MARTYN RICE PHOTOGRAPHY

TERMS OF SERVICE


  • Martyn Rice Photography, hereinafter referred to as ‘Photographer’
  • Client, hereinafter referred to as ‘Client’ or 'Clients'
  • Your photographing Session day and editing, hereinafter referred to as ‘Service(s)’ or ‘Session(s)’
  • Released Images and draft images viewed on www.martynrice.co.uk, hereinafter referred to as ‘Content’, ‘Images’ or ‘Image’


(These terms and conditions cover a spectrum of eventualities in providing photography services to all types of Sessions. Please do not hesitate to ask for clarification on any details)


TERMS OF SERVICES

  • Unless otherwise specified, it is understood that all Content remains the copyrighted intellectual property of Martyn Rice Photography. If the Photographer cannot perform Services in whole due to a cause beyond the control of either party, changing of details due to unforeseen circumstance that no longer fit with the originally agreed terms, or due to the Photographer’s illness or injury, then the Photographer will return all fees to the Client, but shall have no further liability
  • The Photographer will reserve the time agreed upon and will not make another reservation for the specific time
  • You must be at least 18 years of age to be eligible to receive Martyn Rice Photography Services. Persons under 18 years of age or vulnerable adults partaking as Commercial Models for the subject matter of the services, must be supervised by their responsible parent/guardian or carer for the entirety of the Services


DAY OF SESSION

  • Client agrees that the subject for photographing will be in place and ready on time. If there is a substantial delay in starting, time could potentially be taken from Clients Session or charged under extra time herein, at the sole discretion of the Photographer
  • Bystanders are welcome, so long as they do not cause interference or distraction to the Photographer, their staff, collaborators, equipment or subject for photographing
  • Sessions where the Client isn’t attending, but the subject (small products with no Commercial Models partaking) for photographing are being sent or collected to or by the Photographer, these terms are at the sole discretion of the Photographer


PRODUCTS FOR PHOTOGRAPHING

What you’d like to happen with the products after the Services are complete

  • Returned (arranged by the Client and also suits the Photographers availability)
  • Donated/discarded at the sole discretion of the Photographer


  • If the Photographer is unable to obtain an answer from the Client as to what they would wish to happen with their products within 14 days of asking, the products will be considered donated/discarded and property of the Photographer


PROPS

  • Please make the Photographer aware if the Client wishes to have their products photographed with props (supplied by the Client)
  • How many props
  • The props sizes
  • Needing returned (arranged by the Client and also suits the Photographers availability of sending)
  • Agree for them to be donated/discarded/sold (including and by the Photographer, now claiming property of those items or can be used in their future work)


  • Props bearing brand names or any distinctive, recognisable designs, features or information associated with a Client, shall not be reused by the Photographer
  • If the Photographer is unable to obtain an answer from the Client as to what they would wish to happen with their props within 14 days of asking, the props will be considered donated/discarded/sold and property of the Photographer


WEATHER / SESSION CHANGES / LOCATIONS

  • Clients are able to cancel their Session date and time due to unforeseen weather or unrelated personal Client issues, and reschedule so long as it’s suitable for the Photographer - the original Session details are still in place
  • All Sessions have one location, unless otherwise specified to the Photographer at the point of booking


EDITING

  • Images will go through a compulsory complete editing process and saved in JPEG and TIFF file format as default
  • One additional minor editing revision per image, but any extra retouching after, may be subject to separate charges per image revision
  • As much as the Photographer wants to deliver images to the Clients expectations, the Photographer will not deviate away from producing work which they don’t deem to be their style or represent them as an artist
  • Editing does not include physically changing shapes, removing substantially sized objects or adding graphics or text
  • All final editing is at the sole discretion of the Photographer


RAW AND NON RELEASED IMAGES

  • Client will never receive RAW Images. Client is purchasing the usage of ‘Released Images’ in accordance to this agreement; delivered final edited Images on USB drive
  • Non Released Images (online versions visible only by the Client) are for viewing purposes only
  • Non Released Images can be used for draft usage by the Client in-house marketing and design team
  • The Photographer will typically take more RAW Images over the course of the Sessions than are Released, and it's at the Photographers discretion to which Images make it through to the Non Released Images online versions visible only by the Client and editing stage


