Terms & Conditions of Contract 2015

Terms and Conditions of Contract 2016 for Nikki Kirk Photography Weddings (please scroll down for Portraits Contract and the Carlé & Moss Commercial Photography contract).

It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.

Booking & Booking Fee

  • The Booking fee secures the time and services of Nikki Kirk Photography as the primary photographer for the wedding and is non-refundable or transferable in the event of cancellation.
  • The booking fee is 30% of the total wedding photography cost and needs to be paid within 10 working days of the confirmation of appointment of Nikki Kirk Photography. Receipt of the booking fee assumes agreement of the Terms and Conditions of Contract 2016
  • You will have been supplied a copy of these terms and conditions either as a paper copy or digitally. Payment of the booking fee will be considered as proof of your acceptance of these terms and conditions if a signed copy is not returned.
  • If you are booking the services of Nikki Kirk Photography through a third party, for example; a wedding planner, payment of the booking fee will be taken as proof of your acceptance of these terms and conditions and considered proof that you have received and agreed to these terms and conditions.
  • If the photography is a gift and the original payer of this gift is unable to pay the balance the responsibility transfers to the Bride and Groom and you are responsible for the balance payment.
  • It is the responsibility of the Bride and Groom to confirm the photographers schedule with that of the venue and confirm that they match each other. Please see ‘Additional Costs’/additional hours over and above the agreed contracted hours.

Cancellation

  • The Client may cancel this contract at any time by giving written notice to Nikki Kirk Photography but in doing so shall forfeit any monies so far paid unless within the 14 day cancellation or ‘cooling off’ period which commences on the date the booking has been accepted by Nikki Kirk Photography.
  • Cancellation within 16 weeks or less of the wedding date will result in the payment in full.
  • All cancellations must be made in writing.
  • Weddings that are postponed to a later date will retain the fee provided that Nikki Kirk Photography can re-schedule for the new date and time.
  • It is essential to inform Nikki Kirk Photography as soon as possible of any changes of venue, times, or contact details etc in writing. Any alterations made to the booking by the Clients once details have been confirmed may only be made at the discretion of Nikki Kirk Photography. If unable to accommodate alternative arrangements (such as the change of ceremony date or venue) Nikki Kirk Photography is not liable to compensate the client(s) in any way whatsoever.

Payments

  • Following payment of the booking fee, the balance of fees due is to be paid as follows: 70% of the full balance is to be paid one calendar month prior to the wedding.
  • No photographs will be delivered until all payments due have been paid in full.
  • Payment for additional images and services to be made in advance/when requested.
  • All payments must be by cheque or via online transfer for which a receipt will be provided. Credit cards are accepted in person.

Re-orders and Product orders

  • All reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing.
  • Product orders including but not limited to Photographic Prints, Albums, wall art, etc are payable in advance and non refundable under any circumstance.

Additional costs

  • Mileage per mile for all miles travelled to and from a wedding outside a 15 mile radius of GL10 3FA is charged at 45p per mile.
  • Overnight stays: if the photographer(s) is required to stay overnight a minimum cost of £150 per photographer per night will be levied. This cost will include all accommodation and subsistence.
  • Overseas weddings: we are delighted to cover overseas weddings, and will provide an additional estimate for overseas travel and accommodation if required. Please also see terms for Overseas Weddings.
  • Additional hours over and above the agreed contracted hours are charged at £100 per hour or part hour inclusive. If your wedding runs over the agreed time you agree to this additional amount being invoiced and payment made.
  • You agree to provide a hot meal for the photographer(s) if he/she/they are required to stay whilst you and your guests are eating and unlimited soft drinks upon request.

Display

  • Nikki Kirk Photography may display and use photographs included in this contract for promotional purposes online at (www.nikkikirkphotography.com ), on social networking sites for Nikki Kirk Photography including but not limited to Facebook and Twitter, within portfolios, literature, display areas, exhibitions, competitions, advertising, and slide shows. If you do not wish this to be the case a ‘buyout fee’ is negotiable.

