Photography Agreement

THIS AGREEMENT (the "Agreement") is made as of [Date of Session], by and between:
(1) Photographer: Barbara Obsitos, of [Photographer's Address] (the "Photographer"); and
(2) Client Details [Client's Name], of [Client's Address] (the "Client")

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1. Interpretation

The following definitions and rules of interpretation apply in these Conditions.

1.1. Definitions

Additional Charges: means additional charges incurred including but not limited to travel expenses and additional hours which shall be agreed upon in advance between the Photographer and the Client.

Booking Retainer: The £50 non-refundable payment payable by the Client under clause 5.2 to secure the agreed session date. The Booking Retainer is credited towards the total Fees payable by the Client.

Fees: The total fee payable by the Client to the Photographer for the Services, as confirmed during booking communications and set out in clause 5.

Force Majeure Event means an event, or a series of related events, that is outside the reasonable control of the party affected (including power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars).

Images: means photographic material, whether still or moving, created by Photographer pursuant to this Agreement and includes, but is not limited to, transparencies, negatives, prints or digital files, captured, recorded, stored or delivered in any type of analogue, photographic, optical, electronic, magnetic, digital or any other medium.

Personal Data means ‘personal data’ as defined in the Data Protection Act 2018.

Privacy Laws means the Data Protection Act 2018.

The Photographer agrees to provide the above outlined photography services (Service Type).

 

1.2. Interpretation

(a) A reference to legislation or a legislative provision:

(i) is a reference to it as it is in force as at the date of this Contract; and

(ii) shall include all subordinate legislation made as at the date of this Contract under that legislation or legislative provision.

(b) Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

(c) A reference to writing or written includes email and text messages on any platform.

 

2. Commencement and term

The Contract shall commence on the date when signed by both parties and shall continue until the Services have been fully completed.

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3. Supply of Services​​

1. The Photographer agrees to provide the Services at the ‘Location’ specified by the Client, on ‘Date and Time’ agreed upon by both parties.

2. As part of the Services, the Photographer shall create images and provide deliverables as specified in clause 3.1, in accordance with the terms of this Agreement.

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4. Deliverables

1. The Photographer agrees to provide a minimum of 80 proofs for the Client to view after the shoot. The client understands that this may vary depending on length of shoot.

2. The Client shall receive photos online for personal use.

3. The photographer agrees to produce the requested photographs subject to the weather conditions, time permitting [and willingness of guests if any]. The Photographer shall not be held accountable if specific photos are not achieved.

4. After the event/session, the Photographer shall perform post-processing or digital image editing services where necessary and up to Photography style. All images are edited the same way, the Client must understand if they are choosing BBOS Photography, they confirm their satisfaction with the Photographer's final editing. 

5. Proofing Gallery and Image Selection: The Client’s online proofing gallery will remain available for 30 calendar days from the date on which the gallery link and login details are issued.The Client must submit their final image selection through the online gallery and confirm the selection in writing before the expiry date.If the Client has not confirmed their final selection or requested that the gallery be closed by the expiry date, the gallery will automatically remain available on a rolling weekly basis. A gallery extension fee of £10 will be charged for each additional week or part of a week until: (a) the Client confirms their final image selection in writing; or (b) the Client asks the Photographer in writing to close the gallery.The Client may stop the weekly extension at any time by contacting the Photographer in writing. Any gallery extension fees already incurred will remain payable and must be paid, together with any other outstanding balance, before editing begins.The Photographer will send the Client a reminder before the original gallery expiry date, explaining how to confirm their final selection, close the gallery or continue with the paid extension.

6. No excessive skin editing is included in the editing process such as make up changes, hair corrections/replacements, background swaps, or any alterations other than general corrections to the pictures such as (but not limited to) lighting, contrast, sharpness, colours and light skin smoothing. Visible skin peeling of babies will be removed. 

7. The final photographs will be delivered within three weeks after the Client has confirmed their final image selection and paid for any additional images, gallery extension fees and other outstanding charges.

