TERMS & CONDITIONS

By hiring TEZ.PHOTOG you accept the T&C's set out below.

TEZ.PHOTOG, hereby referred to as “The Photographer” & the person booking TEZ.PHOTOG for the job, hereby referred to as “The Client”. “The Job” is hereby known as any booking confirmed via email between TEZ.PHOTOG & The Client.

Payments

Full payment is due to be paid no less than one month (30 days) after the job date, or on delivery of the images unless otherwise agreed in writing by The Client and The Photographer. This is also stated on the invoice provided.

Late Payment

Payment is due by the date stated on the invoice or as otherwise agreed in writing. If payment is delayed, the Client is asked to contact the Photographer as soon as possible. Where payment remains outstanding after the due date, the Photographer reserves the right, where permitted by law, to charge reasonable interest at 8% per annum above the Bank of England base rate until payment is received in full. Additional charges relating to the accumulation of late payment interest may be invoiced to The Client at the discretion of The Photographer once final payment for the original job has been received.

The Photographer may pause services or withhold delivery of images or products until any outstanding balance has been paid. The Photographer will always endeavour to resolve payment issues amicably with the Client.

Cancellations and Postponements

The Client may cancel the job at any time by giving written notice to The Photographer but in doing so shall forfeit any monies already paid and will be subject to a cancellation fee.  Cancellations less than 48 hours before the date of the job will require payment in full by The Client. Any requests to postpone will be considered on a case by case basis. The cancellation conditions will apply to postponed job requests if The Photographer is unable to attend. This is due to work already carried out, prep work, research and any mood boarding prior to the commencement of the job.

The Photographer

In the unlikely event that The Photographer cancels, is unable to attend or fails to show for any reason, including but not limited to: illness, another job, an injury or Act of God, responsibility and liability is limited to all payments received so far. The payments will be refunded and returned to The Client within 7 days.  For postponed or rescheduled dates, the ‘Cancellation’ terms apply if The Photographer is unable to make the new date.

Limitation of Liability

In the unlikely event of a total photographic failure, loss of photographs or the digital files have been stolen or destroyed including but not limited to camera, hard drive or equipment malfunction, neither party shall be liable for indirect or consequential loss. The Photographer’s entire liability to The Client for any claim or loss is limited to a refund to The Client for the amount paid for services. The limit of liability for partial loss of files shall be assessed proportionately based on the amount of files lost. The Photographer is not liable for the loss of images beyond the lesser of the final delivery of all photographs included upon booking.  

The Photographer cannot guarantee delivery of any specifically requested images, except for images made under such conditions where The Photographer has complete control over all variables which contribute to the production of an image, including but not limited to, lighting, time, subject position and distance to camera.  

The Photographer has the right to refuse production of any image that could infringe copyright laws, or in the course of its production could cause or contribute to bodily injury, death, equipment damage or property damage or destruction.

The Photographer is not responsible for the effects of the subjects’ physical appearance, including but not limited to body position, facial expressions, blinking or clothing. The Photographer cannot be responsible for the effects of environmental conditions, including, but not limited to, weather conditions, temperature, existing lighting or aesthetics of the shoot location.

Photography Coverage

The Client understands and accepts that the photographs taken during the job will be as The Photographer’s professional expertise determines. The Photographer only releases work they’re 100% happy with. The Photographer captures to the best of their ability and cannot guarantee every element of the job will be captured.  

Special Requests & Shot Lists

Any special requests must be stated in writing to The Photographer on the job or prior to the shoot start date, so a shot list can be made. The Photographer strongly recommends to The Client to state their special requests in writing even if it may sound insignificant. The Client is given the opportunity to state special requests in any email communication prior to the job commencement. There is no guarantee that any requests made afterwards can be met. Special requests are not binding instructions or a promise to capture, although every effort by The Photographer is made to capture The Clients wishes.   

Timing & Packages

Timings of jobs and pricing are agreed on prior to the job commencement. If The Photographer is booked for a set amount of hours and the job is over in less time then The Photographer must still be paid the full amount quoted by The Client, as they have blocked out this amount of time for the job.