Images and image reproduction

  • All image sizes are nominal and supplied in a jpeg format. The Nikki Kirk Photography team will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres. It is sometimes impossible to record on film or digitally the exact colour as seen by the human eye. A good balance of colour and black and white images will be provided unless the Client expresses in writing a preference for a different balance. Nikki Kirk Photography’s decision over all editing decisions is final. When processing images, the Photographer will endeavour to achieve a pleasing overall colour balance based on natural flesh tones. It is understood that some colours may not remain consistent throughout a set of photographs owing to variations in lighting conditions. This also applies to glare created by spectacles in certain lights and therefore it is at the risk of the wearer. It is also understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not be identical over the whole range within a subject.
  • The colour balance of prints made at different times or in varying sizes may also be variable.
  • Due to the limitations of computer monitors it is understood that images may appear differently according to the specification of each monitor and that prints will not match images rendered on any particular computer monitor.
  • Images are not processed for wide screen televisions or monitors.

Copyright/Digital Files

  • 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 1988 Copyright Act assigns the copyright of the images to the photographer. It is contrary to the Act, and therefore illegal, to copy these images, or allow them to be copied, by any means photographic, by computer, internet or otherwise, by any person or machine other than by the photographer or his appointed agents.
  • Nikki Kirk Photography retains the entire copyright in the Photographs and Works at all times, throughout the World and where reproduction of Works has taken place and settlement has not been made, the Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.
  • If the wedding photography package you choose with Nikki Kirk Photography provides you with the right to reproduce at leisure, the relevant paperwork will be supplied to enable you to print out your images as required. Note: many photographic stores will require this before releasing your photographs.
  • If your other wedding suppliers wish to use and/or post images on line taken by Nikki Kirk Photography this is deemed as commercial use online or offline and permission must be obtained from Nikki Kirk Photography prior to usage/publication.
  • All digital files remain the property of Nikki Kirk Photography.

Artistic License

  • Nikki Kirk Photography shall be granted artistic license in relation to the poses photographed and the locations used.
  • Nikki Kirk Photography’s judgment regarding the locations/poses/colouration and number of images taken shall be deemed correct. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested
  • For bookings involving a church ceremony or at certain other venues, photographers´ movements are sometimes restricted by the minister or official in charge: photographing of parts or even all of the ceremony may be restricted or prohibited, as may the use of artificial lighting. Nikki Kirk Photography cannot accept responsibility for limited coverage in such cases.
  • Whilst Nikki Kirk Photography shall endeavour to fulfil all the Clients´ requirements, Nikki Kirk Photography 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.

Force majeure or Act of God

  • The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control. This includes weather conditions and travel delays including but not limited to flights, trains, and road closures
  • Requested Photographs/Blinking
  • Nikki Kirk Photography cannot be held responsible for lack of coverage caused by any member of the wedding party not being on time, or by Church, Register Office or Licensed Place imposing photography restrictions.
  • Should the photographer notice that a member of the wedding party or guest has been seen to blink, the photograph will be taken again but it is impossible to guarantee to see all of them.
  • We strive to honour all photographs requested and agreed in advance. We will ask you for your list of essential group photographs and will not deviate from this list unless asked otherwise on the day. We cannot be held responsible for missed photographs due to weather disturbances although all efforts will be taken to provide the agreed coverage.

Attendance

  • In the unlikely event of Nikki Kirk Photography not being unable to attend your wedding due to unforeseen circumstances, we reserve the right to appoint another professional photographer to attend your wedding on her behalf to undertake the wedding photography to his/her best ability.

Overseas Weddings

  • It is the responsibility of the Client - booking Nikki Kirk Photography to ensure that all the relevant visas/paperwork are obtained prior to the photographer leaving the UK.
  • Without the relevant paper work to ensure safe passage to and from and during the overseas wedding Nikki Kirk Photography reserves the right not to travel if it is felt that the personal safety of the photographer is not guaranteed at all times.
     

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.

