In the following terms and conditions "the photographer" shall mean Tim Brockley trading as Tim Brockley Photography. "the client" shall be those persons defined as the person who requested the photographer's services. These terms and conditions cannot be varied in any way by the client unless such conditions are expressly agreed by the photographer in writing.
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, Designs and Patents Act 1988. 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 permission of the photographer in writing.
Unless agreed otherwise the client hereby allows the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc.
The photographer will endeavour to put the client in touch with another photographer in the event they are unable to attend on the agreed date(s) due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding etc. In the event of cancellation by the photographer, or in the very unlikely event of total photographic failure, liability shall be limited to a full refund of any fees paid to the photographer for this contract.
These Terms and Conditions shall be governed and construed in accordance with the Laws of England.
The photographer shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or for any loss to the client arising from delay in transit.
Any directions issued to the client, 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.
The photographer shall be granted artistic licence in relation to the poses photographed, the location used and digital retouching. The photographer's judgement regarding the locations, poses and number of photographs taken shall be deemed to be correct.
All photograph and image sizes are nominal. The photographer will provide a pleasing colour balance but cannot guarantee exact colour matching. In the case of part mono/part colour images, the colours used will be subject to the photographer's artistic interpretation and will be deemed to be correct. All photographs supplied by Tim Brockley Photography are produced to high standards using quality materials. However, all photographs will, in time, fade. This is particularly true if they are left in bright sunlight and are not behind glass. Tim Brockley Photography cannot accept any responsibility for this gradual image deterioration. All pictures purchased are presumed to have been received in good condition unless the client notifies Tim Brockley Photography in writing of any discrepancy or error within 14 days of receipt.
A non-refundable booking fee of £50 is charged when the client agrees this contract, this fee is deducted from the total price. The booking fee secures the time and services of the photographer for the date(s) agreed and is non-refundable or transferable in the event of cancellation.
The remaining balance is be due in cleared funds 7 days prior to the agreed date(s).
If the client cancels previously requested services more than 7 days in advance, a full or partial refund will be considered by the photographer although is not guaranteed.
The photographer will not refund, nor accept the return of/refusal to pay charges for, any technically acceptable photograph supplied either in print or in electronic format. No exception can be made as we cannot be held responsible for individual tastes or exceptions.
Editing and retouching is available as an optional extra and the final output of any image that is edited or re-touched will be at the photographer's discretion. As a general rule retouches are only are made for temporary or slight imperfections although this can be discussed this with the client. Due to the involved processing requirements, a professional retouching service may be recommended.
The photographer reserves the right to amend these Terms and Conditions without prior notice.