If an average amount of photographs are provisionally agreed with The Client, this average amount is approximate and depend variable factors (ie. willingness of clients or subjects, access, weather & location etc). If the approximate photograph number is not met The Photographer holds no responsibility.   

There is an additional fee if  The Photographer is required to stay longer than the quoted hours. During the contracted hours The Photographer will photograph on & off and is entitled to regular breaks & a lunch break if on a full / half day job.

Artistic Licence

The Photographer will be granted complete artistic licence including and in relation to the poses captured, locations used & photographs provided. The Photographers judgement regarding locations, poses, amount of photographs taken & editing style shall be final. Due to the vagaries of the weather and the willingness of The Client or subject it may not be possible to capture all photographs requested. The Photographer will select what images to capture & include in the final gallery; The Photographer will put in all elements of the job captured & will showcase them to the best of their ability.

Travel & Accommodation  

The Photographer may charge travel and/or accommodation fees. The requirement for travel and/or accommodation will be discussed with The Client in advance of booking the job. The Photographer will charge travel costs at HMRC’s standard 0.55p per mile, unless agreed otherwise in writing.  Where required, The Photographer will book hotel accommodation at their discretion dependent on the distance, location and duration of the job & will communicate the fees with The Client.

Image Retouching & Alterations

The Photographer reserves the right to decline any request for retouching, alteration or re-editing where, in the Photographer’s reasonable opinion, the requested changes are inconsistent with, or fall outside of, the Photographer’s usual photographic and editing style, artistic approach or professional standards.

Detailed image retouching and/or alterations are not included within the standard photography service. This includes, but is not limited to, the removal or alteration of scars, blemishes, wrinkles, stray hairs, hair or clothing adjustments, body or facial alterations, removal of objects or people, and other detailed or bespoke amendments to an image. Where the Client requests retouching or alterations, the Photographer will advise whether the requested work can be undertaken and, where applicable, provide an additional quotation or fee based on the time and complexity involved. The Photographer reserves the right to outsource such work to a professional third-party retoucher where appropriate. Any third-party retouching costs will be payable by the Client in addition to the agreed photography package.

Any requests for amendments to the Photographer’s standard editing style, colour grading or image processing must be made in writing. Additional editing or re-editing of images following delivery, or following approval of an agreed editing style, may incur an additional charge at the Photographer’s discretion.

Where the Photographer considers it appropriate, a small batch of test images may be provided to the Client to establish the intended editing and colour-correction style before the main collection is completed. Approval of a test batch does not entitle the Client to subsequently request a different editing style or the re-editing of the full collection without an additional charge. The Photographer will make reasonable efforts to reproduce colours accurately; however, it is not always possible to replicate exactly the colours perceived by the naked eye due to lighting conditions, ambient light, colour temperature, venue lighting and other factors beyond the Photographer’s control. The Client acknowledges that photographic style, composition, lighting and colour rendition are part of the Photographer’s artistic approach and that images cannot be rejected or require re-editing solely because they differ from the Client’s personal preference or because of factors outside the Photographer’s control. Any additional retouching, alterations or re-editing requested by the Client will only be undertaken once the applicable additional fee has been agreed. The Photographer is under no obligation to undertake such work where the request is considered unreasonable, technically impractical, or outside the scope of the Photographer’s services.

Gallery Delivered

Images from the job will be delivered via Dropbox. The download link will be active for 7 days on issue. The Photographer recommends that the images are downloaded in reasonable time by The Client, as the online gallery may be deleted after this date. Re-exporting & re-delivering images after the gallery has been deleted may incur additional costs.  The Photographer will make best endeavours to retain images for a period of 6 months (184 days) after the job commencement date. However, it is The Clients primary responsibility to back up any files and/or images delivered by The Photographer to The Client. The Photographer cannot be held liable for any loss of files and/or images by The Client at any time.

Display

The Client hereby allows The Photographer to display any photographs of the job day in their studio, website & blog, exhibitions, advertising, magazines and online marketing, social media and promotion of their work unless otherwise disclosed.  