Conduct & Safety

  • The Nikki Kirk Photography Team/Photographer(s) will not tolerate verbal or physically abusive behaviour under any circumstances.
  • The Photographer(s) will not share their time or compete with other photographers or guests for the attention of the subjects. Uncontrolled conduct by any person that interferes with the photographer(s) may seriously affect the quality of images recorded or increase the number of times they must be retaken.
  • If the Client is unable to control the conduct of attendees, resulting in what the Photographer(s) feels to be an unacceptable degree of misconduct, or if any such conduct injures or damages the equipment of the Photographer(s), it will result in the immediate departure of the Photographer(s).
  • The Client understands in such an event, no refund will be granted and claims for damage or injury from the Nikki Kirk Photographer are likely to be the result.
  • Complaints
  • In the unlikely event of a complaint, this should first be raised by the Client with Nikki Kirk Photography in writing within 10 days from the date of receipt of images.
  • In the unlikely event of an unresolved complaint the Client may request the Society of Wedding and Portrait Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties. www.swpp.co.uk

The contractual relationship between Nikki Kirk Photography and the Client shall be governed by the laws of England.

 

 

Terms and Conditions of Contract 2016 for Nikki Kirk Photography Portrait Photography – Studio & On Location (please scroll down for the Carlé & Moss Commercial Photography contract).

It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.

Booking your portrait session

  • The Booking fee or ‘Session Cost’ secures the time and services of Nikki Kirk Photography for the Portrait and is non-refundable or transferable in the event of cancellation. Receipt of the booking fee assumes agreement of the Portrait Photography Terms and Conditions of Contract 2016.
  • You will have been supplied a copy of these terms and conditions either as a paper copy or digitally. Payment of the booking fee will be considered as proof of your acceptance of these terms and conditions if a signed copy is not returned. If you are booking the services of Nikki Kirk Photography through a third party, payment of the booking fee will be taken as proof of your acceptance of these terms and conditions and considered proof that you have received and agreed to these terms and conditions.

Cancellation

  • The Client may cancel this contract at any time by giving written notice to Nikki Kirk Photography but in doing so shall forfeit any monies so far paid. All cancellations must be in writing. Portraits that are postponed to a later date will retain the fee provided that Nikki Kirk Photography can re-schedule for the new date and time. It is essential to inform Nikki Kirk Photography as soon as possible of any changes of venue, times, or contact details etc in writing. Any alterations made to the booking by the Clients once details have been confirmed may only be made at the discretion of Nikki Kirk Photography. If unable to accommodate alternative arrangements (such as the change of date or venue) Nikki Kirk Photography is not liable to compensate the client(s) in any way whatsoever.

Payments

  • All product orders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing. Product orders including but not limited to Photographic Prints, Photo Books, Jorgensen Albums, Wall Art, etc are payable in advance and non refundable under any circumstance.

Additional costs

  • Mileage per mile for all miles travelled to and from a portrait outside a 10 mile radius of GL10 3FA is charged at 45p per mile.
  • Overnight stays: if the photographer(s) is required to stay overnight a minimum cost of £150 per photographer per night will be levied. This cost will include all accommodation and subsistence.

Display

  • Nikki Kirk Photography may display and use photographs included in this contract for promotional purposes online at (www.nikkikirkphotography.com), on social networking sites for Nikki Kirk Photography including but not limited to Facebook and Twitter, within portfolios, literature, display areas, exhibitions, competitions, advertising, and slide shows. If you do not wish this to be the case a ‘buyout fee’ is negotiable.

Images and image reproduction

  • All image sizes are nominal. The Nikki Kirk Photography team will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres. It is sometimes impossible to record on film or digitally the exact colour as seen by the human eye. Should the photographer notice that a member of the Portrait group has been seen to blink, the photograph will be taken again but it is impossible to guarantee to see all of them. Glasses wearers should be aware that some glasses create reflections that cannot be balanced out in photography and that they may be asked to remove them for the shoot. Nikki Kirk Photography’s decision over colour versus black and white images is final. For some genres of photography black and white is the only option. The photographer will discuss this with you before the session. When processing images, the photographer will endeavour to achieve a pleasing overall balance based on natural flesh tones. It is understood that some colours may not remain consistent throughout a set of photographs owing to variations in lighting conditions. It is also understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not be identical over the whole range within a subject.
  • The colour balance of prints made at different times or in varying sizes may also be variable. Due to the limitations of computer monitors it is understood that images may appear differently according to the specification of each monitor and that prints will not match images rendered on any particular computer monitor. The images supplied will be in a jpeg format if jpegs are bought.

