Please read the following terms and conditions prior to booking a photoshoot. In making a photoshoot booking, you agree to these terms and conditions, which shall form part of the contract between Jessica Johnson Photography and The Client.
- Definitions
1.1. “The client” means the person who made the photoshoot booking, and all further parties who may attend the photoshoot. If the person who made the booking does not attend the photoshoot, then the attending parties will be asked to agree to these terms separately and will be herein referred to as “the client”. In the case of walk-ins, “the client” means the person responsible for the animals being photographed during the photoshoot.
1.2. “The photographer” means Jessica Johnson, owner of Jessica Johnson Photography, contactable on 07951589316 or info@jessicajohnson.co.uk.
1.3. “The photoshoot” means the individual and specific time slot/s agreed upon between the client and the photographer at the time of booking.
1.4. “The location” means the location of the photoshoot agreed upon between the client and the photographer at the time of booking.
2. Application
2.1. These terms apply to and form part of the contract between the client and the photographer, and set out the basis on which the photographer will provide their services to the client. They supersede any previously issued terms and conditions of purchase or supply.
2.2. Please read these terms carefully before you place your booking. If you think that there is an error in these terms, please contact the photographer to discuss.
2.3. No variation of these terms or to a booking shall be binding unless expressly agreed by the photographer in writing.
2.4. By booking a photoshoot with the photographer, the client agrees to be bound by these terms.
3. Contacting the photographer
3.1. The client can contact the photographer by telephone on 07951589316 or by writing to either; info@jessicajohnson.co.uk or jessica.johnson@colehill.co.uk.
3.2. If the photographer needs to contact the client, they will do so by telephone or by writing to the email address provided at the time of contact or booking.
3.3. “Writing” includes emails.
4. Payment
4.1. The client agrees to pay the photographer the full balance before the time of the photoshoot. Time of payment will be agreed upon at the time of booking. No photographs will be taken before the full balance has been paid. The photoshoot fee covers the time and talent of the photographer, basic retouching, and creative editing of images, as determined by the photographer, and images to be stored electronically. Additional editing is available at additional expense and at the discretion of the photographer. Additional costs incurred by the location will be paid for by the photographer but may result in an increase in the photoshoot fee. Any and all amendments to the photoshoot fee will be fully communicated and agreed upon between the client and the photographer a minimum of 48 hours prior to the photoshoot.
Service provision
5.1. The photographer reserves the right to end the photoshoot at any time due to illness, weather, equipment malfunction, or other circumstances beyond their control. The photographer reserves the right to end the photoshoot at any time as a result of illness or distress shown by the animal, or in the case of harsh handling methods.
5.2. Re-shoots are determined at the discretion of the photographer. Re-shoots and refunds will not be given for circumstances resulting from poor presentation of the photographic subject, nor by failure to follow the recommendations of the photographer.
5.3. The photographer shall not be liable for any failure to provide the full Service caused by:
5.3.1. The client’s failure to attend the location at the time agreed upon.
5.3.2. Force Majeure.
5.4. The photographer is not liable for any loss or damage howsoever caused which is not caused by the photographer.
5.5. The photographer is not liable for business losses.
5.6. Where car parking is necessary at the location, all vehicles and contents are left entirely at the client’s risk.
5.7. The photographer reserves the right to refuse service to anyone for any reason including, but not limited to, dirty, aggressive, or ill-behaved dogs which may cause damage to the photographer’s equipment.
6. The client’s obligations
6.1. The client accepts that they attend the photoshoot and the location at their own risk. The client understands that the photographer is not liable for any injury, illness, harm, distress, or other damages occurring at, or caused by, the photoshoot. The client must inform the photographer of any allergies or intolerances if using treats provided by the photographer.
6.2. The client will not cause any suffering or pain to any animals whilst attending the photoshoot and will comply with the Animal Welfare Act 2006.
6.3. The client agrees to attend only where themselves and their animal/s are fit and healthy, and not displaying any signs of ill health. The client agrees to contact the photographer if their animal/s are displaying any symptoms of ill health prior to the photoshoot, or if they develop any of the same following their photoshoot.
6.4. The client will not allow their animal/s, or any parties attending with them, to cause any damage to the location. Any damage caused must be reported to the photographer immediately.
6.5. The client will not do anything that is illegal or that may be or become a nuisance, annoyance, inconvenience or disturbance to the photographer or the owners of the location.
6.6. The client will supervise all animals and parties attending with them throughout the photoshoot.
6.7. The client agrees that if they fail to perform any of the obligations outlined herewith, or perform them without due care, and the photographer is caused a loss because of the client’s act or failure to act, the client will reimburse the photographer in full for all liabilities, costs, expenses, damages which are suffered or incurred by the photographer.
7. Archive
7.1. After six (6) months, all images will be purged from the photographer’s hard drive, except as needed for promotional purposes, to be determined by the photographer at the photographer’s sole discretion. The photographer is not responsible for loss or damage to the digital files due to circumstances beyond the photographer’s control.
8. Model Release
8.1. I hereby give the photographer the absolute and irrevocable right and permission with respect to the photographs that she has taken of myself and/or my animal/s or person/s I have brought to a photoshoot in which they may be included with others:
8.1.1. To copyright the same in the photographer’s name or any other name that she may select;
8.1.2. To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade, and;
8.2. I hereby release and discharge the photographer from all and any claims and demands ensuing from or in connection with the use of the photographs including any, and all, claims for libel and invasion of privacy.
8.3. The photographer reserves the right to use any material, including text and images sent to them or via their social media pages for the purposes of marketing.
9. Liability
9.1. The photographer is not responsible for any injuries inflicted upon any participating parties. The client will be responsible for their animals, themselves, and any other attending parties and release photographer from any claims against their person or their business.
10. Copyright & Penalty
10.1. The photographer retains all copyrights to all images created during the client’s photoshoot. The client may print digital files for personal use. These permissions do not allow publication of any product of the photoshoot (i.e. entering in contests), selling or altering of images created during the client’s photoshoot without the photographer’s written permission. It is illegal to copy, scan, alter, or otherwise steal any image created by the photographer during the client’s photoshoot. This applies to any and all digital images irrelevant of the format, or method of sharing. If the client steals images via any method listed above, or any other method, the client will be invoiced for the cost of each digital image the client has stolen, at photographer’s current price per digital file.
11. Re-scheduling and cancellation of bookings
11.1. The client may make amendments to their booking at least 24 hours prior to their original booking. The photographer shall not be obliged to make any such changes.
11.2. The client may not transfer their photoshoot booking to another party without contacting the photographer.
11.3. The photographer reserves the right to a) refuse admission or b) terminate an activity if the client, or any parties attending the photoshoot with the client, fail to adhere to these Terms.
12. Personal information
12.1. Personal information obtained for the purposes of booking will be collected, processed, and held in accordance with the General Data Protection Regulation.
12.2. The personal information provided to the photographer will be used to provide the services and to process payment for the services.
12.3. The client’s personal information will only be passed to third parties where the law requires the photographer to do so.
13. Governing law and jurisdiction
13.1. The Contract and any dispute or claim arising out of, or in connection with it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.
13.2. The parties irrevocably agree that the courts of England and Wales shall have jurisdiction to settle any dispute or claim arising out of, or in connection with, the Contract, its subject matter or formation (including non-contractual disputes or claims).
