All of the photographs on this website are the copyright of Aetherial Photography and may not be used without permission.
1. The following words or expressions shall have the meanings stated: “the Photographer” means Aetherial Photography. “The Customer” means the person identified as the customer on a Booking Form. “Booking Form” means a form (whether or not printed on the reverse of these Terms and Conditions) completed by the Customer by which the Customer instructs the Photographer to create Material. “Material” means all photographs, prints, transparencies, images, negatives, digital scans, digital files, design, artwork, montages, drawings, engravings and/or any other photographic product or other product comprising or containing reproduction of any form of photographic material, and which has been created by the Photographer. “Order” means any request, order, commission or instruction by or on behalf of the Customer for creation of Material by the Photographer. “Price” means the price for an Order as set out on a Booking Form.
2. Any work of any description undertaken by the Photographer pursuant to an Order shall be subject to these Terms and Conditions.
3. Copyright in all Material is retained worldwide by the Photographer at all times and nothing shall be deemed as a release, transfer, assignment or other disposal of the Photographer’s rights in the Material, save as:
2. 3.1 specifically set out in these Terms and Condition or
3.2 may otherwise be agreed by the Photographer in writing.
4.1 In consideration of the Price the Photographer will undertake such work as is necessary to fulfill the requirements of an Order.
4.2 In consideration of the Photographer’s agreement in paragraph
4.1 above the Customer will pay the Price in accordance with the provisions set out in paragraph 5 below.
5. An Order shall be subject to the following provisions:
5.1 The Photographer shall be entitled to require a deposit payment on account of the Price in such sum as may be agreed between the Photographer and the Customer prior to the taking of any steps to create any Material. If additional costs are required (travelling, overnight accommodation) these will be agreed with the Client during the ordering process.
5.2 In the event of a cancellation of an Order by the Customer, in addition to any entitlement to claim damages for losses arising from such cancellation the Photographer shall, in any event, be entitled to retain the deposit paid and/or agreed.
5.3 The Photographer shall be entitled to agree to regard any Order that is not evidenced in writing as invalid.
5.4 The Photographer licenses the Customer to utilize the Material produced as a result of the Customer’s Order to the extent set out in writing between the Customer and the Photographer. Any breach of such license shall automatically revoke such license without further notification from the Photographer.
5.5 Unless specifically otherwise agreed in writing between the Photographer and the Customer, the Photographer is entitled to utilize Material ordered by the Customer for the advertising, marketing and promotion of the Photographer’s business.
5.6 The Photographer shall be entitled to sub-contract his obligations under an Order at his discretion.
5.7 Save as otherwise agreed between the Customer and the Photographer; the Photographer shall be entitled to use his judgment regarding the style and artistic input in the production of Material.
5.8 The Photographer shall not be liable to the Customer for any failure, in whole or in part, to fulfill his obligations under an Order where failure arises as a result of an event or circumstances beyond his control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury. In these circumstances the limit of financial liability of the Photographer is a calculated from the amounts paid by the Client, and a full and final settlement is accepted by way of a refund of these sums in full and final satisfaction of any loss or damage.
5.9 On completion of the Photographer’s obligations under an Order, the Photographer shall deliver an invoice to the customer and the Customer shall pay the deposit prior to delivery of pictures using PayPal.
5.9.3 Any license granted by the provisions of paragraph 5.4 above shall be automatically revoked and shall only be capable of reinstatement upon payment of any outstanding sum plus interest and any other costs incurred by the Photographer.
6. The contractual relationship between the Photographer and the Customer shall be governed by the laws of England.
7. An Order, as evidenced by information on the Booking Form and as governed by and together with these Terms and Conditions shall form the entire agreement between the Photographer and the Customer, save as otherwise agreed in writing.
© Copyright Aetherial Photography 2012