TERMS AND CONDITIONS

For a copy of the Terms and Conditions, email russell@studio97.co.uk

Updated May 2022

Colour Matching

 

The photographer will endeavor to provide images that reflect the colours seen on the day as close as possible however it is sometimes impossible to record the exact colour as seen by the human eye.


Artistic License

 

The Client acknowledges that Russell Clark (The Photographer) requires and retains discretion as to how his services are to be provided (e.g. choice of poses, lighting, lenses, etc.); that the Client is familiar with the Photographer’s portfolio and is requesting services with knowledge of the photographer’s style; that the photographer’s work is constantly evolving; that photographer’s services are of unique and artistic nature; that the images created may be different from images taken by the photographer in the past; and that in creating the images, the photographer shall use his personal artistic judgment to create images consistent with his personal vision of the session, which may be different from the Client's vision of the session. Accordingly, the Client acknowledges that the images shall not be subject to rejection on the basis of taste, aesthetic criteria, or personal appearance.


The photographer shall also strive to accommodate reasonable requests in regard to poses used, locations used and group shots taken, and will work with the client before and during the shoot to ensure the agreement is obtained from the client relating to the images chosen for taking to final edit. The Photographer shall however be granted artistic license in relation to the poses photographed, the location used and the shots were taken, as well as how he edits and produces the image(s).


The Photographer's judgment regarding the location/poses/groups and number of photographs taken shall be deemed correct. Due to the changeable weather and the willingness of subjects it may not be possible to capture all the photographs requested outside of the studio, if this is the requirement of the client.


Copyright


You, the Client gives the Photographer and all licensees and assignees the absolute right to copyright and use the photograph(s) taken at your session shoot and any other reproduction or adaptations thereof, in whole or in part, alone or in composite or altered form, or in conjunction with any wording or other photographs or drawings, for advertising, publicity, editorial or any other purpose including use on the Internet and World Wide Web or transmission by any other electronic means.


You, the Client understand that you do not own the copyright in the photograph(s) and waive any right to inspect or approve the finished use of the photograph(s) and that the copyright of the photograph(s) as per the United Kingdom Copyright Act 1988.


You, the Client, hereby release and discharge the Photographer and all licensees and assignees from any liability whatsoever, by reason of any distortion or alteration or use in composite or another form, whether intentional or not, which may occur in the making or use of the photograph(s). That being said the photographer will not distort, manipulate or alter any image taken by him that may discredit or embarrass the client in any way.

 

License to Reprint & Redistribute


The Photographer reserves the sole right of reproduction.

 

Reprint or other reproduction, by any person other than the photographer, including those made in electronic form is expressly forbidden as per the United Kingdom Copyright Act 1988.

Digital Images

In general, the photographer will not sell or give digital images to the client. However, examples of images that have been created / shot may appear on the website or send to the client for approval. 

 

Permission is NOT granted to the Client to print or reproduce images provided to them digitally or in printed form. Images are for the client’s sole use and for their sole enjoyment and not for financial gain or promotion of any business unless specifically agreed between the client and photographer.

The Client accepts that the images sent to them by the photographer, in digital form, may bear the copyright symbol of the photographer (RUSSELL CLARK).  In that case, the client agrees not to remove, alter, disguise or crop out the copyright symbol. However, images produced by the photographer, which is paid for by the client will not bear the copyright symbol, in most cases.

The client also understands that anyone, other than the photographer, does not have permission to download or screen-shot, from any source of media, any images taken by the photographer without prior written authorisation.

The client understands that the images that authorisation is granted to use will be those that are sent to the client directly by the photographer via electronic means (e.g. Messenger, email, etc) and that the client agrees not to alter/manipulate the images in any way, thus changing their original colour/format/look.

The client understands that the images sent to him/her will be 72dpi and not suitable for printing and also understands that he/she and anyone else does not have permission to print the images.

The Client also understands that he/she has the responsibility to police any images that are produced by the photographer, that they post on social media and the client agrees not to allow the images to be downloaded, altered, manipulated, or changed in any way by a third party.  The client accepts responsibility to take every precaution to prevent theft and re-posting of the images they use on social media. 

