Full Terms and Conditions

Deanne Ward Photography is a trading name for Studio 4 Ltd
Registered in England and Wales. Company number 10826202
Registered address: Oakley House Headway Business Park, 3 Saxon Way West, Corby, NN18 9EZ
Correspondence address: Deanne Ward Photography, PO Box 121, Thrapston, Kettering, NN14 4ZQ
Phone number: 01832 735245 Mobile; 07785 704089
E-mail: contact@deanneward.co.uk Web: www.deanneward.co.uk

Terms & Conditions
In the following Terms and Conditions:
Business” shall mean Deanne Ward Photography
Client(s)” shall mean “You” the Parties to the Contract;
Event” shall mean the Event or photo shoot title inserted into the Contract;
Photographer(s)” shall mean Deanne Ward Photography
Products” shall mean any wall art, discs, USB, albums or other items listed in the Contract;
Services” shall mean photography to be carried out at the photo shoot event and any other Services agreed between the Client(s) and the Photographer and set out in the Contract;

It is agreed that the following terms and the Contract set out the entire agreement made between the parties, and that no variation or modification of the contract shall be effective unless agreed by both parties in writing.  Each party acknowledges that, in entering into the contract, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in the Contract and these Terms & Conditions.

Booking Fee
The Photographer(s) will confirm the Event, Date, Time, Services upon receipt of cleared funds in respect of the Booking Fee.  If no Booking Fee is received within 7 days of the initial enquiry or signing the Contract then the Photographer may offer the Date of Event to another client. The Parties acknowledge that the Booking Fee is non-refundable or transferable in the event of cancellation by the Client. 

Payments
Deanne Ward Photography will be in contact with you prior to your photo shoot to discuss arrangements, if this is deemed necessary. All payments must be received in cleared funds prior to the Event. No photographs or products will be available to collect until all payments have been received in full in cleared funds. Where payment is to be made by a third party, the Parties acknowledge that they shall remain responsible for any balance outstanding in respect of the Contract.  Products can be collected from the Studio. We can ship to any address where shipping is charged at cost.

License and Coverage
The Photographer(s) shall be granted artistic license in relation to the poses photographed and the locations used.  Although every effort will be made to comply with the Clients’ requirements, the Photographers’ judgement regarding the location, poses and number of photographs taken shall be deemed correct and not subject to dispute. Whilst the Photographer(s) shall endeavour to fulfil the Clients’ requirements, the Photographer(s) cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings, preventing the coverage of certain specified shots.
Any alterations made to this Contract by the Clients once details have been confirmed may only be made at the discretion of the Photographer(s) and should be agreed in writing.

Use and Display of Images
The Clients hereby allow the Photographer(s) to display any images relating to the Contract and to generally promote the Business in the Photographer(s) portfolio and by means of advertising, publicity material, websites, exhibitions, competitions, magazine articles, and other such media, providing that the images are used lawfully and without damage to the Client(s). By signing this contract you consent to the use of such images.  Images placed in password protected galleries within the website are not available to the general public in the normal course of events.  The Photographer(s) agree not to resell any image to a third party other than with prior written consent.

Image and Reproduction
All print and presentation sizes quoted are approximate and subject to change at the discretion of the Photographer(s) and may be subject to slight variation.  Whilst every effort will be made, the Photographer(s) cannot guarantee exact colour matching and is not held responsible for any colour variations which may occur due to light and location variations. Due to limitations of computer monitors and variations of computer operating systems, it is understood that images viewed via this method may appear differently according to the specification of each monitor/computer and that prints may not match images rendered on any particular computer monitor. Where images are made available for use on a CD/DVD player by disc, reasonable steps are taken to ensure compatibility, but you acknowledge that discs may not play on all CD/DVD players and computers. Only quality branded CD’s and DVD’s are used and each is checked prior to delivery.  However, it remains the responsibility of the Clients to check for in-transit damage. The Photographer(s) cannot be held responsible for damage to equipment resulting from defective media.

Retouching
Your images will be edited to print standard. Retouching, digital manipulation and artist finishing is available to the Client as an optional extra.

Reorders
All reorders shall be treated as an extension of the Contract and no responsibility for any error will be accepted unless orders are provided in writing.

