Terms & Conditions

Thank you for choosing Mike Lister Photography! 

These Terms and Conditions of Service (‘Terms’), together with the details set out on the booking form, shall be the full agreement made between Mike Lister Photography (the ‘Photographer’, represented by Mike Lister or a duly authorised representative of the Photographer, as applicable) and the Client.  No variation or modification of these Terms shall be of any force or effect unless agreed by both parties, in writing. 

 Nothing in these Terms is intended to limit any rights the Client may have as a consumer under applicable UK law or other statutory rights that may not be excluded.

Booking

The Client will complete a booking form (electronic or hardcopy) confirming the chosen package, dates, etc (‘Booking Form’).  Upon receipt of the Booking Form, the Photographer will provide the Client with details of the required non-transferrable, non-refundable booking fee (‘Booking Fee’*).

 Payment of the Booking Fee will confirm the Client’s booking as well as the Client’s full acceptance of these Terms.

 Upon receipt of the Booking Fee from the Client, the Photographer will provide the Client with written confirmation (electronic or hardcopy) of the booking (‘Confirmation’).

 (*Booking Fee may be up to 15% of the total project fees up to £1,300.00)

 The Booking Fee will be deducted from the cost of the Client’s chosen package to determine the final balance due (‘Balance’).

Booking

The Client will complete a booking form (electronic or hardcopy) confirming the chosen package, dates, etc (‘Booking Form’).  Upon receipt of the Booking Form, the Photographer will provide the Client with details of the required non-transferrable, non-refundable booking fee (‘Booking Fee’*).

 Payment of the Booking Fee will confirm the Client’s booking as well as the Client’s full acceptance of these Terms.

 Upon receipt of the Booking Fee from the Client, the Photographer will provide the Client with written confirmation (electronic or hardcopy) of the booking (‘Confirmation’).

 (*Booking Fee may be up to 15% of the total project fees up to £1,300.00)

 The Booking Fee will be deducted from the cost of the Client’s chosen package to determine the final balance due (‘Balance’).

Payment Terms and Payment

The Photographer’s payment terms are strictly 30 (thirty) days from the date of the relevant invoice (‘Due Date’) unless otherwise agreed in writing.

 The Photographer reserves the right to claim, from the Due Date until such date as the Balance is paid, interest, compensation and reasonable costs on any outstanding amount under the Late Payment of Commercial Debts (Interest) Act 1998, including any amendments, modifications or re-enactments.  In the event the Late Payment of Commercial Debts (Interest) Act 1998 does not apply, interest shall be payable at the rate of 8% over the Bank of England Base rate, from time to time.

 Additional goods ordered shall be paid for in full at the time of ordering.

Fees, Charges and Timing

The Photographer’s fee, as stated in the Confirmation, will be charged at the agreed rate, based on the details provided by the Client on the Booking Form.

The Photographer reserves the right to charge the Client additional expenses and fees (‘Charges’) resulting from and including the following:

  • alterations to the brief contained in the Booking Form, including changes to the length of the job;
  • If the Client is delayed or running late and the job runs into extra time;
  • Incorrect information received from the Client regarding a booking (e.g. location, time etc.) or the Client fails to arrive at the agreed location/time, the Client will be liable for the Photographer’s full fee (the full fee shall be the Booking Fee plus Balance plus Charges);
  • In the event of cancellation/postponement (see section on Cancellation/Postponement);
  • Congestion charges, road toll charges and parking costs; and
  • Quoted fees include mileage up to 80 miles round trip, unless otherwise specified.  Additional mileage will be charged at 45 pence per mile thereafter.

 If it becomes apparent, upon commencement of the job, that the job is bigger than expected, the Photographer reserves the right to increase the fee accordingly.  If the Photographer is unable to contact the Client/payer of the invoice at that time, the job will be halted until such time as contact can be made with the Client/payer and there is agreement on the amended fee.

 If, upon arrival at a booked job, there is an issue (outside of the Client and/or Photographer’s control) such as bad lighting or there are restrictions in place at the location), the Client may incur a Charge to cover time.

 Unless a rejection fee has been agreed between the Client and the Photographer in advance, the Client shall have no right to reject the job on the basis of style or composition.

Cancellation/Postponement

The Photographer may, at its discretion, charge a fee for cancellation/postponement of a job for which Confirmation has been issued.

The following cancellation/postponement Charges may apply:

  • If the Client cancels within less than 5 business days of the confirmed date, a fee of 25% of the booked time rate will be charged;
  • If the Client cancels within less than 3-4 business days of the confirmed date, a fee of 50% of the booked time rate will be charged;
  • If the Client cancels within less than 48 hours of the confirmed date/time, a fee of 75% of the booked time rate will be charged; and
  • If the Client cancels within less than 24 hours of the confirmed date/time, 100% of the booked time rate will be charged

The Photographer may, at its discretion, charge the Client for any expenses incurred by the Photographer in the event of a cancellation or postponement.

