Definitions
For the purposes of this agreement,
The Photographer is Matthew Marsh trading as Matt Marsh Photography Ltd
The Client, refers to the person / persons / Company listed on the booking.
Photograph / Image means all photographic material supplied by Matt Marsh Photography Ltd, this includes prints, files, designs or any other item that is supplied by Matt Marsh Photography Ltd for the purpose of reproduction.
Session / Photoshoot / Shoot refers to the date / time allocated to the client to conduct the booking
Booking / Cancellations / Payments
Individuals
The client will be required to initiate the booking via Matt Marsh Photography Ltd’s website / online booking platform currently Calendly.
The 50% Deposit / Pre-payment is due immediately to secure the date / time chosen by the client, the amount will vary depending on the type of photoshoot booked. The remainder of the session fee will be due 2 weeks prior to the session date.
Payments are made via debit / credit card on my online booking portal ( calendly ) via stripe
The Deposit is non refundable but may be transferred to another date providing 14 days notice is given. There is a re-arrangement fee of £25 incl VAT.
If the client decides to cancel more than 14 days in advance of the session, the deposit / prepayment 50% will be forfeited. If the client cancels within 14 days, 100% of the session fee will be forfeited. A no show will be considered a cancellation. Always Email Matt Marsh Photography Ltd as soon as possible to avoid loosing fees / monies paid.
You will receive confirmation of your session and photoshoot preparations / advice by email and text if you opt in to text messages.
All photo shoots include the use of my props / gym equipment subject to availability – the upmost care is taken to ensure the condition of props, any use during photo shoots, is entirely at the clients’ risk and can only be used providing a PAR Q Health questionnaire has been filled out. It is the responsibility of the client to notify the photographer if there are any medical conditions or physical disabilities that may have an effect on the photo shoot.
On making a booking you agree that you have looked at the photographs within the website and are happy with the photographers ‘style’. If you are looking for a different ‘style’ of photograph – this must be discussed before making your booking.
On making a booking you have clicked the tick box confirming you agree to these terms and conditions.
Group and Individual Group Bookings
The client will be required to initiate the booking via Matt Marsh Photography Ltd’s website / online booking platform currently Calendly.
The 50% Deposit / Pre-payment is due immediately to secure the date / time chosen by the client for group bookings, the amount will vary depending on the type of photoshoot booked. The remainder of the session fee will be due 30 days prior to the session date. The exception to this is Individual Group Bookings where the group are all booking individually, full payment is required in advance.
Payments are made via debit / credit card on my online booking portal ( calendly ) via stripe
The payment is non refundable and non transferable.
Group shoot date / times cannot be changed.
You will receive confirmation of your session and photoshoot preparations / advice by email and text if you opt in to text messages.
All photo shoots include the use of my props / gym equipment subject to availability – the upmost care is taken to ensure the condition of props, any use during photo shoots, is entirely at the clients risk and can only be used providing a PAR Q Health questionnaire has been filled out. It is the responsibility of the client to notify the photographer if there are any medical conditions or physical disabilities that may have an effect on the photo shoot.
On making a booking you agree that you have looked at the photographs’ within the website and are happy with the photographers ‘style’, if you are looking for a different ‘style’ of photograph – this must be discussed before making your booking.
On making a booking you have clicked the tick box confirming you agree to these terms and conditions.
Cancellation by the Photographer
Every effort will be made not to cancel, however in the unlikely event I need to for any operational or reasons beyond my control such as but not limited to ( Sickness, Death, Injury, Flood, Snow, Power-cut, Breakdown etc ) I will let you know at my earliest opportunity and will be limited to a full refund of monies paid to Matt Marsh Photography Ltd only. I cannot be held liable for any 3rd party services / costs such as – (Make Up, Hair, Tans, Hotels, Travel etc ) .
