Terms & Conditions.

Definitions : Danny / Fitzpatrick / DFphotography / The photographer / The videographer are interchangable.

1 . If DFphotography has to cancel the booking for reasons beyond its control, (death, injury, sickness etc.) liability shall be limited to a full refund of all monies paid. Every effort will be made to find an alternative photographer and/or videographer.

2. If the CLIENT cancels the booking less than 1 week prior to the agreed date the CLIENT will be liable 50% of the agreed Fee less any booking fee already paid.

3. If the CLIENT cancels within 24hrs of the booked photoshoot then the entire fee must still be paid.

4. Unless otherwise agreed, the CLIENT accepts the PHOTOGRAPHER’s decisions on creativity within the product(s) or service(s).

5. The CLIENT agrees to give the PHOTOGRAPHER full creative and artistic freedom for all on-location filming, photography, post-production digital video/ photo editing. The PHOTOGRAPHER / VIDEOGRAPHER does not guarantee to capture any specific item of footage / image / person and the PHOTOGRAPHER’s / VIDEOGRAPHER’s judgment regarding filming and photographic conditions and what is captured shall be deemed correct.

6. The CLIENT is responsible for notifying the PHOTOGRAPHER of any special requests before any on-location filming / photography or post-production digital video / photo editing by supplying a brief prior to the booking. If no brief is supplied then DFphotography will take pictures / video of their choosing.

7. The PHOTOGRAPHER is not accountable if any of the following prohibits or restricts filming and / or photography at the location – a) restrictions placed by the venue or security officials; b) disruptions in live sound recording caused by children & infants and others.; c) adverse weather. The CLIENT understands that no refunds will be given if any such restriction occurs.

8. Photography – Copyright of all photographs taken remains with the PHOTOGRAPHER in accordance with the Copyright, Design and Patents Act 1998 (unless otherwise agreed beforehand). A licence is given to the CLIENT to use the photographs. The licence restrictions may vary from client to client and details will be embedded in the META data for each image.

9. Videography – The copyrights in the film production shall remain the property of the VIDEOGRAPHER in accordance with the Copyright, Design and Patents Act 1998.

10. In the unlikely event of total or partial equipment failure, injury or sickness beyond the PHOTOGRAPHER / VIDEOGRAPHER’s control, liability shall be limited to a full refund of all monies paid.

11. The CLIENT understands that if there is insufficient natural or artificial light the image quality of the captured video will be greatly reduced. The PHOTOGRAPHER / VIDEOGRAPHER is not responsible for any unusable or poor quality footage due to insufficient lighting.

12. The PHOTOGRAPHER / VIDEOGRAPHER retains the right to charge out-of-pocket expenses incurred in providing the photography / videography such as parking charges – All out-of-pocket expenses will be charged at cost.

13. No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.

14.(a) DFphotography's invoice is due for payment after 30 days of issue(b) If payment is not made in accordance with (a) above then DFphotography may rescind this Agreement and recover damages, and charge interest on the overdue amount at 1% above Bank of England base rate on the outstanding balance.(c) If payment is not made within the 30 days then the licence to use the images may be revoked until payment is made. If payment is not made then theclient is not allowed to use any images provice by DFphotography. To do so would be a breech of copyright.

15. 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 is appointed, DFphotography may at any time thereafter inspect any records, accounts and books relating to the reproduction of DFphotography's pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.

16. DFphotography asserts its rights to a credit in accordance with sections 77 and 78 Copyright, Designs and Patents Act 1988.

17. In the case of printed publications, a copy of the relevant pages containing any picture supplied are to be furnished to DFphotography by the Client free of charge within two weeks of publication. In other media, evidence of use must be made available if requested.

18. While DFphotography takes all reasonable care in the performance of this Agreement generally, DFphotography shall not be liable for any loss or damage suffered by the Client or by any third party arising from use or reproduction of any picture or its caption

19. It is the Client that must satisfy themselves that all necessary rights, model releases or consents that may be required for reproduction are obtained and it is acknowledge that DFphotography 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. In the event that the picture is used or reproduced by or with the authority of the Client, then the Client shall indemnify DFphotography against any loss, damage, proceedings or costs where such rights, releases or consents have not been obtained.

20. The PHOTOGRAPHER / VIDEOGRAPHER will ensure that the postproduction work and editing is carried out as quickly as possible after the shoot. The footage / pictures will be placed into a queue behind previous jobs where it will be completed when its turn arrives.

21. The VIDEOGRAPHER will allow the CLIENT an opportunity to view the film in a final draft format. It is the CLIENT’S responsibility to make any editing requests during this time. One set of changes are included in the agreed fee. If no editing requests are made within five (5) working days from then the video will be considered as accepted and the final copy will be produced date . Any further amendments or changes after delivery will be charged at our normal studio rate of £250 per day.

22. Unless previosuly agreed the photographer may decide to use any images taken to promote themselves and / or the business. The images may be used (but not restricted to) in printed material, online and on social media platforms. It is the responsibility of the organisation, school, nursery, college or other client organisartion to ensure that anyone in the photograph who is under the age of 18 children has permission to be in the photograph. The photographer reserves the right to use any image taken for promotion unless agreed otherwise.

23. These Terms & Conditions and any accompanying letter and/or contract are governed by the laws of the United Kingdom and the CLIENT hereby submits to the non-exclusive jurisdiction of the English courts.