Image Copyright, Digital Images and Crediting
In the following terms & conditions “the photographer” shall mean FIONALEGGE PHOTOGRAPHY FIONA LEGGE. “The client(s)” shall be those persons defined AS CLIENT IN booking. It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
Image Copyright, Digital Images and Crediting
A non-refundable booking payment as well as full acceptance of the terms and conditions as published on the photographer’s website secures the time and services of the Photographer for the Photoshoot and is nonrefundable or transferable in the event of cancellation.
Fiona Legge Photography retains the copyright on all digital materials and printed work produced from these digital images.
When digital images are purchased by the client, only the right to print the image for personal use is included. Copyright continues to be owned by Fiona Legge Photography. If the images are then used for commercial purposes, a further fee will be negotiated and paid to Fiona Legge Photography.
Digital Enhancement and Manipulation
These are carried out at the discretion of Fiona Legge Photography. If any special requests are made to enhance a specific image, it is expected that the Client will by buying that image. No work will be carried out on any image until payment has been received in full.
Force Majeure or Act of God
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control. 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.
In the unlikely event of the assigned Photographer being unable to attend your photoshoot due to unforeseen circumstances, we reserve the right to appoint reschedule at another date/time if possible depending on location setting. In the event of the client not able to attend or misses allocated shoot time the booking payment is nonrefundable.
WEATHER & LIGHTING
The shoot will carry on regardless of weather unless the shoot location is closed or unsafe due to floods, high winds or lightning. Due to a variety of lighting conditions some colours may alter throughout a set of photographs.
Limitation of Liability
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
All image sizes are nominal. The Photographer/s will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres. It is sometimes impossible to record on film or digitally the exact colour as seen by the human eye.
The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business marketing in advertising, brochures, magazine articles, websites, social media, sample albums etc. Please indicate at time of booking if you do not wish your images to be used for marketing and social media purposes.
The Photographer/s shall be granted artistic licence in relation to the poses photographed and the locations used. The Photographers judgement regarding the locations/poses and number of images taken shall be deemed correct. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested.
All images may be adjusted for exposure, brightness, contrast, sharpness, etc The Photographer’s judgement regarding these corrections and the number of images put forward to the Client for preview shall be deemed correct. Retouching, digital manipulation and artist finishing is available to the Client as an option at extra cost.
Prints / Reorders
All prints and reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing.
The copyright Designs and Patents Acts assign the copyright of the images to the photographer. Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988. It is contrary to the Act to copy or allow to be copied photographically/electronically or by any other means an image created as part of this contract without the permission of The Photographer/s in writing.