8. The final images shall be delivered to the Client are of the discretion of the Photographer.

9. No raw/unedited pictures are provided, unless purchased for the whole gallery for £300.

10. The Photographer shall not be responsible for photographs which could not be taken as the result of the Client's failure to provide reasonable cooperation including and not limited to clients’/guests’ late arrival on the day or an unsettled baby.

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5.Payment

1. The Client agrees to pay the Photographer the total fee confirmed during booking communications for the Services provided.

2. A £50 Booking Retainer, together with any agreed travel charge, is payable upon signing this Agreement. The booking is not confirmed until both the signed Agreement and Booking Retainer have been received. The Booking Retainer will be credited towards the total Fees payable by the Client.

3. The remaining balance is payable on the date of the photography session, unless otherwise agreed in writing.

4. Any Additional Charges must be agreed in advance and will be added to the final invoice.

5. The Booking Retainer is non-refundable if the Client cancels the session. It covers the reservation of the agreed session date and the administration and preparation involved in arranging the session.

6. If the Photographer cancels the session, the Client will be offered either a transfer to a new date or a full refund of all payments made.

7. The Photographer may issue a formal invoice to the Client following agreement of the Services. The Client agrees to settle all outstanding Fees by the due dates set out in clauses 5.2 to 5.4.

8. In the event that the Client arrives late or otherwise delays the scheduled session, additional time beyond the agreed session duration will be subject to an overtime fee of £30 for every commenced 30-minute period. The Photographer is not obliged to extend the session, and any extension is at the Photographer’s discretion.

 

6. Cancellation and Rescheduling

1. If the Client cancels the photography session, the Booking Retainer is non-refundable.

2. If the Client needs to reschedule, at least 72 hours’ notice is required for the Booking Retainer to be transferred once to a new appointment date, subject to the Photographer’s availability.

3. If less than 72 hours’ notice is given, or if the Client wishes to reschedule for a second time, the Booking Retainer will be forfeited. A new Booking Retainer will be required to secure any new appointment date.

4. For outdoor sessions, where unsuitable weather conditions such as heavy rain or a storm prevent the session from taking place, the Photographer will offer one alternative date without charge, subject to availability. This weather-related reschedule will not count as the Client’s one permitted reschedule. Cloudy, cold or windy weather alone will not normally be considered unsuitable unless it presents a safety concern or materially prevents the session from taking place.

5. In the event of a no-show, where the Photographer has arrived but the Client has not, the session will be cancelled after a 20-minute waiting period and the full session fee will become due.

 

7. Photographer’s Obligations

1. The Photographer agrees to perform the Services with reasonable due care, skill, and diligence.

2. The Photographer will provide all necessary photography equipment.

3. The Photographer will have backup equipment available in case of technical failures, however this may result in the session being moved to a different day (except Event Photography). 

4. Children and Cooperation During Session
   The Photographer will make every reasonable effort to capture desired images; however, the Client acknowledges that the cooperation of babies and children cannot be guaranteed. If the desired photographs are not achieved due to lack of cooperation, the session may be repeated at 50% of the original session fee, plus any applicable full travel charges. The decision to offer a repeat session is at the Photographer’s discretion and subject to availability.

 

8. Client’s Obligations

1. The Client shall:

2. assist and cooperate with Photographer in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed, taking time to pose for photographs at the Photographer's direction and/or pre-shoot consultations;

3. be punctual and ensure that all subjects are ready at the agreed time and location;

4. ensure that all required consents have been obtained prior to performance of the Services, including any consents required for the performance of Services and the delivery of Services provided by the Photographer and, as applicable, from venues where the Services are to be performed [or from attendees of the party]; and

5. cooperate and follow the Photographer’s instructions to achieve the best results.

6. advise the Photographer of any changes/dislikes to the set-up, outfits or poses on the session to be corrected.

7. Provide Parking or Permit on Estate, if Client fails to provide parking, any parking charges above the threshold of £10 will need to be covered by Client. 