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. The 1988 Copyright Act assigns the copyright of the images to the photographer. It is contrary to the Act, and therefore illegal, to copy these images, or allow them to be copied, by any means photographic, by computer, internet or otherwise, by any person or machine other than by the photographer or his appointed agents.
  • Nikki Kirk Photography retains the entire copyright in the Photographs and Works at all times, throughout the World and where reproduction of Works has taken place and settlement has not been made, the Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988. Negatives / digital files remain the property of Nikki Kirk Photography.
  • If the Portrait s photography option you choose with Nikki Kirk Photography provides you with the right to reproduce (print) for personal, the relevant paperwork will be supplied to enable you to print out your images as required. Note: many photographic stores will require this before releasing your photographs.

Artistic License

  • Nikki Kirk Photography shall be granted artistic license in relation to the poses photographed and the locations used. Nikki Kirk Photography’s judgment regarding the locations/poses and number of images taken shall be deemed correct. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested
  • For bookings involving venues, photographers´ movements are sometimes restricted by the venue(s): photographing of parts or even all of the Portrait may be restricted or prohibited, as may the use of artificial lighting. Nikki Kirk Photography cannot accept responsibility for limited coverage in such cases. Whilst Nikki Kirk Photography shall endeavour to fulfil all the Clients´ requirements, Nikki Kirk Photography 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.

Force majeure or Act of God

  • The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control. This includes weather conditions and flight delays/ cancellations.

Requested Photographs

  • Nikki Kirk Photography cannot be held responsible for lack of coverage caused by any member of the Portrait group not being on time, or by the venue(s) imposing photography restrictions. We strive to honour all photographs requested and agreed in advance, but cannot be responsible for children who are asleep, disruptive, or uncooperative although reasonable efforts will be taken to provide the agreed coverage.

Attendance & Limitation of Liability

  • In the unlikely event of Nikki Kirk Photography not being unable to attend your Portrait due to unforeseen circumstances, we reserve the right to appoint another professional photographer to attend your Portrait on her behalf to undertake the Portrait photography to his/her best ability.
  • 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.

Conduct & Safety

  • The Nikki Kirk Photography Team/Photographer(s) will not tolerate verbal or physically abusive behaviour under any circumstances. Uncontrolled conduct by any person that interferes with the photographer(s) may seriously affect the quality of images recorded or increase the number of times they must be retaken. If the Client is unable to control the conduct of attendees, resulting in what the Photographer(s) feels to be an unacceptable degree of misconduct, or if any such conduct injures or damages the equipment of the Photographer(s), it will result in the immediate departure of the Photographer(s). The Photographer(s) will not share their time or compete with other photographers or persons for the attention of the subjects. The Client understands in such an event, no refund will be granted and claims for damage or injury from the Nikki Kirk Photographer are likely to be the result.
  • It is not the responsibility of the Nikki Kirk Photography photographer(s) to control children in the Studio. All damages are to be paid for by the parent/guardian present at the time of the photo shoot. The Studio is a working studio and behaviour should reflect this.

Complaints

  • In the unlikely event of a complaint, this should first be raised by the Client with Nikki Kirk Photography in writing within 10 days from the date of receipt of images. In the unlikely event of an unresolved complaint the Client may request the Society of Wedding and Portrait Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties. www.swpp.co.uk. The contractual relationship between Nikki Kirk Photography and the Client shall be governed by the laws of England.

 

 

Carlé & Moss Commercial Photography Terms and Conditions of Contract 2016

It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
1. DEFINITIONS.

