Terms of Service

DREAM LIFE PHOTOGRAPHY - TERMS & CONDITIONS

PHOTOGRAPY: Definitions

“The Client” means any person, body of persons, School, Academy or Company with whom Dream Life Photography enters into a contract, verbal or written, for the sale of goods or provision of services by Dream Life Photography.

Acceptance of Terms and Conditions

All contracts and transactions between Dream Life Photography and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between Dream Life Photography and all or any of its Clients.

In accordance with the Copyright, Designs & Patents Act 1988, the copyright of
all photography taken by a Dream Life Photography commissioned photographer is retained by Dream Life Photography and cannot be used by a third-party organisation unless pre-agreed with Dream Life Photography.

Clients have the licence to use the photography without seeking permission for internally produced publications such as internal magazines, newsletters, exhibitions, displays, banners, posters, adverts, intranet websites but excluding prospectuses, school marketing brochures, websites and any material produced by a third-party supplier.

Exclusivity

Dream Life Photography retains the right in all cases to use the photographs for the purposes of advertising or otherwise promoting their own work.

Client Confidentiality

Dream Life Photography will keep confidential and will not disclose to any third parties or make use of material or information communicated to them in confidence, for the purposes of the photography.

Indemnity

The Client agrees to fully indemnify Dream Life Photography in respect of any claims or damages or any costs arising in respect of claims for copyright violation made by a third party. Obtaining parental consent for student/child photography usage is compulsory and should be undertaken in advance by the Client. The Client shall be responsible for obtaining such clearances and will indemnify Dream Life Photography against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.

Expenses

Where extra expenses or time are incurred by Dream Life Photography as a result of alterations to the original brief or otherwise at their request, the Client shall give approval to and be liable to pay such extra expenses or fees at Dream Life Photography’s normal rate to Dream Life Photography, in addition to the expenses agreed or estimated.

Rejection

Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition. It is the Client’s responsibility to ensure that they are dressed and styled appropriately to the photography session.

Cancellation & Postponement

A booking is considered firm as from the date of confirmation. Accordingly, Dream Life Photography will charge a fee for cancellation or postponement. When a booking is cancelled, the percentage of the booking fee charged as a cancellation fee will depend on the amount of time still to elapse before the photography date.

Cancellations/postponements due to Weather Conditions

Dream Life Photography cannot be held responsible for cancellation due to inclement weather conditions.

Cancellation Rates

0 to 2 weeks - 100% of booking fee, 2 to 3 weeks - 75% of booking fee, 3 to 4 weeks - 50% of booking fee 4 weeks + - No charge

Payment Terms

For all non-account and new Clients, an initial non-refundable deposit must be paid prior to the photography date. For non-account holders, payment of the balance must be settled on the day of the session and prior to Dream Life Photography releasing the High Res Images. In respect of account-holders, the Photographer reserves the right to withdraw account facilities and services without notice should the Client fail to pay the Photography invoice(s) within 14 days.

Representation

In relation to photography work commissioned by a school or other academic institution, the Client shall ensure that there is an authorised representative present at the assignment to ensure the correctness of the Photographer’s interpretation of the Client’s brief. The Client shall be responsible for the behaviour of any persons accompanying the photographer on the assignment. The onsite Photographer reserves the right to terminate any assignment without notice if they deem the Client’s behaviour or those they accompany, to be unruly or unsafe.

Short Notice or Rush Services

Dream Life Photography reserves the right to make an additional charge should the Client request a Short Notice or Rush service. This service is subject to availability and cannot be guaranteed.

Images/Data Supplied in Electronic Format

For all images/data supplied to the Client in electronic format (including but not limited to electronic mail, CD’s/DVD’s etc.), Dream Life Photography will endeavour to ensure that the data sent is not corrupt and is virus-free before despatch. Dream Life Photography cannot be held responsible for any damage, disruption and/or loss of any kind that the said media may cause to the Clients computer or data. The Client agrees to take similar steps to ensure that data sent to the Dream Life Photography is not corrupt and virus-free

Applicable Law

This agreement shall be governed by the laws of England, Wales and Scotland.

Variation

These Terms and Conditions shall not be varied except by agreement in writing.