***Please note that taking a screen shot of photos with a watermark on them is a copyright violation and you will be asked to take the photo down if posted to any social media or web platform or if the photo is entered into any contest. You must purchase the digital download of the photo if you wish to use it in any way. If you would like to submit a photo to a contest, you must get written permission from the photographer***
TERMS & CONDITIONS
In the following terms & conditions “the photographer” shall mean Jessica Hendricks trading as Jessica Stone Hendricks Photography. “The clients” shall be those persons defined as the person hiring the photographer to take photos and/or the subjects in the photos. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing.
i. The copyright Designs and Patents Acts assign the copyright of the images to the photographer.
i. The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc.
3. CREATIVE LICENSE, COVERAGE AND REPRODUCTION
i. Photographs taken during the course of the event will be at the discretion of the photographer although every effort will be made to comply with the clients requirements.
ii. Special requests are not binding instruction, although every effort is made to comply with the client's wishes. The Photographer/s will do their best to honour the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather an the availability and willingness of subjects.
iii. For a booking involving a sporting event or at certain venues, the photographer's movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the game or event may not be the photographer's choice and the photographer cannot accept responsibility for any obstructed view should this be the case.
iv. Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs.
v. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.
i. With certain types of photoshoots a deposit will be required to secure the appointment, as well as full acceptance of the terms and conditions as published on the photographer's website. The invoice for the photoshoot will be sent ahead of the photoshoot and payment is expected before or at the photoshoot. If you are a commercial client that needs to get approval for payments, special arrangements can be made if the photographer is notified ahead of time.
ii. Additional goods ordered must be paid for in full at the time of ordering.
5. FORCE MAJEURE
i. In the very unlikely events of cancellation by the photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid.
ii. The photographer will endeavour to put the client(s) in touch with another photographer in the event they are unable to attend due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown etc. or the photoshoot will be rescheduled when possible.
6. DIGITAL NEGATIVE FILES
i. All digital negatives (computer files) remain the property of the photographer.
ii. Should the digital negative files be lost, damaged of destroyed for the reasons beyond control, the photographers liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received.
7. PERSONAL ACCIDENT
i. Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
i. The photographer will endeavour to deliver digital negative files as quickly as possible. However this could take up to 2-3 weeks during busy periods.