CLIENT IMAGE USAGE

  • Released Images can be duplicated by the Client, i.e. gifts, giveaways, free merchandise, but under no circumstance sold as printed or digitally individual or collective, for profit on any material. Clients property or Commercial Models photographed during Clients Session, doesn’t grant them intellectual property copyright to take any version of Images and use
  • The Client is only purchasing the Photographers Services and their Image Usage License regarding the Images produced from their Session
  • Client does not have the right to sub-license or sell Released Images
  • ‘Small JPEG’ (from USB drive and Clients private proof gallery on www.martynrice.co.uk) Released Images can not be re-edited by anyone, including the Photographer, as the resolution of the Images will not be editable quality. Full resolution Released Images in any format can be edited for aspect ratio, cropping or adding content and text for the purpose of printed and digital marketing or product packaging
  • The Photographer would appreciate links and photos of where the Released Images are being used, to add to their portfolio


IMAGE USAGE BY PHOTOGRAPHER

  • The Photographer indefinitely has the copyrighted intellectual property right to all content produced regarding their Services (Released or Non Released), and can use in their portfolio and marketing, but will not discredit the Client or sell licences of said images to stock image companies
  • Photographer has the right to use Clients published printed and digital marketing material and product packaging in their portfolio, where the Released Images is being used


DEPOSITS & PAYMENT

  • No deposit payment is required before the Session date
  • Payment for Services will be due within 14 days after the Service end date (when the USB drive is delivered to the Client)


DELIVERY AND FINALISATION

  • Clients should be aware to allow up to 14 days from the date of their Session for Released Images to be dispatched (recorded delivery) on USB flash drive with Usage Licence Letter. If the Client requires the Images delivered by a specific deadline, this should be made aware to the Photographer at the point of booking
  • Deadlines can be changed, however they will need to be approved by the Photographer


REFUNDS

  • If the Client is not satisfied with their Released Images, the Photographer with integrity will try to rectify any issues
  • The Client may be refunded up to 50% of the full Session amount, if an issue originates from the Photographer
  • If the Session was completed in accordance with the Terms of Service, but the Client choose to have their Session redone, it will be classed as a new Session and the Client will need to book a new Session
  • In the event of an emergency, equipment failure or other unforeseen circumstance which originates from the Photographer, the Photographer will return any payment up to that point, and claims no further liability


CLIENT CANCELLATION

Arbitrary cancellations at any point from the Client booking their Session, no refunds will be given or Images Released delivered

  • If a Client cancels after a full payment and Images are in the editing process, the Photographer will not refund or release any Images
  • If Images are in the editing process, the Client chooses to cancel Services and hasn’t paid the full payment, the Client will still need to complete their Session payment
  • Terms of Services (specifically Image Usage By Photographer) still apply in the event of Client cancellation - if Client downloads (copies) Images from Photographers website or social media, this will breach these Terms of Service and be considered theft


PHOTOGRAPHER CANCELLATION / REFUSAL OF SERVICES

  • The Photographer has the right to cancel or decline to continue a Clients Session at any point (including before booking), if the Client is disrespectful, verbally or physically abusive or threatening
  • The Photographer will not refund any payments up to that point, and claim no further liability
  • Regardless of whether the Client decides to use the Content produced from their Session or not, the Photographer has still provided the Service, which the monetary balance needs to be completed
  • If the Client has any outstanding balance payment, these will need paying within 14 days


WAIVER & INDEMNIFICATION

  • Client shall indemnify, and hold harmless, the Photographer from any and all claims for damages arising out of the performance of any of the Services contemplated by these Terms of Services, with the exception of intentional illegal activity


CLIENT IMAGE UASAGE LICENCE

  • Client will receive their Image Usage Licence in writing, along with their Released Images on a USB drive


BREAKS

  • The Photographer reserves the right to a minimum 30 minute rest break or two 15 minute rest breaks, if the Session requires six hours, at the sole discretion of the Photographer
  • The Photographer retains the right to decide if and when they take their breaks


It is advised that a Client reads and prints a copy of these Terms of Service for their own records.


Martyn Rice - Photography reserves the right to amend their Terms of Services at any time.