(a) For the purpose of this agreement “the Agency” and “the Client” shall where the context so admits include their respective assignees, sub-licensees and successor in title. In cases where the Photographer’s Client is a direct Client (i.e. with no Agency or intermediary), all references in this agreement to both “the Agency “and “the Client” shall be interpreted as references to the Photographer’s Client.
(b) For the purpose of this agreement “The Photographer” will mean the Author/Creator of the Photograph or Nikki Kirk or Nikki Kirk Photography or Carlé & Moss Commercial Photography. And shall where the context so admits include their respective assignees, sub-licensees and successor in title. Where ‘Nikki Kirk Photography’ is referenced in this Contract it is understood that this represents both ‘Nikki Kirk Photography’ and/or ‘Carlé & Moss Commercial Photography’.
(c) “Photographs” and “Works” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints, digital files or any other type of physical or electronic material in existence now or yet to be developed.
(d) All contracts verbal or written are only accepted on the basis that the Terms and Conditions of the Photographer are the only ones applicable.
(e) Other Terms and Conditions proffered by the Client are specifically excluded unless agreed in writing beforehand by the Photographer.
(f) Where time is of the essence the Photographer entirely at his/her own discretion may accept an instruction given orally, in this event the Photographer shall accept no liability for any error in executing the order.
(g) Unless the Photographer is given prior written notice by the Client, the person placing or signing the order on behalf of the Client is deemed to be authorised to do so.
(h) When a Client’s policy is not to rely on email confirmations, hardcopy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law.

2. COPYRIGHT.
(a) The Author retains the entire copyright in the Photographs and Works at all times, throughout the World and
(b) Where reproduction of Works has taken place and settlement has not been made, the Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.
 

3. OWNERSHIP OF MATERIALS.
(a) Title to all Photographs remains the property of the Photographer.
(b) When the License to Use has expired the Client must request a renewal of the licence from the Photographer within 30 days of expiry or this will be deemed as the end of the contract and a renegotiation will be required.
(c) Title to any materials used in producing the Works is not transferred to the Client upon payment of the invoice.
 

4. IMAGES AND IMAGE REPRODUCTION.
(a) It is the responsibility of the Client to have a representative on location on the day of the shoot to sign off images in their raw state. The images will be available to review on the Photographer’s iPad via the CamRanger photographic review system. The representative will be required to sign a confirmation document confirming their approval of the images in their raw state.
(b) All image sizes are nominal. The Nikki Kirk Photography team will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres, etc. It is sometimes impossible to record on film or digitally the exact colour as seen by the human eye.
(c) When processing images, the Photographer will endeavour to achieve a pleasing overall colour balance based on natural flesh tones. It is understood that some colours may not remain consistent throughout a set of photographs owing to variations in lighting conditions. This also applies to glare created by spectacles in certain lights and therefore it is at the risk of the wearer. It is also understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not be identical over the whole range within a subject.
(d) The colour balance of prints made at different times or in varying sizes may also be variable.
(e) Due to the limitations of computer monitors it is understood that images may appear differently according to the specification of each monitor and that prints will not match images rendered on any particular computer monitor.
(f) The images supplied will be in a jpeg format on a USB or via Drop Box file sharing.
 

5. USE.
(a) The License to Use comes into effect from the date of payment of the relevant invoice(s).
(b) No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission in writing.
(c) Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency and/or Client is put into receivership or liquidation. Permission for use may also be revoked if the Client does not adhere to the copyright clauses.
(d) Where restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee to be mutually agreed. Note: A written agreement must be reached with the Photographer before the Photographs may be used for other purposes. Where uses of an image are made which breach the licence to use further charges will be made.
(e) Any reproduction rights granted are by way of licence only and no partial or other assignment of copyright shall be implied.
(f) On the Client’s death or bankruptcy or (if the Client is a Company) in the event of a Resolution, Petition or Order for winding-up being made against it, or if a Receiver or an administration is appointed, any licence granted shall immediately cease.
 

