TERMS & CONDITIONS
In this Agreement the terms (a) image includes a digital image, digital scan, photograph, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction: (b) reproduction includes any form of publication or copying of the whole or part of any image and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means (c) the Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party).
(a) The entire copyright in the images is retained by I am Photo Photography at all times throughout the world.
(b) I am Photo Photography supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those images in a given context. No property or copyright in any images shall pass to the Client whether on its submission, or on I am Photo Photography grant of reproduction rights in respect thereof.
(c) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.
(a) The Licence to Use comes into effect from the date of payment of the relevant orders(s). No use may be made of the images before payment in full of the relevant order(s) without the express permission of I am Photo Photography (b) Reproduction rights granted are personal to the Client and may not be assigned, nor may any image submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights. (c) I am Photo Photography reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.
(d) Reproduction rights are not issued exclusively to the Client except when specified on the invoice.
(e) Permission to use the images for purposes outside the terms of the Licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use.
(f) Unless otherwise agreed in writing, all further Licences in respect of the images will be subject to these Terms & Conditions.
4. Client Confidentiality
(a) I am Photo Photography will only keep confidential information to inform past clients of any offers and will not disclose to any third parties. You may opt out of receiving offer emails at any time.
(b) They will however, be able to make use of images for the purposes of the website, competitions and advertising, save as may be reasonably necessary to enable I am Photo Photography to carry out their obligations in relation to the commission.
(a) While I am Photo Photography takes all reasonable care in the performance of this agreement generally, they shall not be liable for any loss or damage suffered by the Client or by any third party arising from use or reproduction of any image or its caption.
(b) The Client agrees to indemnify I am Photo Photography in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any image supplied to the I am Photo Photography.
(c) It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that I am Photo Photography gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any image. In the event that the image issued or reproduced by or with the authority of the Client then the Client shall indemnify I am Photo Photography against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
(a) A reservation fee may be required to book your session time. It is refunded at the viewing appointment provided appointments (including the viewing appointment) have not been missed.
(b)Payment terms are strictly on booking of the photo session by bank transfer, credit or debit card or by cash. Wall products, albums, digital images or other products will be charged per the current price list on the day of ordering.
(c) If payment is not made in accordance with (a) above then I am Photo Photography will not fulfil your booking or order.
(d) Once an order has been processed by our post-production team no refunds can be made.
(a) There is no right to reject on the basis of style, composition or editing.
8. Cancellation & Postponement
(a) Once the Client has made a booking for a specific time and date, I am Photo Photography will not accept any other work from other clients for those times and dates.
(b) As a result, once a booking is made for a portrait session, occasion or event, if it is subsequently cancelled, the full booking fee will still be charged to the client according to the following schedule.
(c) I am Photo Photography will allow postponements due to inclement weather and family emergencies as long as the session is re-booked within a 30 day period.
9. Delivery Policy
(a) No frames or other products will be delivered to clients due to the fragile nature of the products. We require that all products are collected and checked by the clients.
(b) If clients wish to have their products shipped (for an extra charge), I am Photo takes no responsibility for the delivery service or the condition of the products on arrival.
(a) Any sessions won in competitions may be a subject to a booking fee to reserve the session slot. It is refunded at the viewing session provided no appointments are missed including the viewing appointment.
(b) Any photographic products won in competitions may only be claimed providing the winner attends a photographic session and a viewing appointment within 30 days after their session.
(c) Prizes are not transferable and must be accepted as offered.
(d) No cash alternative is available and cannot be used against any other products.
11. The Dog of the Month Competition Terms and Conditions
The winners of the Xperience Group’s Dog of the Month Competitions are decided purely by the highest number of Likes or Loves on our monthly competition albums on our Facebook page.
There will be one winner announced each calendar month.
How to vote:
To vote, you need to ‘Like‘ or ‘Love‘ the image of your choice in the relevant Dog of the Month competition album found on our Xperience Group Facebook page. The Winning dog(s)* image will have the most combined ‘Likes’ and ‘Loves’. * rules ammended 26/06/2019
Alternative ‘reactions’ (‘Haha‘, ‘Wow‘, ‘Sad‘ and ‘Angry‘) will not count as a vote. You can only vote for an image once: Facebook will only allow individual accounts to ‘like’ or ‘love’ once per image.
‘Likes‘ or ‘Loves‘ will only be counted on the images that are in the competition album on the Xperience group’s Facebook page. ‘Likes‘ or ‘Loves‘ on images shared outside of the album will not be counted.
In the event of a tie, the winning image will be decided by an independent judge chosen by The Xperience Group.
Participation in the competition:
Choose one image from your Dog(s)* portrait session to enter into The Xperience Group’s Dog of the Month Competition. It will be up to I am Photo Photography and the Xperience Group to submit and upload your chosen image to the Dog of the Month Facebook album for the public vote. * rules ammended 26/06/2019
Owners who choose to participate in the competition accept that their dog(s)* image can be viewed, voted for and commented on by the public on Facebook. * rules ammended 26/06/2019
Prior consent has been given from owners of the dog(s) featured in each monthly competition. All images submitted into Dog of the Month have been professionally photographed by I am Photo Photography, that have actively agreed to participate in this competition. * rules ammended 26/06/2019
The winning entry from each month: Owners have given their consent for the images to be used in any relevant media content created by the Xperience Group. This includes marketing, packaging, advertising, website and social media. This can also include raising awareness on social media for this competition.
The Xperience Dog of the Month Competition is not associated with any other competition. The promotion of other competitions on the Dog of the Month Facebook page is prohibited.
Competition prizes and notification
There will be one winner announced each calendar month. The monthly prize for the winning image is £200 cash and will be presented by your Xperience photographer.
In the event of circumstances arising outside of our control, The Xperience Group of Photographers reserve the right, to cancel or change the competition at any stage.
The decisions of The Xperience Group are final, and no correspondence will be entered into.
The competition is not open to employees, contractors or members of The Xperience Group.
The Xperience group’s Dog of the Month photography competition is administered by The Xperience Group.
* rules ammended 26/06/2019 - The amended rules allow multiple dogs to be featured in the photographs from the July 2019 competition entry.
(a) Every effort will be made to archive the images. However, I am Photo Photography makes no warranty about the nature of its archive past the date of first delivery of final images. Clients should treat any delivered digital files carefully, and we recommend that you make at least two copies, one being on the cloud for the duration of the licence.
The client hereby allows the photographer to display any of the images taken under this contract in their studio, portfolio, on social media, for advertising, promotional material or upon entering industry competitions.
14. Applicable Law
(a) This Agreement shall be governed by the laws of England & Wales.
(a) These Terms & Conditions shall not be varied except by agreement in writing.