Booking - Terms & Conditions
Note: In-Depth Photos is a trading name of David James Coxsell Photography Ltd – Registered in England, UK – Company Reg: 10089578 – VAT Reg: 242444329.
For the purpose of this document In-Depth Photos & David James Coxsell Photography shall be referred to as IDP. The individual who has visited our site http://www.in-depthphotos.co.uk (whether representing an organisation or not) and orders either services, products or images shall be referred to as the CLIENT.
(01) APPLICABLE LAW
(a) The laws of England and Wales shall govern this agreement. These Terms and Conditions shall not be varied except by agreement in writing.
(b) In the event of any conflict between these terms and conditions (including those relating to the time of payment) and those issued or submitted by the CLIENT and in the absence of any contrary agreement in writing these Terms and Conditions shall prevail.
(02) BOOKING FEES, TIMES & DATES
(a) By booking with IDP you willfully enter into a contract and have therefore agreed to abide by the terms and conditions as laid out in this document.
(b) This booking fee must be paid in full and is not returnable except in the event of IDP cancelling the booking.
(c) Booking fees taken for services including newborn, portrait sessions, events, workshops and training sessions are non-refundable except in the event IDP cancels the booking. lf a booking is made online, and no suitable date can be arranged for the chosen session after consultation, then a refund will be given.
(d) Booking times and dates are as stated in the order process and are final and can only be changed at IDPs discretion. IDP will not be made accountable or eligible to reschedule bookings where the CLIENT is late or fails to attend.
(03) FULFILLMENT OF OBLIGATIONS
(a) IDP shall not be made liable to the CLIENT for any failure, in whole or in part, to fulfill its obligations where failure arises as a result of an event or circumstances beyond its control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury.
(b) The CLIENT understands and accepts that the photographic coverage will be as IDP's professional expertise determines. Special requests are not binding instructions although every effort is made to comply with the CLIENT's wishes.
(c) In the unlikely event of either a total photographic failure or cancellation of the contract by either party or in any other circumstances the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for any indirect or consequential losses.
(d) If a CLIENT fails to read any provided materials and therefore fails to carry out required preparations prior to any booked sessions, IDP will not be held responsible for any resulting reductions in quality or quantity of images supplied.
(a) All images produced by IDP will be edited on a colour calibrated monitor, therefore any prints will be a true reflection of the editing carried out by IDP or any of IDP's assignee's. IDP will not be held responsible for variances in images caused by CLIENT's viewing images on non calibrated screens or monitors. To ensure images are seen as intended it is advised that the CLIENT views them at IDP's studio.
(a) Although IDP will do its best to produce more proofs than discussed with the CLIENT there is no guarantee that any particular number of proofs will be produced.
(06) ARTISTIC INPUT
(a) Save as otherwise agreed between the CLIENT and IDP, IDP shall be entitled to use its judgement regarding the style and artistic input in the production of images. This includes but is not limited to locations, poses and number of images taken. Due to the vagaries of weather and the willingness of subjects it may not be possible to capture all the images as requested, or any images to the CLIENT's full expectations.
(b) In the event of un co-operative children at any session of any kind, for any reason, IDP may not be able to capture any, or all of the images the CLIENT may have requested or expected. The CLIENT is to be responsible for all children and/or subjects at all sessions. IDP will not be obliged to offer a refund or further sessions to complete the CLIENT's expectations.
(c) IDP may fully edit some or all images before presenting to CLIENT. Additional edits are carried out at the discretion of IDP, and IDP reserves the right to charge the CLIENT for any additional editing to cover time involved, at a rate of £20 per image. Any additional edit requests MUST be raised by the CLIENT at the viewing session or proofing stage. Requests not raised at these points will not be considered once any products have been ordered.
(07) CLIENTS PHOTOGRAPHIC DEVICES
(a) IDP does not allow the use of CLIENT's own devices to capture any images whilst IDP (or their assignee's) are in the process of fulfilling obligations as set within the services provided. IDP may allow behind the scenes captures or other images when if they deem the time and placement suitable.
