Terms & Conditions
The following terms and conditions document is a legal agreement between “Sam Oakes Photography”, and the "Client”.
All Terms and Conditions outlined apply in full to all graphic design and photography services provided by Sam Oakes Photography to the Client.
These Terms and Conditions shall be governed by the laws of England and Wales.
Any dispute between the Parties relating to these Terms and Conditions shall fall within the jurisdiction of the courts of England and Wales.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote or makes any form of payment to Sam Oakes Photography, then the Client will be deemed to have satisfied themselves to the terms applying and have accepted these terms and conditions.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Sam Oakes Photography reserves the right to alter these Terms and Conditions at any time without prior notice.
- 1. Copyright and Licensing1.1 The 1998 Copyright, Designs, and Patents Act assigns copyright to Sam Oakes Photography. The Copyright in the Photographs supplied to the Client will remain the property of the Photographer, subject to a written agreement to the contrary. Nothing in these Terms and Conditions shall vest any ownership rights in the Client.
1.2 Any Licence shall become effective upon delivery of the Selected Photographs to the Client and shall continue from that date for the duration of copyright protection under Section 12 of the Copyright Designs and Patents Act 1988.
1.3 The Licence shall apply only to the Selected Photographs and shall not extend to proofs or any other material provided by the Photographer to the Client.
1.4 The Selected Photographs may not be used for any purposes which are unlawful or which may reasonably detriment the reputation of the Photographer.
1.5 The Client may not use any photograph in a manner which distorts, mutilates, defames or damages the reputation of the Photographer.
1.6 The Client may not sub-licence the Photographs without the prior written permission of the Photographer.
1.7 The Photographer reserves the right to use all Photographs for any advertising or promotional material provided such material is only related to the Photographer or his services. This includes all images where the Copyright has been signed over to the Client. To obtain full exclusivity of the images a standard fee of u00a3200.00 is payable per individual shoot.
1.8 The Licence granted to the Client shall be automatically revoked if the Client breaches any of its terms.
1.9 Images will be supplied to the Client either on disc or sent via online file transfer websites such as Dropbox or We Transfer.
- 2. Insurance, Liability and Indemnity2.1 The Photographer shall have in place public liability insurance with a limit of indemnity of u00a31,000,000.
2.2 The Photographer cannot guarantee that all Photographs delivered in a digital format are free from viruses and errors and accepts no liability for any loss or damage which may result from the same.
2.3 Any directions issued to clients, their guests or employees during a photographic shoot/event are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
2.4 It is the Client who must satisfy himself/herself/It's self that all necessary rights, model releases, clearances or consents which may be required for reproduction of people, places or items depicted within any images are obtained. It is acknowledged that the Photographer gives no warranty or undertaking that any such rights, releases or consents are or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any picture. The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed in writing before the shoot. In all other cases the Client shall indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances. The Photographer will not be liable for any loss or damage, for any consequential loss of profit or income however caused including negligence by the Photographer Sam Oakes, and it is the Client's responsibility to insure against such loss or damage.
- 3. Creative Licence3.1 Sam Oakes Photography shall be granted creative and artistic licence in relation to style, the choice of locations and poses used. Sam Oakes Photography's judgement on photographic style and the number of photographs taken shall be deemed correct. Some photographs may not be possible due to changes of the weather and the availability and willingness of subjects. Sam Oakes Photography will do his best to honour requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement. Photographs taken during the course of the session/event will be at the discretion of the photographer although every effort will be made to comply with the clients requirements.
3.2 When attending events the photographer shall endeavour to photograph all individuals as requested by the client(s) at some point, but no responsibility will be taken by the photographer on the occasion of leaving somebody out.
3.3 At certain locations, the area from which the photographer is able to position himself may not be the photographer's or Clients choice and therefore we cannot accept responsibility for any obstructed view or being unable to capture the required images should this be the case.
3.4 On location or events due to a variety of uncontrolled lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs. In low light conditions the quality of image may show camera noise due to high ISO speeds.
3.5 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. Cancellation, Postponement & Adverse Weather Conditions4.1 A booking is considered firm as from the date of confirmation via email or telephone conversation, and accordingly the Photographer will at his discretion, charge a fee of cancellation or postponement. Cancellation Seven (7) days prior to the shoot is subject to a 50% charge of the total quoted fee. Cancellation Two (2) days prior to the shoot is subject to a 75% charge of the total quoted fee.
4.2 If an appointment has to be cancelled by Sam Oakes Photography due to adverse weather conditions a new, mutually agreed appointment will be made. However, if the Client would like a Booking Fee refund, this will be granted.
4.3 In the unlikely event of total photographic failure, injury or sickness beyond Sam Oakes Photographyu2019s control, their liability shall be limited to a full refund of all monies paid. Your statutory rights are not affected.
4.4 Sam Oakes Photography is not liable for poor weather or lighting conditions which result in not being able to capture the images to the Clients satisfaction.
- 5. Artwork Scanning & Handling5.1 Copyright notice: You must either own or have a license to reproduce the copyright of the artwork(s) in question. If you are the owner of original artwork(s) produced by someone else, this does not by itself mean that you own copyright or have a license to reproduce their work. The Client is fully responsible for acquiring the relevant permissions and licences. In all cases the Client shall indemnify Sam Oakes Photography against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances. Sam Oakes Photography will not be liable for any loss or damage, for any consequential loss of profit or income however caused including negligence by Sam Oakes, and it is the Client's responsibility to insure against such loss or damage.
If no rights apply, we will be unable to offer our services.
5.2 All artwork except those photographed on location will be picked up and returned in person by Sam Oakes Photography. We cannot accept submissions via mail or courier companies. Charges are calculated at 0.50 pence per mile from HG1. On return of original artwork we request a confirmation is signed before the digital files are handed over.
- 6 . Invoicing & Late Payment6.1 All invoices are issued on delivery of the final images and are due within 30 (thirty) days net of the issue date.
6.2 Non payment within the 30 (thirty) day period is subject to our standard late payment charge. This is calculated at 10% of the original invoice total plus £40 admin fee.
6.3 Non payment within 60 (sixty) days of the invoice issue date, the original invoice and late payment fine will be passed on to a third party debt collection service.