Coverage and Creative License

The Photographer is hereby granted complete artistic license over the photography session and the Client hereby acknowledges and accepts that the photographic coverage of the event shall be based on the Photographer’s professional expertise, including poses, location, and number of images taken and submitted to the Client.  

The Client may submit any written special requests, if not included on the Booking Form, to the Photographer but these shall not be deemed binding instructions.  The Photographer shall make a concerted effort to comply with the Client’s request but does not undertake to guarantee any special requests and/or specific pictures. 

 The Client acknowledges and understands that, due to the vagaries of the weather and the willingness of subjects, it may not be possible to capture all the images requested. 

 The Photographer’s equipment is checked regularly, and all reasonable steps will be taken to ensure that back-up equipment is available, however, the Photographer will not be responsible for specific images not being produced due to technical failure.

 Certain ceremonies and venues may impose restrictions on the Photographer’s view and/or movement.  Images produced in these circumstances may not be the Photographer’s choice and the Photographer accepts no responsibility for any such obstruction of view and/or restriction on movement.  The Client shall be responsible for securing the appropriate permissions to photograph, as required.

Travel Expenses

Unless otherwise specified, the Client shall be responsible for reimbursing the Photographer for all travel expenses including, but not limited to mileage costs, tolls and parking fees. 

Packages

The Photographer offers a range of packages from which the Client may choose from.  The Client will complete a Booking Form and the Photographer will issue a Confirmation which shall include details of the chosen package.

Examples of packages include:

  • ‘Client for Life’ – One 90 minute session every year for the rest of the Photographer’s working life. Client for Life travel is included for up to 90 minute travel from Plymouth. Additional travel expenses are not included and will be invoiced separately. 
  • Family Session – up to 90 minutes. Further details as per the Booking Form.
  • Engagement Session – up to 60 minutes. Further details as per the Booking Form.

Travel within 1 hour of Plymouth is included in all package sessions.

The Client will have an opportunity to purchase prints or digital images taken during a package session.

Delivery

The Photographer shall endeavour to deliver, and the Client shall be able to download, the Client’s images as digital negative files from a secure Client portal as soon as possible but within 6 weeks from date of the job.  The Client is strongly advised to immediately make a copy/backup of these downloaded images.

 The Photographer has taken every precaution to protect their site, systems and the Client portal, however, these are provided ‘AS IS’, and all material (including the digital negative files) accessed or downloaded from the Client portal is obtained and used at the Client’s own risk. It shall be the responsibility of the Client to use appropriate virus/protective software and the Photographer shall have no liability for viruses or damage to files resulting from accessing and/or downloading the digital negative files from the Client portal.

Images

Availability

The Client’s images will be available to view and/or download from a secure Client portal for 60 days from date of commission of the images (‘Exclusivity Period’) unless a longer period has been agreed, in writing, between the Client and the Photographer.  From this Client portal, the Client will be able to view, download and print any images they wish.  Depending on the size of the Client’s image file, the Photographer may use OneDrive to share the images, as appropriate.  The Photographer is under no obligation to keep and/or maintain copies of the Client’s images beyond the Exclusivity Period, unless an extended period has been agreed between the parties.

Use

Any and all images, including digital files, shall remain the copyright property of the Photographer.  The Client may only use these images as set out on the Booking Form. The Photographer grants to the Client a limited licence to use subject to there being no financial and/or commercial gain.

If the Client is a company, such Clients shall be licensed to use the commissioned images for marketing, PR and editorial use, in perpetuity.  Any publication of the photographs to gain publicity for companies other than the original commissioning Client company shall be liable to pay a reproduction fee to the Photographer

The original digital working files (Nikon Raw / Canon Raw) shall remain the property of the Photographer and shall not be delivered to the Client unless the Client and the Photographer enter into a separate agreement for such. 

No rights shall be granted to the Client to create derivative works.  The Client shall adhere to the use restrictions, as stated on the Booking Form, and no other use may be made of the images, including manipulation or partial use, without the express written permission of the Photographer.  

The Client may purchase the original data files from the Photographer for an additional fee (typically 1/3 of the completed project fee), together with an agreement to create derivative works.

 

Colour Matching

The Photographer shall strive to achieve a pleasing colour balance, but this cannot be guaranteed, and some colours may change throughout a set of images owing to anomalous reflectance and varying lighting conditions. 

Retouching

The Photographer may perform a standard amount of retouching by digitally enhancing some of the images to improve the quality of the image.     

Number of images

There is no guarantee that a specific number of images will be produced for a particular booking.  The Photographer will, however, attempt to produce more images in order to deliver in accordance with the requirements set out in the Booking Form. 

The Photographer shall present the Client with the final selection of images, excluding those that have not passed the Photographer’s quality control. 

Retention, Storage and Archiving

The Photographer agrees to retain all digital images already provided to the Client for the duration of the Exclusivity Period. 

After the Exclusivity Period has expired, the Client’s images shall be stored and archived for a period of 1 year. 

Should the Client make a request for archived images and/or require additional storage time, an administration fee will be charged.

The Photographer shall protect archived images against loss and theft for the 1 year period.  Should archived images be lost or stolen within this 1 year period, the Photographer’s liability shall be limited to the return of all payments received for the contracted event.