6. EXCLUSIVITY.
(a) Unless agreed to in writing on the License to Use and the Invoice no exclusivity is given or implied to The Agency and/or The Client.
(b) The Photographer retains the right in all cases to use or sell the Photographs.
(c) Exclusivity will not be unreasonably withheld but only on written agreement with the Photographer before work commences.
 

7. CLIENT CONFIDENTIALITY.
(a) The Photographer will keep confidential and will not disclose to any third parties or make use of information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.
 

8. INDEMNITY.

(a) It is the Client who must satisfy himself/herself/It’s self that all necessary rights, model releases, clearances or consents which may be required for reproduction of people, places or items depicted within any Works are obtained. (b) It is acknowledged that the Photographer gives no warranty or undertaking that any such rights, releases or consents are 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 picture. (c) The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed in writing before the shoot. (d) In all other cases the Client shall indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances. (e) The Photographer will not be liable for any loss or damage, for any consequential loss of profit or income however caused including negligence by the Photographer, or Nikki Kirk or Nikki Kirk Photography or Carlé & Moss Commercial Photography, their employees or agents or otherwise, and it is the Client’s responsibility to insure against such loss or damage.
 

9. PAYMENT.
(a) Payment by the Client will be 50% in advance of the work commencing with the remaining 50% within 28 days of delivery. The exception is on the occasion of a ‘rush job’ (ie: the resulting images being reproduced within 7 days of them being taken) being required for immediate reproduction. In this instance 100% of the invoice payment is required in advance of or at the time of the photo shoot.
(b) Thereafter, further charges may be made for any additional statement, letter (whether as an email, etc) issued for the recovery of the outstanding debt of not less than £20.00 plus VAT each and all other costs for the recovery of debts including bank charges. (c) A further charge of 5% over the Natwest Bank rate from time to time is added to the invoice on the first day following that when settlement should have been made. LATE PAYMENT OF COMMERCIAL DEBTS (INTEREST) ACT 1998 will be enforced. (d) Where a Client is a company and whether or not that company has gone into liquidation the individual directors will be responsible for all outstanding fees and costs in relation to the contract.
(c) All payments must be by cheque or in cash or by online transfer for which a receipt will be provided unless in the exception of a ‘rush job’ (9.a) when payment must be on the day of the photo shoot and only a cash transaction is acceptable. Credit cards are not accepted unless in person for which an administration fee will be levied.
 

10. EXPENSES.
(a) Where extra expenses or times are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise .The Client shall give approval to and be liable to such extra expenses or fees, in addition to the fees and expenses shown on the Estimate as having been agreed or estimated.

11. REJECTION.
(a) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition. If the Client declines to be present at the photo shoot or is unable to attend for whatever reason the Photographer’s decision on style and/or composition is final.
 

12. CANCELLATION & POSTPONEMENT.
(a) A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion; charge a fee of cancellation or postponement of 50% if more than 10 working days from the date of the photo shoot. If Client cancellation occurs within 10 working days of the photo shoot then 100% of the fee is to be paid. All cancellations must be in writing.
 

13. RIGHT TO A CREDIT.
(a) The Licence to Use requires that the Photographer’s name(s) ‘Nikki Kirk Photography’ or ‘Carlé & Moss Commercial Photography’ will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). The Photographer also asserts his/her statutory and moral right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
 

14. SUPPLY TO THIRD PARTIES.
(a) The licence only applies to the Client and product stated on the Licence to Use.
 

15. ELECTRONIC STORAGE.
(a) Save for the purposes of production for the licensed use(s), the Photographs may not be stored or archived in any form without the written permission of the Photographer.
b) Manipulation of the image or use of only a portion of the image may only take place with the written permission of the Photographer.
(c) Digital Data is stored by the Photographer on the understanding that the Photographer is not responsible for the future integrity of that data, or of any failure to retrieve data from the Photographer’s archive.

16. APPLICABLE LAW.
(a) This agreement shall be governed by the Laws of England & Wales.

17. VARIATION.
(a) These Terms and Conditions shall not be varied except by agreement in writing.