The client understands and agrees to pay a fee of £50 per image, within seven days of any such violation of this agreement.

 

Booking

 

You, the client, will agree with the photographer a time, date, and location of the shoot, as well as the duration of the shoot, prior to booking. Changes to the agreement should be made by the client or photographer at least 24 hours before the initial agreement and confirmation should be given by either party in acknowledgment of receiving the notification. Changes, by the client, should be sent via email to info@studio97.co.uk,  giving alternative times, dates, etc. Changes made by the photographer, due to unforeseen circumstances,  will be communicated via the email address provided by the client and backed up with either a phone call or message via social media. Any changes made to the initial agreement must be agreed upon by both parties and confirmed via email.

The Process

  1. The photographer and you, the client, will agree on, the location and a time and date for the shoot. and you, the client will pay a non-refundable booking fee of £50 which will cover the cost of the shoot.

  2. The shoot will take no longer than 2 hours.

  3. The photographer will, within 24 hours, provide the images for viewing on this website and a password for access.

  4. The client will choose which images are to be edited by the photographer and convey this information via email to the photographer.

  5. The photographer will endeavor to edit the images within one week of being instructed.

  6. Once the photographer is happy with the final images, the client will be contacted to make arrangements for a viewing of the edited images.

  7. On the day of the viewing, the client will choose which images they want for printing. An order will be placed and a 50% deposit will be paid by the client to confirm the order.

  8. The photographer will then send the images to the print lab and await their return.

  9. When the photographer has taken delivery of the prints he will contact the client to arrange a date and time for handing over the final printed images and for the client to make the final payment.

 

Communication

 

Both you, the client, and the photographer agree to adhere to professional communication etiquette. Failure to communicate efficiently, accurately, and in a timely manner may cause confusion, misunderstanding, and a breakdown in communication and relationship. 

 

Payment

 

On agreeing with the location of the shoot, the time, date, and duration of the shoot, the client agrees to pay a deposit of £50 to confirm the booking. The client accepts that the booking fee is non-refundable and will be paid for the services the photographer carries out in preparation for the shoot.

 

The client agrees to pay the remainder of the agreed fee before the shoot commences and in any event, at the latest, on the day of the shoot.

 

Payment for a booking and for the balance remaining is payable via our PayPal button below. Payment can also be made, by the client, in full at the time of booking, if this is preferred. 

 

The client will be sent an invoice, from the photographer, within 24 hours after payment has been received.

 

Changes to the Terms and Conditions.

 

If you, the client, wish for changes to be made to the Terms and Conditions, as set out above, you should communicate them to the photographer prior to booking a shoot. If new Terms and Conditions are to be drawn up, they must be agreed upon by both client and photographer, and a new version of the Terms and Conditions should then be provided by the photographer and sent to the client for approval.

 

The photographer reserves the right to change the Terms and Conditions at any time but the Terms and Conditions at the time of booking will apply if changes are made after.

 

Additional Services

 

I, the photographer,  will use my skills, knowledge, and photographic equipment to produce images that will be of sufficient quality (300dpi) and size for printing, up to sizes of 20" x 16", even if prints are not requested by the client at the time of the shoot.

 

I, the photographer, have the sole right to print and will provide a print service, using a professional print lab of my choice, to you, the client.

 

Prior to sending images to a print lab, I will use hardware and software calibration equipment to ensure that the colours of the images are accurately represented in the final print.

 

You, the client, and any third party, with the permission of the client may order prints from the photographer.

 

Images from the shoot will be stored and backed up to an external source for a maximum of 365 days after the shoot, for the convenience of the client, should additional images and/or prints be required within this period.

 

You, the client, understand and agree that permission to alter/manipulate, scan, copy or reproduce any printed images, produced by the photographer, in any way, thus changing their original colour/format/look and the material on which they are originally printed, is not granted without prior express permission from the photographer. 

 

Your Agreement

 

By paying a fee you, the client, acknowledge that you have read and agree to these Terms and Conditions.