauthorised use fee of £100 per image, or double the standard reproduction fee for the use concerned, whichever is the greater.
e. The right to reproduce a picture granted by MJPP is personal to THE CLIENT and may not be assigned to any third party without MJPP’s prior written consent.
f. THE CLIENT will fully indemnify MJPP against any unauthorised reproduction of a picture submitted to THE CLIENT made by any third party as a result of or arising out of any breach by THE CLIENT of any of these terms and conditions (including but not by way of limitation THE CLIENT allowing a picture or a copy thereof to come into the possession of a third party without MJPP’s prior written consent).
g. Martin Patterson asserts both his moral right to be identified as the author of his work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988
h. Unless otherwise agreed in writing if any picture reproduced by THE CLIENT omits the copyright notice or credit line specified by Martin Patterson/MJPP any fee payable by THE CLIENT shall be subject to an increase specified by MJPP, and in any event an increase of not less than 25%

11. IDENTIFICATION
a. While MJPP has taken reasonable care to correctly identify, caption and orientate the pictures, it does not accept any liability for loss or damage incurred by the Client or any third party caused by any errors.

12. RECEIPT OF PICTURES
a. The pictures are presumed to have been received in good condition unless the Client notifies MJPP in writing of any discrepancy or error within 14 days of receipt.

13. COOLING OFF PERIOD.
a. PORTRAIT SHOOT: After entering into a photography services contract MJPP will contact the Client by email (on the email address supplied by the Client) confirming details of the products and the contract. The Client will then have a "cooling off" of period of seven days, during which the Client has the right to cancel the contract without charge. The client may exercise that right by notifying MJPP by email at info@martinjpatterson.com or in writing to MJPP at the address shown in the footer of this document.
b. PRODUCTS: Because the supply of the photographs has been made to the Client’s personal specification, (i.e. image number, print size, frame style, etc.), the Client does not have the right to a cooling off period.
c. By placing an order with MJPP you are committing to buy the ordered products.

14. USE OF PICTURES.
a. MJPP retains the right in all cases to use the pictures in any manner at any time throughout the world for the purposes of sales, advertising or promotion, of its work.

15. MODEL RELEASE.
a. Unless specified in writing, MJPP makes no claim or warranty as to the existence or validity of connected therewith model or other releases in respect of the pictures or as regards the reproduction by the Client of any names or trade marks depicted in the pictures. It is the Client who must satisfy himself that all necessary rights, releases or consents required for reproduction have been obtained.

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.
IMAGES ARE KEPT FOR A TWELVE MONTH PERIOD AT THE DESCRETION OF MJPP.