Terms and conditions
Definitions
Booking Form - a booking form signed by you further detailing the Photo Service.
Photo - any photograph, transparency, negative, design, artwork, painting, engraving, digital image file or any other item which may be offered for the purpose of reproduction taken by Nicky Broadhurst Photography.
Photographer - Nicky Broadhurst acting on behalf of Nicky Broadhurst Photography.
Photo Service - the event or series of events during which Nicky Broadhurst Photography shall provide photographic services to you.
Reproduction - any form of publication or copying of the whole or part of any Photo whether altered or not and whether by printing, photography, slide projection (whether to an audience or not), xerography, electronic or mechanical reproduction or storage, or for any use as artist's reference or illustration, or in a layout or presentation.
Session Fee - a fee taken for our Photo Services.
Supplier - any 3rd party company chosen by Nicky Broadhurst Photography to print and manufacture the products offered for sale
Booking Details
The terms set out on the booking form constitute the total agreement made between the parties. No variation or modification of this contract shall be effective unless agreed by both parties in writing.
Ownership and Copyright
The copyright and all other rights in the Photos shall be retained by Nicky Broadhurst Photography. Any unauthorised reproduction of any Photo will constitute a breach of copyright.
Nicky Broadhurst Photography asserts the right to be credited as the author of the Photos in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988.
Photo Service, Supply and Re-use
While the client’s requests for particular images will always be considered, the Photographer’s judgement regarding the locations, poses and number of images taken shall be final. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all images requested.
Although the Photographer will do her best to produce more images than discussed with the client, there is no guarantee that any particular number of images will be produced. The Photographer will (as a minimum) perform a standard amount of retouching to take the photographs to a quality which she considers to be appropriate. All images presented to the client are FINAL SELECTION, any other images will not have passed our quality control and therefore will not be processed or released to the client. Nicky Broadhurst Photography whilst making all efforts possible can not guarantee exact colour matching, due to variations to light and or location, or by the clients choice of print lab.
Images will be supplied in the format(s) specified on the Booking Form. When supplied in digital format, Nicky Broadhurst Photography allows the client to store/share/copy/print all images for personal use only, subject to no commercial or financial gain.
The client hereby allows Nicky Broadhurst Photography to display any Photo in their studios, portfolios, literature and direct/indirect advertising; and to enter any Photo into a photographic competition. No use of the images will be made by Nicky Broadhurst Photography for other commercial reason except with the written permission of the client.
Images which include children under the age of 18 will not be used for any reason other than in the private gallery associated with the photoshoot without written permission from the child's parent or guardian.
It is the responsibility of the client to make sure any permissions are in place.
Health & Safety
The client is responsible for the safety of any person, particularly children, or animal present at the photo session. The client must ensure that a responsible adult, other than the photographer, is present at all times supervising the children and / or animals.
Nicky Broadhurst excepts no responsibility for injury to horse, rider or property or any individual before during or after the event. If you choose to ride/handle your horse without a riding hat, boots or other safety equipment you do so at your own risk.
The welfare of the animals in the photoshoot's remains of highest concern. Any photoshoot will be suspended or stopped if the animal shows signs of unease or discomfort, physical or emotional. If stopped rebooking will be at the discretion of the photographer
Payment
A deposit of 50% must be paid to confirm the date of the photoshoot, the remainder of the session fee must be paid in full prior to the photoshoot. If the remaining session fee is not received Nicky Broadhurst Photography may cancel the photoshoot.
The client may cancel the photoshoot up to 10 days prior to the arranged date of the photoshoot giving notice to Nicky Broadhurst Photography. After this time the client shall forfeit the 50% deposit.
The 50% deposit may be refunded under exceptional circumstances at the discretion of Nicky Broadhurst Photography.
No products will be ordered from 3rd party suppliers until full payment has been received by Nicky Broadhurst Photography.
Once an order has been placed with the supplier it can not be cancelled, amended or refunded.
The £50 credit included in some photoshoot session fee is only redeemable against Wall Art on the Nicky Broadhurst Photography Product List.
Force Majeure or Act of God
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.
Limitation of Liability
In the unlikely event that the Photographer is unable to deliver a photo session on an agreed date due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of Nicky Broadhurst Photography, then we will make every effort to rearrange the Photo Service. If a suitable replacement date cannot be agreed, responsibility and liability is limited to the return of all payments received for the Photo Service.
In the unlikely event that digital files are lost, stolen, or destroyed for reasons beyond Nicky Broadhurst Photography’s control, including but not limited to camera, hard drive or equipment malfunction, Nicky Broadhurst Photography’s liability is limited to the return of all payments received for the Photo Service. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. Nicky Broadhurst Photography is not liable for the loss of images once the Photo Service has been delivered.
Complaints
Any complaints should be raised by the client with Nicky Broadhurst Photography, in writing, within 28 days of first becoming aware of the matter to be complained of and in any event within 28 days of receipt of the Photos.
Client Confidentiality:
Nicky Broadhurst Photography will keep confidential and will not disclose to any third parties or make use of information communicated to them in confidence for the purposes of the Photo Service, save as may be reasonably necessary to enable Nicky Broadhurst Photography to carry out their obligations in relation to the commission.
General
If any provision of this Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
A person who is not a party to this Agreement shall not have any rights under or in connection with it.
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of England and Wales.