Terms and Conditions
1. These terms & conditions shall apply to the contract to the exclusion of any other terms & conditions put forward by the client.
2. Paula Russell (Hereafter known as “The photographer”) retains full copyright in all images, at all times, throughout the world, in accordance with the Copyright, Designs and Patents Act 1988. The photographer asserts her right to be identified as the author of all images, by the words: ‘Photo by Paula Russell Photography’. Upon final payment by clients, clients are allowed to display resulting images for personal use only, unless otherwise agreed prior to the photoshoot. Said images may not be digitally altered in any manner without prior written permission of Paula Russell Photography. Clients will receive a high resolution digital disk/USB with printing rights. When publishing the photos on social media, Paula Russell Photography must be credited as the photographer. The client must not benefit commercially from the reproduction of these photographs in any form. Paula Russell Photography will choose the best images from your session. The client does not take part in the process of choosing which images will be selected for the final gallery. Every images that is chosen will be fully edited to Paula Russell Photography’s high standard.
3. The client will have an appropriate period of exclusivity to publish the photographs to the exclusion of all other persons. However, the photographer retains the right in all cases to use the photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting her work. After any exclusivity period the photographer shall be entitled to use the photographs for any reasonable purposes (unless otherwise agreed). Editorial work may be made available by the photographer to third parties after publication in the medium for which they were originally commissioned unless otherwise agreed.
4. Unless specified on a separate licence: (a) clients are licensed to use commissioned photographs for pr & editorial use, in perpetuity, on behalf of the original company who commissioned the photography; (b) Any publication of the photographs to gain publicity for companies other than the original commissioning company will require a reproduction fee to be paid to the photographer ; (c) The photographer retains full copyright in all images at all times throughout the world.
5. The photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the photographer to carry out his obligations in relation to the commission.
6. Any information or data is kept in accordance with data protection principles set out in the Data Protection Act available on the ICO (Information Commissioner’s) website.
7. It is the client’s responsibility to ensure that all the necessary clearances have been obtained to allow the photographs to be taken without hindrance or infringements of trademarks or copyrights. It is the client’s responsibility to gain written parental permission when persons under the age of sixteen years are to be photographed. Permission is also necessary to allow identification and publication of photographs of children. The photographer accepts no liability for non-supply of pictures if parental permission has not been granted.
8. Where extra expenses or time are incurred by the photographer as a result of alterations to the original brief by the client, the client shall give approval to and be liable to pay such extra expenses or fees at the photographer’s normal rate in addition to the expenses agreed or estimated.
9. Images will be available to view or download from a secure client gallery for 3 months from the date of the commission. Longer periods are available by agreement.
10. Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition. Should rejection occur once images have been edited and sent to the client, a rejection fee of 25% will be put forward to re-edit the necessary photos.
11. A booking is considered firm as from the date of confirmation and accordingly the photographer will, at her discretion, charge a fee for cancellation or postponement. If a confirmed shoot is cancelled or postponed for reasons outside the control of the photographer (including unsuitable weather / light), the photographer reserves the right to charge a cancellation fee at the following rates together with all incurred expenses: On Shoot Duration of two days or less: cancellation on less than 3 Working Days notice - 100% of Fee + all expenses; or 6.1.2 on 3 to 6 Working Days notice - 75% of Fee + all expenses; or 6.1.3 on more than 6 Working Days notice - 50% of Fee + all expenses. On Shoot Duration in excess of 2 days and on notice equivalent to: 6.1.4 the Shoot Duration or less -100% of Fee + all expenses; or 6.1.5 more than the Shoot Duration but not more than twice the Shoot Duration - 75% of Fee + all expenses; or 6.1.6 more than twice the Shoot Duration - 25% of Fee + all expenses.
12. Following completion of the shoot the photographer will deliver the Material to the Client as soon as reasonably practicable and in the agreed format to enable the Client to select the Licensed Images.
Subject to any previously agreed deadlines for post-production work the photographer will carry out any such work required as soon as reasonably practicable but cannot guarantee urgent turnaround.
Unless expressly agreed in writing between the Parties the Client shall not be entitled to reject the Material on the basis of style or composition.
13. This agreement shall be governed by the laws of Scotland.
14. These Terms and Conditions shall not be varied except by agreement in writing.