The following Terms and Conditions are the property of TMR Creations and should not be copied in whole or in part.
Terms and Conditions
 
Definitions
In these Terms and Conditions, unless the context otherwise requires, the following words and expressions shall have the meanings set out below:
Bank Account : (this information will be supplied to the Client when a booking is made)
Booking Form : means a booking form signed by the Client further detailing the Services in accordance with these Conditions
Client : means the person or organisation who purchases Services from the Photographer
Conditions : means these terms and conditions as amended from time to time in accordance with clause 24
Contract : means the Booking Form between the Photographer and the Client
Date : means the date of the event at which Services are required as specified in the Booking Form
Deposit : means the fee specified as the deposit or booking fee in the Booking Form from time to time
Fee : means the fee payable by the Client for the supply of Services as specified in the Booking Form
Parties : means the Client and the Photographer
Photographs : means all photographic material supplied by the Photographer, this includes transparencies, negatives, prints, digital files, digital scan, digital image, design, artwork, montage or any other item which may be supplied for the purposes of reproduction
Photographer : means Tracey Robilliard of Beach Cottage, Heronniere Lane, St Sampsons, Guernsey, GY2 4DL, trading as TMR Creations
Price List : means the most up to date list of prices advertised by the Photographer both in hard copy and on www.tmrcreations.co.uk from time to time
Services : means the provision of photography services supplied by the Photographer to the Client

Acceptance of Terms and Conditions

All Contracts and transactions between the Photographer and the Client are subject to these Conditions which shall be deemed to be incorporated into any Contract between the Photographer and all or any of her Clients.

Booking for Services

Upon entering a Contract with the Photographer, the Client agrees to pay the Deposit.

Dates are reserved only when the Deposit has been paid in full by electronic transfer into the Photographer's Bank Account.

Fees and payments

The Fee shall be calculated in accordance with the prices as set out in the Price List.

The Photographer shall be entitled to charge overtime at an hourly rate, as specified in the Price List, on a pro-rata basis for any time worked by the Photographer outside the hours agreed to under the Contract.

All prices quoted to the Client apply only to the original job description and specifications given to the Photographer by the Client and agreed in the Booking Form. 

The Photographer reserves the right to make additional increase to fees and expenses should these descriptions or specifications differ or change before or during the assignment.  Wherever possible, the Photographer shall endeavour to provide an indication of what the additional fee increase will be.

The Photographer shall be entitled to charge the Client for any expenses reasonably incurred in connection with the photography assignment including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, and for the cost of services provided by third parties and required by the Photographer for the performance of the photography assignment, and for the cost of any materials.  

The Photographer shall invoice the Client 8 weeks prior to the Date.  

The Client shall pay each invoice submitted by the Photographer:
not later than 14 days after receipt of the invoice; and  
in full and in cleared funds to the Bank Account, or by cheque.    

Any request for any additional Photographs after the assignment shall be paid for when they are ordered.  

Cancellation / Weather Changes

A full unconditional refund policy exists for a period of 14 days from receipt of the Contract and payment.  After that date, refunds are at the discretion of the Photographer. 

If a booking is cancelled by the Client within one month of the Date, the Photographer reserves the right to charge the Client full Fee for the assignment.  

If a booking is cancelled within two months of the starting time, the Photographer may charge 50% of her Fee.

Weather permitting, photographs will be taken as agreed.  In the event of rain or snow or any form of weather disturbances, the Photographer will make the necessary changes in the photographic session and will not be responsible for any disruption caused by the weather.  However, the Photographer will use all reasonable endeavours to produce coverage of an event within the time allocated to her.

For cancellations/postponements due to weather conditions, the Photographer reserves the right to charge her full Fee and expenses due to weather conditions on location.  In such instances, the Photographer may charge in full for her expenses (e.g. including, but not limited to, hire of specialist equipment, vehicles etc), that she may have incurred prior or during the assignment taking place.

Photochromatic Anomalies

Owing to reflectance caused by a certain combination of dyes and materials, especially man-made fibres, it is sometimes impossible to record the exact eye colour of a garment as seen by the human eye.  The Photographs will provide a pleasing colour balance based on the flesh tones of the subjects but cannot guarantee exact colour match.  

Coverage

Photographs taken during the course of an event will be at the discretion of the Photographer although every effort will be made to comply with the Client's requirements.  

The Photographer cannot be held responsible for the lack of coverage caused by:
the Client or any third party not being on time;
any restrictions on photography imposed by a venue;
any inhibiting background, location, or additional arrangements with other photographers; and/or
any acts, events, omissions or accidents beyond our reasonable control, including strikes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown or plant or machinery, fire, flood, inclement weather or default of suppliers or sub-contractors.

The Photographer does not guarantee to incorporate any specific picture or, that such picture will incorporate any specific background, location or group arrangement.  

Requested Photographs

The Photographer will use reasonable endeavours to honour any photographs requested and agreed in advance, providing the following conditions are met:

weather and allocated time are conducive to the photographs requested; and
availability and co-operation of the person(s) concerned.

Conduct

The Client shall be responsible for the behaviour of any persons accompanying them to an assignment.  The Photographer reserves the right to terminate any assignment without notice if she deems the Client's behaviour to be unruly or unsafe.  In such instances, the Photographer reserves the right to charge her full Fees and expenses.  The Client will fully reimburse the Photographer or her agents for any loss and/or damage they cause to any property or equipment of the Photographer.

Availability of Photographs

Prints must be ordered by the Client and any third parties within 3 months of the Date.  After this time the Photographer cannot guarantee being able to fulfil orders and any order which is fulfilled will be subject to the Price List as at the date of ordering.

Requests for additional prints / retouches

A separate fee will be charged for all additional prints ordered.  Retouching of digital files, digital manipulations and artist finishing etc may be available on request.  
The price of any additional services must be paid in full before delivery.