Session
Matt Marsh Photography Ltd will make every effort to produce all requested images, no particular composition or image will be guaranteed. The photographer’s judgement in all matters regarding locations, composition, poses, number of photographs taken and all such like matters shall be deemed to be correct. To allow Matt Marsh Photography Ltd to fulfil its contracted duty, all 3rd Party contractors ( videographers / make up artists etc ) must contact Matt Marsh Photography Ltd to ask permission. If permission is granted, a copy of their public liability insurance will be required. Minimum 5 Million. Minors are not permitted in Matt Marsh Photography’s studio nor can they be accompanied by an adult.
Matt Marsh Photography Ltd reserves the right to refuse anyone access to the studio.
Copyright / Ownership and Use of Materials
Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988. The Copyright and Design Act 1988 assigns the copyright of the images to the photographer. It is contrary to the Act, and therefore illegal, to copy or allow to be copied photographically/electronically or by any other means, an image created as part of this contract without the permission of the Photographer in writing.
The Client must only use the images for personal use. With any high resolution images provided to the client, they may make good quality prints for personal use and sharing, as well as uploading images to use for personal blogs, sites, and social networks. The Client must ensure that any images shown by the Client to others are the original images provided by Matt Marsh Photography Ltd
The Client must not publish any images for a commercial purpose, sell any images or enter any images into any competition without Matt Marsh Photography Ltd’s prior written permission. The Client must not allow a third party to do any of these things. Matt Marsh Photography Ltd will require compensation prior to providing the Client with written permission for commercial use. Matt Marsh Photography Ltd reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.
Unless the Client specifically states on the model release at the time of this agreement, the Client gives permission to Matt Marsh Photography Ltd to use any image from their session for editorial, trade, advertising, industry competitions and for portfolios and reasonable advertising incl social media platforms for Matt Marsh Photography Ltd.
Matt Marsh Photography Ltd will be understanding of any sensitivities around photo usage. If the Client does not wish their photographs to be used by Matt Marsh Photography Ltd for editorial, trade, advertising, industry competitions or for portfolios or reasonable advertising and they have not written this in the model else instructions, the Client must inform Matt Marsh Photography Ltd immediately in writing.
Archiving of Images
Matt Marsh Photography Ltd will endeavour to keep / backup all images for a period of 30days. Raw files are kept on an external hard drive and RAW JPEGS ( 3888×2592 pixels @240DPI ) will be uploaded to a cloud service currently Smugmug / Hightail. If archived photographs are required after that time or additional storage time is required an admin fee will be charged. Any images lost within 30 days, a full refund of the booking cost will be refunded.
Failure / Force Majeure or Act of God
Whilst every care is taken at every stage of the photographic process, Matt Marsh Photography Ltd shall not be liable to the client for any failure, in whole or in part, to fulfil their obligations of a booking where failure arises as a result of an event or circumstances beyond her control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury.
Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.
Matt Marsh Photography Ltd can accept no responsibility for any losses incurred as a result of any such failure beyond a full refund of the original photo shoot fee.
Data / Privacy
Matt Marsh Photography Ltd will store your name, contact details and session information on a private internal database. These details will not be made available to companies or individuals outside of Matt Marsh Photography Ltd other than Law Enforcement, Legal Requirements and instances where it is required to fulfil your order.
Matt Marsh Photography Ltd may contact you by post, telephone, SMS text, social media messaging or email in relations to your booking / session but I will not sell or pass on your details to anyone else.
On social media sites your name / profile may be ‘tagged’ to photos or in posts – this is to draw your attention to the material shown.
As set out in Copyright / Ownership and Use of Materials– Matt Marsh Photography Ltd holds the right to use any of the photographic and/or video material taken for the use of: advertising, use on websites, social media, leaflets, posters or by any other means in print and online. If you wish to remain anonymous please detail this on the model release prior to your session and your name/s will not be mentioned or let Matt Marsh Photography Ltd know in writing.
Limitation of Liability
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
Personal Accident
Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
Agreement
The Client has read and understood the terms of this agreement. This agreement contains the entire understanding between Matt Marsh Photography Ltd and the Client. The only way to add or change this agreement is to do so in writing, signed by all the parties. On making a booking you have clicked the tick box confirming you agree to these terms and conditions.
Applicable Law
This agreement shall be governed by the laws of England and Wales