8. If the Client directs the Photographer to park in a restricted area at the session location and this results in a parking fine, the Client will be responsible for the cost of that fine. This does not apply where the Photographer has independently chosen to park in a restricted area. Where paid parking is required, the Photographer will purchase the appropriate parking ticket or permit.

9. The Client must complete the session planner at least 48 hours before the scheduled session. This allows sufficient time for the Photographer to prepare the selected props, outfits and set-ups. If the planner is not completed by this deadline, the Photographer will plan and style the session using their professional judgement and any preferences received in time. The Photographer cannot guarantee the availability of late requests, additional props or changes made after the deadline.

 

9. Artistic License​​

The Photographer shall be granted full artistic license regarding the poses photographed and the locations used. The Photographer will comply with the Client’s requests, however, shall not be not required to recreate specific images or poses provided by the Client.

 

10. Ownership and Usage Rights

1.  The Photographer shall retain the copyright of all photographs taken during the session.

2. The Photographer will not publish identifiable Images from the Session on their website, social media accounts, portfolio, advertising, printed promotional materials or competition entries unless the Client has to the Publication Consent. Providing consent is entirely optional and is not a condition of booking or receiving the Services. Refusing consent will not affect the Client’s photography session, package, pricing, image selection or service.

3. The Client is hereby granted a non-exclusive, non-transferable license to use the photographs for personal use only. Commercial use is not permitted without the Photographer’s prior written consent.

4. The Client agrees to credit the Photographer whenever the photographs are published online or in print.

5. The use of unedited/proof/raw images are strictly forbidden.

6. The Client shall download their final edited digital photographs within the expiry period shown on the final delivery gallery, which is normally 14 calendar days. Maintenance of the images thereafter is solely the Client's responsibility and shall not be requested from the Photographer at a later date.

 

11. Liability​​

The Photographer shall not be liable for any direct or indirect loss or damage suffered by the Client or any third party arising from the provision of the Services, except for any loss or damage caused by the Photographer’s negligence.

 

12. Indemnity​​

The Client agrees to indemnify and hold harmless the Photographer against any claims, damages, liabilities, and costs arising from any breach of this Agreement by the Client.

 

13. Force Majeure​​

If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under the Agreement, that obligation will be suspended for the duration of the Force Majeure Event.

 

14. Notices​​

Any amendments or modifications to this Agreement must be made in writing and signed by both parties.

 

15. Waiver​​

No waiver by the Photographer or any breach or obligation of the Client pursuant to the Agreement shall constitute a waiver of any other prior to subsequent breach or obligation.

 

16. Data Protection​​

To the extent that either party process any personal data under the Contract, each party shall comply with its respective obligations under the data protection legislation. 

 

17. Confidentiality

1. Each party undertakes that it shall not at any time during the term of the Agreement and for a period of twelve months after termination or expiry of the Agreement, disclose to any person any confidential information concerning the business, customers, clients, or suppliers of the other party.

2. Each party may disclose the other party’s confidential information as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

 

18. Variation

1. Except as set out in these conditions, no variation of the Agreement shall be effective  unless it is agreed in writing and signed by the parties.

2. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

 

19. Refer a Friend Programme  

1. Existing clients can recommend BBOS Photography to friends and family. When they book, you'll both receive £20 off.

2. The referral must be declared by the new client before or at the time of booking. Referrals cannot be applied retrospectively.

3. The referring client's £20 discount is valid for 12 months from the date the new client's booking is confirmed.

4. There is no limit to the number of friends or family members you can refer.

5. Referral discounts cannot be exchanged for cash, transferred to another person, or applied to existing bookings.

6. The Photographer reserves the right to amend, suspend, or withdraw the referral programme at any time without prior notice.

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20. Governing Law

1. The Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

2. The Photographer and the Client hereby irrevocably agree that the courts of England and   Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Agreement or its subject matter or formation.

 

21. Third Party Rights​​

The parties to this agreement do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.

 

22. Entire Agreement​​

This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, agreements, or understandings of any kind.

 

The parties have executed this Agreement as of the date first above written.