Complaints

In the unlikely event of any complaint, this should be raised by the Client with the Photographer within 28 days of receipt of images.

Directions during assignments

Any directions issued to Clients, their guests or employees during a photographic shoot are deemed to be at said person's own risk.  The Photographer will not be held responsible for any personal accidents during a photographic shoot.

Exclusivity

If a booking is made where the Photographer is to be paid solely by monies received at an event from the sale of photographs, or where the Client is to be paid a commission, pitch fee and/or stand fee, the Photographer reserves the right to have exclusive photography rights for the assignment.  This includes photographs either being offered for sale or free of charge, by any other photographer both at the event or via a website afterwards.  This also includes press and other media photographers.

If any other photographer is present without prior agreement with the Photographer, the Photographer reserves the right to invoice the Client for any loss of earnings incurred.

Copyright and Ownership

In accordance with the Copyright (Bailiwick of Guernsey) Ordinance, 2005 the copyright of all images created by the Photographer is held exclusively by the Photographer. 

Unless the Photographer gives written authorisation, the Client is forbidden by law to copy any images created by the Photographer and agrees that all photographic reprints, digital duplications or copies of any type made from images created by the Photographer shall only be carried out by the Photographer.

The Client hereby:

warrants that:

the use of any images created by the Photographer will not breach any image rights of any individual; and

 all relevant consents in respect of any image rights which may exist have been obtained; and

he or she indemnifies the Photographer against any claim made by any third party for breach of image rights.

A licence to reproduce such images may be granted to the Client by the Photographer on the understanding that all invoices are paid within the Photographer's stated payment terms.

Any licence, (if and when granted) is strictly limited to the use specified on the Photographer's invoice and/or quotation.  An agreement must be reached with the Photographer before the pictures are used for a different purpose or after the licence to use has expired.  The Photographer reserves the right to charge an additional fee if the Photographs are used for purposes other than what is specified in the Photographers invoice and/or quotation.

If the Client wishes to own the copyright of images created by the Photographer, an additional fee will be paid by the Client to the Photographer for assigning the copyright.  The assignment of copyright will only become applicable after this payment has been made in full by electronic transfer into the Photographer's Bank Account.

In instances where the Client requests copies from media that they have supplied, all work is undertaken on the assumption that the Client has obtained written permission from the legal copyright holder for copies to be made.  The Photographer may contact the copyright holder of the said image to confirm that authorisation to copy the image has been given.  The Client agrees to fully indemnify the Photographer in respect of any claims or damages or any costs arising in respect of claims for copyright violation made by a third party against the Photographer.

Notwithstanding the above, all original Photographs created by the Photographer remain the sole property of the Photographer.  The Photographer will ensure that all materials are stored safely for the Client and make them available for future reproduction in return for the relevant fee.

The Photographer reserves the right to make reproductions of images created during assignments for, but not limited to, marketing, promotional, competition and editorial purposes.

Delivery

The Photographer will make reasonable endeavours to ensure that items delivered by a third party are suitably packaged for transit.  The Photographer cannot accept liability for loss and/or damage caused by a third party.  For valuable items, the Client should take out suitable insurance cover.  Upon written request, the Photographer will provide suitable loss and/or damage cover for an additional fee.

Clients who choose to have items returned to them without loss and/or damage insurance cover do so at their own risk.

Claims for damage, non-delivery or shortages will not be considered unless notified in writing within 7 days of delivery.

Confidentiality
The Photographer acknowledges that in the performance of the Services, she may receive information from the Client which is designated by the Client as confidential.   

Upon request from the Client, the Photographer agrees to keep this information confidential and not to disclose such information to other parties except as required by law.

Liability

The Client agrees that in all dealings with the Client, the Photographer's liability for any breach of these Conditions or any representation, act or omission (including negligence) shall be limited to the Fee paid in relation to the Services and the Photographer shall not be held responsible for any special, indirect or consequential or pure economic loss, costs, damages, fees or expenses.  

The limitation on liability shall also apply in the event that Photographs are lost through equipment malfunction, are lost in the mail or otherwise lost or damaged where the Photographer is not liable.

Nothing in these Conditions limits or excludes our liability for death or personal injury resulting from negligence or any damage or liability incurred by the Client as a result of fraud or negligence or fraudulent misrepresentation by the Photographer.  


Amendment of Price List and Conditions

The Photographer reserves the right to amend both the Price List and these Conditions without prior notice.

Images/Data Supplied in Electronic Format

For all images and/or data supplied to the Client in electronic format (including, but not limited to, electronic mail, CD's/DVD's etc), the Photographer will endeavour to ensure that the data sent is not corrupt before dispatch.  

The Photographer cannot be held responsible for any damage, disruption and/or loss of any kind that the said media may cause to the Client's computer or data.  The Client agrees to take similar steps to ensure that any data sent to the Photographer is not corrupt and is free of any viruses.

If a package includes a CD and/or DVD then the Client and/or third party has the right to make unlimited reprints.  However the copyright in all images remains with the Photographer.

Entire Agreement

These Conditions and the Booking Form constitute the entire agreement between the Photographer and the Client and supersede any previous agreements between the Photographer and the Client relating to its subject matter.

Third Parties

A person who is not a party to these Conditions shall not have any rights under or in connection with them.

Variation

Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by the Parties.  

Law

The construction, validity and performance of these Conditions shall be governed in all respects by the laws of Guernsey.

The courts of Guernsey shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Contract and any matters arising from it.  Each party irrevocably waives any right it may have to object to an action being brought in those courts, to claim that the action has been brought in an inconvenient forum, or to claim that those courts do not have the jurisdiction.

If any provision of these Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.