(08) COPYRIGHT & REPRODUCTION
(a) Copyright is retained by IDP at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of IDP. This includes saving, screenshots and downloading from any social media platforms/sites including but not limited to Facebook, Twitter & Instagram.
(b) The CLIENT may not alter, edit or manipulate any image by means of a computer or any other device that provides software, apps or techniques to reproduce an image in whole or in part as an element within, or as a montage with any another images or text without IDP's written permission.
(c) Permission to reproduce an image shall be granted to the CLIENT by IDP via a written and signed agreement/license only when a fee for the license has been agreed with IDP. An invoice shall be issued by IDP and must be paid in full by the CLIENT before any license will be issued.
(d) In the event of any unauthorised reproductions, the CLIENT shall pay by way of liquidated damages to IDP an unauthorised use fee of £120 per image, or double the standard reproduction fee for the use concerned, whichever is the greater. In cases of any use in commercial circumstances including but not limited to advertising, publication and/or use in any media materials, IDP reserves the right to charge a fee deemed suitable for the use.
(e) The right to reproduce an image granted by IDP shall be for personal use of the CLIENT and may not be assigned to any third party without IDP's prior written consent.
(f) The CLIENT will fully indemnify IDP against any unauthorised reproduction of an image submitted to the CLIENT made by any third party as a result of or arising out of any breach by the CLIENT of any of these terms and conditions (including but not by way of limitation the CLIENT allowing an image or a copy thereof to come into the possession of a third party without IDPs prior written consent).
(a) While IDP takes reasonable care to correctly identify, caption and orientate the images, it does not accept any liability for loss or damage incurred by the CLIENT or any third party caused by any errors.
(10) RECEIPT OF IMAGES
(a) The images are presumed to have been received in good condition unless the CLIENT notifies IDP in writing of any discrepancy or error within 14 days of receipt.
(11) COOLING OFF PERIOD
(a) Because the supply of the photographs has been made to the CLIENT's personal specification, (i.e. image number, print size, frame style, etc.), the CLIENT does not have the right to a cooling off period.
(b) By placing an order with IDP you are committing to purchase the ordered products.
(12) RETURNS POLICY
(a) Incorrectly supplied products and products of poor quality can be returned and will be replaced at no extra charge to the CLIENT.
(b) Faulty items should be returned to In-Depth Photos, 1 Lychgate House, High Street, Pattingham, Wolverhampton, WV6 7BQ. The CLIENT will be responsible for any costs associated with the return of any products.
(c) Returns will not be considered for incorrectly ordered products or products ordered in error.
(d) No return, exchange or refund is available on any item once the product or image has been approved, and an order placed.
(13) USE OF IMAGES
(a) IDP retains the right in all cases to use the images in any manner at any time throughout the world for the purposes of sales, advertising or promotion, of its work. If the CLIENT wishes for IDP to not use any images for the above stated purposes, IDP reserves the right to charge an additional fee of £125.00 per session.
(14) MODEL RELEASE
(a) Unless specified in writing, IDP makes no claim or warranty as to the existence or validity of connected therewith model or other releases in respect of the images or as regards the reproduction by the CLIENT of any names or trade marks depicted in the images. It is the CLIENT who must satisfy themselves that all necessary rights, releases or consents required for reproduction have been obtained.
(A) IF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE UNDER THE LAW, THE VALIDITY OF THIS AGREEMENT AS A WHOLE SHALL NOT BE AFFECTED, AND THE OTHER PROVISIONS OF THE AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.
(B) ALL IMAGES ARE KEPT FOR A MINIMUM PERIOD OF SIX MONTHS AND MAY BE DELETED OR REMOVED AT THE DISCRETION OF IDP ANY TIME THEREAFTER UNLESS OTHERWISE AGREED IN WRITING.