Commissioned Photography and Reproduction of Photos from Amy Thomson Art

 

My clients are very important to me and for this reason I ask you read through my Terms and Conditions before booking your shoot. The below Terms and Conditions are to safeguard the Commissioning Client’s and the Photographer’s interests. By financially securing your deposit you agree to the following terms of contract.

1. DEFINITIONS:

• The “Commissioning Client” is the person booking the commission.

• The “Photo Shoot Client” is the person who is present and responsible on the day of the photo shoot.

• The “Photographer” is Amy Thomson or Amy Thomson Art.

• “Amy Thomson Art” is Amy Thomson and any assistant(s) she brings to a session.

• The “Photographs” and “Products” are the photographic materials created by the Photographer including prints, digital files, negatives, transparencies, artwork or any other form of physical or electronic material produced by the Photographer.

• A “Facebook Resolution” digital file is an electronic version of a photo at a resolution suitable for social media.

• An “A4 Printable Resolution” digital file is an electronic version of a photo at a resolution suitable for printing up to A4.

• A “Full Resolution” digital file is an electronic version of a photo at a resolution suitable for larger Reproduction.

• “Reproduction” includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, artist's reference, artist's illustration, layout or presentation, electronic or mechanical Reproduction or storage by any other means.

 

2. BOOKING, CANCELLATION AND POSTPONEMENT:

• Once the Commissioning Client has made a booking for a specific time and date, Amy Thomson Art will not accept any other work from other clients for those times and dates.

• Full payment secures the date and time of your booking. This is non-refundable; however, dates can be transferred with mutual agreement if:

  the weather will prevent a successful shoot.

  horse/pet has injury/lameness, which would cause stress or affect their welfare.

• A minimum of 48 hours’ notice is required for a shoot to be postponed by the Commissioning Client.

• Following postponement or cancellation, the session will be re-booked for the next mutually convenient date.

• Following three cancellations by the Commissioning Client, Amy Thomson Art reserves the right to cancel the contract and retain the balance.

• If the Commissioning Client postpones the session and the Photographer incurs any costs, whether relating to travel or for any other reason, with regard to the session and prior to the postponement, the Commissioning Client agrees to reimburse these costs.

• The Photographer will make every effort to carry out the session, but if subject to alteration or cancellation owing to causes beyond the Photographer's control (e.g. illness, fire, equipment failure), the Photographer's maximum liability shall be limited to a full refund of all monies paid to that time. This limitation on liability also applies in the event that Photographs or Products are damaged in processing by the Photographer.

• The Commissioning Client agrees that the Photographer shall not be liable for any amount in excess of the monies paid to them.

 

3. FEES AND PAYMENT:

• The fee will be paid by the Commissioning Client to the Photographer.

• The fee is payable on booking in order to confirm the agreed date and time.

• The Photographer reserves the right to cancel the booking and session if the balance is not paid in full.

• Where payments are due for additional Photographs, Products or any other reason over and above the photo shoot package, the agreed payment term is ten days.

• Photographs and Products will be sent out as soon as possible after receipt and (where appropriate) clearance of payment.

 

4. INDEMNITY:

• Amy Thomson Art is not responsible for any injury caused to an individual or animal during the time of the shoot. Choosing to ride without a helmet is entirely at the rider’s discretion. However, we will never intentionally put you or your pet out of their comfort zone which will increase the chance of injury.

• The Commissioning Client must bring a helper to assist handling of animal(s) involved. Amy Thomson Art retains the right to terminate any session on safety grounds whereby an assistant is not present.

• Amy Thomson Art cannot be responsible for the handling of any animal(s) while undertaking a session.

• It is the responsibility of the Commissioning Client to ensure that the necessary permissions and agreements that may be required to undertake the session are obtained, for example permission to use the location and facilities.

• In the absence of such permissions or agreements, the Commissioning Client accepts all responsibility and liability for any claim made by a third party and indemnifies the Photographer against all expenses, claims and legal costs arising out of the failure to obtain them.

• Waiver of liability: the Commissioning Client expressly releases the Photographer and her employees from all claims, damages, and liabilities that may result from accidents or incidents that occur during the photo shoot. This waiver of liability includes waiver of any claim that may be a result of negligence.

• The Commissioning Client agrees to reimburse the Photographer for any damage or personal injury suffered by the Photographer, as a result of the Commissioning Client's actions or the subject's actions.

 

5. COPYRIGHT:

• The Photographer retains full, unlimited, world-wide copyright on all Photographs and Products, which are passed to the Commissioning Client solely for personal display purposes.

• Original Photographs and non-digital Products may not be copied, published, reproduced, or stored on any electronic retrieval system without the express written permission of the Photographer.

• Amy Thomson of Amy Thomson Art asserts both a moral right to be identified as the author of her work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988.

• A Facebook Resolution digital file is only for personal use on social media sites. You must also include the copyright statement.

• An A4 Printable Resolution digital file is only for personal use and Reproduction up to A4 size.

• A Full Resolution digital file is for personal use only.

• A4 Printable Resolution and Full Resolution digital files cannot be used or uploaded on the internet or social media to prevent such images being stolen. Facebook Resolution digital files will be provided with every A4 Printable Resolution and Full Resolution digital file for internet and social media use.

• The Photographer may make copies of Photographs or Products for use in her portfolio, as samples, for promotional materials, entry into contests or exhibitions, editorial use, display or for any other reason that the Photographer chooses, without seeking the prior permission of the Commissioning Client.

• The Photographer may release copyright or Reproduction rights of the Photographs and/or Products for an agreed amount, which may not be passed on to any third party whatsoever.

 

6. LAW, VARIATIONS & PRIVACY:

• Permission to use photographs of children under the age of 16 will be sought by Amy Thomson Art from their parent/guardian/carer over the age of 18 years, before an image is shared on social media.

• No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.

• Amy Thomson Art reserves the right to change the Terms and Conditions above without notice.

• This Agreement shall be subject to and constructed according to English Law and the parties agree to accept the exclusive direction of the Courts of England.