Terms & Conditions
It is mutually agreed that the following terms and conditions form an integral part of this contract/invoice and that no variation or modification of this contract shall be effective unless accepted by Sarah Tate photography (also called “the Photographer” or “the Photographers”) in writing.
Copyright • The 1988 Copyright Act assigns the copyright to the Photographer. It is contrary to the Act to copy, publish, reproduce or store images electronically, unless the express permission of Sarah Tate photography has been purchased. If permission is granted, then transfer of the copyright commences only once payment for the copyright has been made in full.
The Client may not (either personally or via a third party) 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.
Display • The Photographer reserves the right for any photograph created during sessions to be displayed in the studio, portfolio, or in any other advertising directly associated with Sarah Tate photography.
Force Majeure • Every effort will be made to carry out the contract but its due performance is subject to alteration or cancellation by the Photographers owing to any cause beyond their control (eg acts of God, change in legislation, floods, fire, computer failure, etc). In the unlikely event of total photographic failure or cancellation of this contract by the Photographers, liability shall be limited to a full refund of all monies paid.
Law • These Terms and Conditions shall be governed and construed in accordance with the Laws of England.
Liability • The Photographers shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or for any loss to our customers arising from delay in transit. Where work is defective for any reason, including negligence, our liability (if any) shall be limited to rectifying such defect.
Licence • The Photographers shall be granted artistic licence in relation to the poses photographed, the location used and digital retouching. The Photographers’ judgement regarding the locations, poses and number of photographs taken shall deemed to be correct.
Photographs • All photograph sizes are nominal. The Photographer will provide a pleasing colour balance but cannot guarantee exact colour matching. In the case of part mono/part colour images, the colours used will be subject to the photographer’s artistic interpretation and will be deemed to be correct.
All photographs supplied by Sarah Tate photography are produced to the highest standards using the best quality materials and latest processing techniques. However, all photographs will, in time, fade. This is particularly true if they are left in bright sunlight and are not behind glass. Sarah Tate photography cannot accept any responsibility for this gradual image deterioration.
All pictures purchased are presumed to have been received in good condition unless the Client notifies Sarah Tate photography in writing of any discrepancy or error within 14 days of receipt.
Payment • In advance unless otherwise agreed by the Photographers.
Prices • All services and/or goods are supplied at the current prices ruling at the time of supply and are subject to change without prior notice.
Reprint Orders • All re-orders shall be treated as an extension of this contract. No responsibility for error will be accepted unless orders are given in writing.
Refund Policy • We will not refund, nor accept the return of/refusal to pay charges for, any technically acceptable photograph supplied either in print or in electronic format. No exception can be made as we cannot be held responsible for individual tastes or exceptions.
Retouching • Retouching and artist finishing is available as an optional extra.
Storage of Images • Original digital images are kept on an active file for three months, after which time they will be deleted unless expressly stated otherwise by the Photographer.
The Photographer reserves the right to amend these Terms and Conditions without prior notice.
Data Protection • In compliance with the Data Protection Act 1998, personal data supplied to the Photographer may be stored for future use. This data will only be used to inform you of future opportunities and to be kept up to date and will only be held as long as is necessary. The Photographer will take all necessary steps to ensure the information is held and used in accordance with the above Act. However, should you not wish the data to be stored and/or removed please contact the Data Base Manager at the address listed on this contract/invoice.