Albums

Album prices are provided as a guide and will be subject to production costs that the Photographer has no control over.  Where an album is included as part of the package, the Photographer reserves the right to change the album, subject to availability, to an album of similar and/or equal value and quality.

Exclusivity Period

The entire copyright, intellectual property rights and title of any and all images produced by the Photographer shall remain that of the Photographer at all times and throughout the world.

The Photographer shall grant to the Client an appropriate period of exclusivity of 60 days to publish the images to the exclusion of all others.

After expiration of the Exclusivity Period, the Photographer shall be entitled to archive the images or use them for any reasonable purposes (unless otherwise agreed), including but not limited to, promotional material for the business (website, sample albums, advertising, social media, exhibitions, portfolios, direct/indirect advertising, articles and brochures) and editorial work.

Copyright

Unless otherwise stated, the entire copyright, intellectual property rights and title of any and all images produced by the Photographer shall remain that of the Photographer at all times and throughout the world, in accordance with the provisions of the Copyright, Designs and Patents Act 1988 and any and all other such applicable laws and directives. 

The Photographer asserts his moral right to be identified as the author of all images, by the words: ‘Photographs by Mike Lister Photography’.

Any images, including digital files, shall remain the copyright property of the Photographer.  The Client shall be permitted to share, store, copy or print the images for personal, friends and/or family use only, subject to there being no financial and/or commercial gain.

Limitation of Liability and Indemnity

In the unlikely event of a total photographic failure or the Photographer is unable to perform the session in accordance with the guidelines of the Booking Form due to circumstances beyond the Photographer’s control, the Photographer’s full liability shall be limited to the return of all payments received for the contracted event.

In the event that the Client’s images should be lost, stolen or destroyed, the Photographer’s liability shall be limited to the return of all payments received for the contracted event.  The limit of the liability for partial loss of the original images shall be prorated based on the number of exposures lost as a percentage of the total number of originals.

Notwithstanding the foregoing, this does not in any way exclude or limit our liability to the Client for any death or personal injury resulting from the Photographer’s direct negligence.

In all instances, our liability will be limited to the maximum extent permitted by law.

The Client shall obtain all necessary rights, model releases or consents in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any image captured by the Photographer. In the event that an image is issued or reproduced by or with the authority of the Client for which the necessary rights, releases or consents, have not been secured, the Client hereby agrees to indemnify the Photographer against all claims, damages, expenses, or legal costs that may arise out of any such failure.

Confidentiality

The Photographer will keep confidential and will not disclose with any third parties or make use of material or information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his obligations in relation to the commission.

Data Protection

The Client’s information and data shall be collected, stored, processed and protected in accordance with the requirements of the General Data Protection Regulation 2016/679.  Please review the Privacy Policy on our site for more information.

Parental Permission

It shall be the Client’s responsibility to obtain written permissions from the parents and/or guardians of any persons under the age of 16, as applicable.  Written permission shall also be required to allow for the identification and publication of images of children.

The Photographer accepts no liability for non-supply of pictures if parental permission has not been granted.

General

Entire Agreement

These Terms, together with the Booking Form and the Confirmation, represent the entire agreement between the Client and the Photographer in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between the Client and the Photographer, whether oral or in writing. 

The Client acknowledges that, by agreeing to these Terms, s/he has not relied on any representation, undertaking or promise given, either expressly or implied, from anything said or written between the Client and the Photographer prior to such Terms, except as expressly stated in the Terms, Booking Form or Confirmation.

Force Majeure

This shall be an event that occurs that prevents either or both parties from due performance of their obligations under these Terms.  Force Majeure may include failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks or wars.

If either Party is prevented from or delayed in performing their obligations under these Terms as a direct result of Force Majeure the Parties will be relieved of their respective obligations to perform.  In the event of Force Majeure, the Photographer shall be entitled to payment of all expenses incurred up till date of Force Majeure, including the Photographer’s time.

Personal Accident

The Photographer may request reasonable poses during a session.  Any directions issued by the Photographer to the Client or any other subjects shall be at the Client’s/subject’s own risk.  The Photographer shall not be held responsible for any personal accidents of any kind during a photo shoot.

Waiver

The Photographer’s failure to enforce any of the rights or provisions afforded under these Terms will not be considered a waiver of those rights. 

Severability

If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

Governing Law

These Terms shall be governed and construed in accordance with the laws of England and Wales.  The Client agrees to submit to the personal and exclusive jurisdiction of the courts of England to resolve any legal matter arising from these Terms.

Notices

All notices shall be served in writing, as per contact details provided on the Booking Form.

Complaints

Should the Client have any complaints, these should be raised with the Photographer, in writing, within 28 days of first becoming aware of a matter to be complained of or, in any event, within 28 days of delivery of the images.

Contact Us

If you have any questions, queries and/or concerns about these Terms, please feel free to contact us at:

Mike Lister Photography.

07815141779
mike@mikelisterphotography.co.uk
https://mikelisterphotography.co.uk