Effective date: 25th November 2019

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This website (www.shanarochellephotography.com) is owned by Shana-Rochelle Gravillis (hereinafter referred to as the ‘PHOTOGRAPHER’). These Terms set forth the terms and conditions under which you may use this website and the services provided by the Photographer. This website offers visitors the opportunity to view the Photographer’s online portfolio, view the services offered and book the Photographer’s services. By accessing or using this website, you approve that you have read, understood, and agree to be bound by these Terms.

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In order to use www.shanarochellephotography.com and/or receive the Photographer’s services, you must be at least 18 years of age, or possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

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When hiring the Photographer to carry out one or more of the services provided on www.shanarochellephotography.com, you agree that: (i) you are responsible for reading the service description before making a commitment to hire. (ii) You enter into a legally binding contract to hire the Photographer once you’ve paid your non-refundable deposit.

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The Photographer reserves the right to change prices for services displayed on  www.shanarochellephotography.com at any time, and to correct pricing errors that may inadvertently occur.

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Copyright

The entire copyright of photographs and works is retained by the Photographer at all times throughout the world. 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.

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Ownership of Materials

The title of all photographs remains the property of the Photographer. When the License to Use has expired the Photographs must be returned to the Photographer in good condition within 30 days and any archived digital files destroyed.

 

Use

The License to Use comes into effect from the date of payment of the relevant invoice(s). 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. 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 client is put into receivership or liquidation. The License only applies to the client as stated in the Service Provider Agreement and its benefit shall not be assigned to any third party without the Photographer’s permission. Accordingly, even where any form of ‘all media’ License is granted, the Photographer’s permission must be obtained before any use of the photographs for other purposes — for example, use in relation to another product or sub-licensing through a photo library. Permission to use the photographs outside the terms of License will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such use. Unless otherwise agreed in writing, all further Licenses in respect of the photographs will be subject to these Terms and Conditions.

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Exclusivity

Unless agreed in writing on the License to Use and the Invoice no exclusivity is given or implied to the client. The Photographer retains the right in all cases to use the photographs in any manner at any time and in any part of the world for the purposes of advertising her work. How in the case that exclusivity has been agreed, after the exclusivity period indicated in the License to Use has passed the Photographer the photographer is entitled to the photographs for any purposes.

 

Client Confidentiality 

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

 

Indemnity 

The Photographer agrees to indemnify the client against all expenses, damages, claims and legal costs arising out of any failure by the photographer to obtain any clearance for which she was responsible in respect of third-party copyright works, trademarks, designs or other intellectual property. The Photographer shall only be responsible for obtaining such clearance if it has been expressly agreed before the shoot. In all other cases the client shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearance.

 

Payment

A 50% non-refundable deposit is expected to secure the client’s booking. This payment is expected within 5 days of issuing the relevant invoice for the commissioned work. The remaining payment is to be no later than 48 hours prior to the day of the shoot. The Photographer reserves the right to charge penalty fee for late payments under the Late Payment of Commercial Debts (Interest) Act 1998 from the date payment was due until the day payment is made.

 

Expenses

Where extra expenses or time has been incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise at their request. The Client shall be liable to such extra expenses or fees, in addition to the fees and expenses shown on the invoice as having been 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.

 

Cancellation and Postponement

A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at her discretion, charge a fee of cancellation or postponement.

 

Right to a credit

The Licence to Use requires that the Photographer’s name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). The Photographer also asserts 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.

 

Electronic Storage

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. Manipulation of the image or use of only a portion of the image may only take place with the written permission of the Photographer.

 

Applicable Law

This agreement shall be governed by the Laws of England & Wales.

 

Variation

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