TERMS OF SERVICE

In the following terms & conditions “the photographer” shall mean Seven Arts Photography. “The clients” shall be those entities defined as business and/or organization. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing.

1)      COPYRIGHT

a)       The copyright Designs and Patents Acts assign the copyright of the images to the photographer. 

 

2)      DISPLAY

a)       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

a)       Photographs taken during the course of the photo session will be at the discretion of the photographer although every effort will be made to comply with the clients requirements.

 

b)      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.

 

c)       For a booking involving a church 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 event may not be the photographer's choice and the photographer cannot accept responsibility for any obstructed view should this be the case.

 

d)      Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs.

 

e)      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.

 

4)      PAYMENT

a)       A non-refundable booking fee of $25.00 (at minimum) will confirm your booking, as well as full acceptance of the terms and conditions as published on the photographer's website. The booking fee will be deducted from the cost of the client's chosen package when calculating the final balance due.

 

b)      Payment in full of the remaining balance will be upon the client receiving notification that the photo deliverables are ready.

 

c)       Additional goods ordered must be paid for in full at the time of ordering.

 

d)      Titles to all goods remains with the photographer until paid for in full by the client(s)

 

5)      FORCE MAJEURE

a)       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.

 

b)      The photographer will endeavour to put the client(s) in touch with another photographer in the event they are unable to attend on the session date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown etc.

 

6)      DIGITAL NEGATIVE FILES

a)       All digital negatives (computer files) remain the property of the photographer. All digital deliverables include a copy of the edited digital negatives to the client(s) for their own non-commercial use.

 

b)      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)      ON THE DAY

a)       The photographer will be the sole professional (still) photographer at the venues specified.

 

8)      PERSONAL ACCIDENT

a)       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.

 

9)      CANCELLATION FEES

a)       If the client(s) should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation:

 

b)      Cancellation from the booking date and more than two business days to go until the photo session, the booking fee of $25.00.

 

c)       Cancellation with less than two business days until the photo session date, full price for the complete photographic coverage booked. The client(s) are hereby advised to take out an appropriate insurance policy to cover any expenses incurred in the event of cancellation.

 

10)   DELIVERY

The photographer will endeavour to deliver digital negative files as quickly as possible. However this could take up to up

to 3 weeks during busy periods.