Copyright

The entire copyright of photographs is retained by The Photographer at all times throughout the world. Where a collection or digital files have been provided to The Client as part of the job, these photographs may only be used as stated via email communication in relation to the fee paid. This is usually for social media + online, this is including but not limited to all social media platforms, newsletters and websites. If The Clients requires commercial use or any other use The Photographer must be contacted in writing and written permission must be provided by The Photographer. For commercial usage additional fees may apply on a case by case basis.

The photographs provided in the collection must not be adjusted or edited in any way by The Client - this includes, but not limited to, Instagram filters, VSCO filters & other effects. If the images are adjusted in any way The Photographer retains the right to request the images to be taken down.  

The Photographer retains the right in all cases to use the photographs in any reasonable manner at any reasonable time and in any part of the world for the purposes of advertising or otherwise promoting their work. All RAW files remains the property of The Photographer; The Client is not entitled to these files.

Permits

The Client is responsible for acquiring all permits and necessary permission for photography in all locations required, and any costs incurred.  

Complaints

Any concerns by The Client should be raised directly to The Photographer in writing within 28 days of first becoming aware of the matter. These concerns must be made directly to The Photographer via email, before being made public via social networking websites. This is to allow The Photographer ample time to address these concerns & correct any issues that may have arisen.  The Client agrees that they will not disparage or slander The Photographer in the form of negative comments, reviews, feedback, complaints, insults, or other counter-productive content about The Photographer or services provided in any online forum, social media website, review page or message board, including but not limited to Facebook, Twitter, Instagram, Tiktok & Google Reviews.  Any concerns regarding the final product must be expressed directly to The Photographer in writing within 28 days of delivering the gallery via email so that a resolution may be discussed.

Force Majeure  

The due performance of this contract is subject to alteration or cancellation by either party owning to any cause beyond their control, however terms in the ‘Cancellation’ section of this agreement will apply.   

In the event of written cancellation by The Photographer, or in the very unlikely event of total photographic failure, liability shall be limited to a full refund of any fees paid (less any costs already incurred – flights, hotels, admin fees etc).  

Adverse Weather & Premature Termination

The Photographer reserves the right to suspend, postpone, or bring the photography services to an early end where, in the Photographer’s reasonable professional judgement, weather or environmental conditions become unsuitable for the safe continuation of the shoot. This includes, but is not limited to, heavy rain, snow, high winds, lightning, extreme temperatures, flooding, or any other conditions that may pose a risk of damage to photographic equipment or otherwise compromise the safety of the Photographer, Client, subjects, or other persons present.

Where reasonably practicable, the Photographer will discuss the situation with the Client and, where appropriate, seek to resume the shoot once conditions improve. However, the Photographer’s decision to cease work in order to protect equipment and/or personal safety shall be final.

If the shoot is brought to an early end due to adverse weather, the Photographer shall not be liable for any resulting failure to capture the full agreed coverage. Any arrangements for rescheduling, additional coverage, or refunds shall be dealt with in accordance with the cancellation and postponement terms of these Terms and Conditions and on a case by case basis.

Safety & Personal Accident

Any directions issued to The Clients or their guests during the job are deemed to be at said persons own risk. The Photographer cannot be held responsible for any personal accidents during the job. If The Photographer experiences inappropriate, threatening, hostile or offensive behaviour from persons at the event, The Photographer reserves to right to terminate coverage and contract, and leave the location of the event. In such circumstances, any payments made will be non-refundable.  If The Photographer feels that a situation is dangerous to themselves, their equipment or The Clients, they reserve the right to refuse to partake, or take any responsibility if The Clients decides to continue with said dangerous activity.

Both The Client and The Photographer must comply with all health and safety laws, rules and regulations. The client expressly agree that during or prior to the job commencement The Clients will notify The Photographer if they are exposed to severe illness, and will not request The Photographer to do anything illegal or unsafe. Further, The Photographer will not provide services in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences.   

Under any of these circumstances, The Photographer reserves the right to end the event coverage immediately and/or leave the job.  The Photographer shall be entitled to retain all monies paid and The Clients agree to relieve all liabilities as a result of incomplete job or for a lapse in the quality of the photographer's work.