BNG Portrait Photography, Wellingborough, Northants

Terms & Conditions

1. Meanings. "Photographer" means any partner of BNG Photography, his/her heirs, agents, employees, legal representatives and assigns, those for whom the Photographer is acting, and those acting with his/her authority and permission. "Client" means the person signing the order form.

2. Photographic Materials. All photographic materials, including but not limited to files, compact flash cards, negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. These images are copyrighted and may not be copied or reproduced in any form without written permission. This includes scanning and displaying on a computer or on the Internet. The Photographer shall make proofs and previews available, be they prints or on-line proofs, to the Client for the purpose of selecting photographs. This is a requirement. With the increasing availability of scanners and copy stations, copyright violations are becoming a serious problem. Therefore, the Photographer requires that you agree to the following terms before checking out the portrait proofs:

a) Printouts of online proofs or CD proofs are not to be made, for any reason other than personal help in choosing/ordering prints.

b) Proofs shall not be copied, printed, and/or distributed, unless with written permission from the Photographer.

3. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions. The Photographer shall only make reproductions for the Client or for the Photographer's portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the Photographer's studio, including the Photographer's web site. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client.

4. Client's Usage. The Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer. If Client is obtaining a print for reproduction Client shall request that a credit for the Photographer be placed adjacent to the photograph on publication, but shall have no liability if the publication refuses or omits to do so.

5. Failure to Perform. If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer's illness, then the Photographer shall have no liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client's order. In such an event, the Photographer will refund all monies paid in full or reschedule a session and take photographs based on the terms of this Agreement.

6. Inherent Qualities. The Client is aware that color dyes, pigments and inks used in photography may fade or discolor over time due to their inherent qualities, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.

7. Photographer's Price List. The charges in this Agreement are based on the Photographer's Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.

8. Booking Fees. Any booking fee made to the Photographer secures the time and services of the Photographer for a portrait session and is non-refundable and non-transferable in the event of a cancellation. Portrait sessions may be postponed to a later date with no loss of fee only at the Photographer's discretion.

9. Miscellany. With the exception of Wedding and Commercial sessions, which have their own Terms,
these Terms and Conditions apply to all photographic sessions with the Photographer. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.