Price List
Only the list of prices supplied by Deanne Ward Photography on the date the Photo shoot is agreed, and no prior price list, shall apply

Products
In the event a product (such as a frame design) is no longer available a suitable alternative of similar quality will be offered.  The photographers’ choice of an alternative will be deemed as correct and acceptable to the Client(s). Any surcharge resulting from the order of a new product following rejection of a replacement will be the responsibility of the Client(s). Digital Files will be stored by the Photographer for a minimum of 12 months after the event date. There is no guarantee they will be kept any longer. Products are guaranteed to be fit for purpose and against defect in accordance with the period of time the manufacturer offers. All images will be available to view at a post-shoot viewing held at the a mutually agreed venue.

Viewing
All post photo shoot viewing takes place at a mutually agreed date and venue. Frame options, mounts, glass and wall art choices will be made available and samples shown. All wall art orders must be placed within 4 weeks of the photo shoot, failure to do so may result in additional costs being incurred by the album manufacturers. Wall art and installations are normally delivered 6 weeks after the images have been confirmed and signed off by the Client.

Delivery
Products other than digital files are bespoke so take an average of 6 weeks to create from the point when the Client approves the order of the product. To allow for post-production and editing time Digital Files will be ready to view 14 days after the event.

Ownership
Any negatives and/or digital files shall remain the sole property of the Photographer(s) at all times. 
All completed products shall remain the property of the Photographer(s) until full payment is received.
Copyright. 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 and remain the copyright of The Photographer(s) at all times unless there is express written agreement to the contrary.  It is contrary to the Act to copy or allow to be copied photographically, electronically or by any other means an image created as part of this contract without the written permission of the Photographer(s).

Substitution
In the unlikely event that the assigned Photographer is unable to attend your Event due to unforeseen circumstances, Deanne Ward Photography reserves the right to appoint another suitable Photographer(s) to attend the Event on our behalf to undertake the photography to his/her best ability.

Insurance & Limitation of Liability
The Photographer(s) will maintain Public Liability and Professional Indemnity insurance at all times. However, 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 any indirect or consequential loss.

Force Majeure
The due performance of this contract is subject to alteration or cancellation due to a Force Majeure Event.  A Force Majeure Event means an event beyond the control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources. 

Cancellation
Where the Photographer(s) has to cancel the Event, due to circumstances beyond his/her control the full amount of the Booking Fee and any further payments received will be returned to the Client(s). Where it is possible, a re-shoot may be arranged (if practicable) however, the Photographer(s) will not be responsible or liable for any additional costs incurred by the Client(s). Should the Client wish to cancel this contract at any time, Notice of Cancellation must be given in writing to Deanne Ward Photography. 

The cost of any pre-paid and ordered bespoke products cannot be refunded if cancelled. Where an Event is postponed until a later date and, subject to the alternative date being available, the Photographer(s) will retain any fees paid and confirm the new Event Date, Time and Services to the Client. Such action will result in the termination of this contract and the start of a new. Extra costs may be incurred as dictated by the change in circumstances.

VAT
All prices quoted are inclusive of V.A.T at the prevailing rate (if applicable).

Length of Contract
Any contract runs from the date of signing through to the date the last aspect is finalised, though any associated warranties will apply after that date in accordance with the Products section above.

Complaints
All complaints should be raised by the Client directly to the Photographer in writing within 14 days of the occurrence which gives rise to the complaint. The Photographer will consider the complaint and shall provide a response to the Client within 14 days of receipt of that Complaint.  In the unlikely event of an unresolved complaint the Client may request the Guild of Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties. The alternative to the latter is that the Client will need to consider legal action.

Notices
Any Notice relating to this contract should be in writing and sent by recorded delivery to the address stated in the Contract. 

Governing law and jurisdiction
The parties irrevocably agree any dispute arising out of this contract shall be governed and construed in accordance with English Law and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.

Travel
Mileage is inclusive within a 50-mile radius of the studio. Thereafter charged at 45p per mile to and from destination. For Destination photo shoots please contact the studio for details of cost and a quotation.

Deanne Ward Photography is a trading name for Studio 4 Ltd, a company registered in England and Wales with a company number 10826202
Registered address: Oakley House Headway Business Park, 3 Saxon Way West, Corby, Northants, United Kingdom, NN18 9EZ
Correspondence address: Deanne Ward Photography, PO Box 121, Thrapston, Kettering, NN14 4ZQ
Phone number: 01832 735245 Mobile; 07785 704089
E-mail: contact@deanneward.co.uk Web: www.deanneward.co.uk