Terms and conditions for portrait sessions
In the following terms & conditions “the photographer” shall mean Ruth Damm trading as Ruth Leavett Photography. “The clients” shall be those persons defined as acquiring the services of Ruth Leavett Photography. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing.
The German Copyright Act of 9th September 1965 (“Gesetz über Urheberrecht und verwandte Schutzrechte”) assigns copyright of the images to the photographer.
i. The photographer grants the client permission to print the images.
ii. The photographer grants the client permission to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to the photographer.
iii. The client hereby allows the photographer to display any photograph covered by this contract and to generally promote the business on social media, in advertising, brochures, magazine articles, websites, sample albums etc.
3. CREATIVE LICENSE, COVERAGE AND REPRODUCTION
i. Photographs taken during the course of the photo shoot will be at the discretion of the photographer although every effort will be made to comply with the clients requirements.
ii. Special requests by the client are not binding instruction, although every effort is made by the photographer to comply with the client’s wishes. The photographer will do their best to honour the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background or location due to changes in weather and the availability and willingness of subjects.
iii. Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs.
iv. 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.
i. Portrait photography sessions (couple shoots, family shoots, individual portrait sessions) require a deposit of 25% to hold the booking, the rest will be due on the day of the shoot. Gift vouchers are payable in full at the time of booking.
ii. No travel expenses are charged for shoots up to a 25km round trip from the photographer’s location 91174 Spalt. There is a set travel fee to Nürnberg of €15. Travel further than 25km is calculated at €0.30 per kilometre. Should travel expenses be incurred on sessions fulfilled as part of a gift voucher, these will be payable on the day of the shoot.
5. FORCE MAJEURE
i. In the very unlikely event of cancellation by the photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid.
ii. If the photographer is unable to attend on the date of the shoot due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown etc. every attempt will be made to reschedule.
6. DIGITAL NEGATIVE FILES
i. All digital negatives (the raw computer files) remain the property of the photographer, and will not be provided by the photographer to the client. The portrait session package includes a copy of the edited digital negatives (jpegs) to the client(s) for their own non-commercial use.
ii. Should the digital negative files be lost, damaged or destroyed for 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. PERSONAL ACCIDENT
i. Any directions issued to clients 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.
8. CANCELLATION FEES
i. If the client(s) should have to cancel a booking (and efforts to reschedule have failed) the photographer will, at her discretion, issue a refund depending on the amount of notice received prior to the agreed date:
- More than one week – 75% refund
- Within a week and 48 Hours – 50% refund
- If less than 24 Hours notice is given, the client will not receive a refund.
iii. Gift vouchers are valid for 12 months from the date of purchase and are non-refundable.
i. The photographer will endeavour to deliver the edited digital negative files as quickly as possible. This usually takes up to 3-5 weeks for portrait sessions during busy periods.