Terms of Service for contracts with Obzocky Photography
In the following terms and conditions, the reference to “the photographer” which mean Santosh Mehmi or another photographer or representative of Obzocky Photography. Those that are hiring shall be referred to as “the client”. The following terms sets out a total agreement between the 2 parties, and that no modification or variation of this contract is effective without the consent of both parties and must be agreed in writing. With “the event” is reference to the actual function taking place, should that be a photo shoot, wedding, corporate event where the photographer is out to complete the agreed contract.
Due to the Nature of email - it is requested that both parties confirm agreement to contract - verbal confirmation over the phone also helps to eliminate these communicational issues.
Booking Fee & Deposits
A non-refundable booking fee of 30% (of monies due, paid by bank transfer to “Santosh Mehmi”) and acceptance of the Terms of Service will secure the time, date and services for the photographer with times specified, and the photographer will decline any other enquires for this date.
The booking fee will be deducted from the clients final bill, which will be due in full 12 weeks prior to the booking date. If the Event is within 12 weeks, full payment will be required at time of booking. Should the event be postponed to a later date or sooner date, the booking fee will be retained as long as the photographer can re-schedule for this new date and time, again the final bill will be due 12 weeks prior to the event. Should the photographer be unable to accommodate the new date, the photographer is not liable to compensate the client in any way whatsoever, please refer to cancelation charges.
In the event of cancellation, this booking fee is non-refundable or transferable as it being agreed this loss is suffered by the photographer due to the cancelation. Should the client fail to make payment if full, and the event is within 6 weeks, the photographer has the right to cancel the booking and retain deposit paid and in accordance with cancelation policy. Any alterations must be notified by writing and must be confirmed with the photographer within 3 days of the order being placed. The photographer will not be held liable for costs incurred due to alterations made by the client after this time.
Please see cancelation information.
Please have suitable insurance cover for the event.
Pricing, Dates of Arrangement
Event pricing with any additional goods will be specified on the booking form, and set at time of booking. Any additional goods not listed on the booking form will be invoiced separately and must be paid in full. Receipts of orders will detail payments paid & due for the hiring of the photographer and due in full at least 12 weeks prior to the event. The client will be liable to cover additional expenses incurred by the photographer for the completion of their work, this may include postage and material, usb, travel, accommodation (if appilcable) and need to be paid in full prior to the event.
The details of the dates, time and location will be agreed upon beforehand in writing. The client shall notify the photographer of any changes beforehand in writing. The photographer cannot be held liable for disruptions or delays to their service, until these delays or disruptions are received and acknowledged in writing from the client. Writing can be in the form of an email or letter and confirmed by the photographer.
A booking form/invoice and receipts will be produced by the photographer and sent to the client - thus keeping a track of deliverable and balances.
Cancellations
The client may at anytime cancel the contract, by writing. The initial deposit (30%) is non-refundable. Should the cancelation be within the last 8-12 weeks of the event than 40% of the final bill will be charged and if within the last 4-8 weeks than 50% of the final bill will be changed, if within the last 2-4 weeks 60% will be charged and if within the last 2 weeks 70% will be charged. Any monies due back to the client, will be transferred in a suitable time frame by the photographer - it being said this is the loss of the photographer, due to client cancelations.
The client will be provided 3 days grace to cancel any bookings without penalty providing this is more then 12 weeks for the booking date.
Images
The photographer shall provide images with best colour balance and lighting, however the photographer cannot guarantee and exact match as seen by the human eye, and more unlikely to have an exact match on a film format camera. Booking at venues that restrict the photographers movements by officials, resulting in the preferred location becoming unavailable, therefore photographer is not responsible for obstructed views should this occur during the event. The photographer will request preferred location to conduct photography, and kindly ask permissions from the client and attendees for space to complete photography and hope this co-operation is provided. The photographer may ask permission to re-photograph a situation again. As situations can develop where attendees are looking elsewhere, blinking or lighting issue may arise.
Ownership
All digital files and film negatives remain the property of the photographer at all times. The photographer will supply the client digital edited images solely for non-commercial use, unless otherwise agreed in writing.
Retouching
The photographer shall make suitable adjustments to exposure, contrast, sharpness etc.. and general editing of images. A preview shall be submitted to the client via a secure online platform, prior to completion and final editing and manipulation to images.
Re-order image request
Further re-orders of digital images will be deemed an extension to the original contract and incurs additional charges, due to photographers time - this request is required in writing. Suitable timescales will be discussed.
Displays of Images
The photographer shall be allowed to use clients photography for display purposes - for general advertising and assisting in promoting the photographers business online, promotions materials (leaflets, print), adverts - the photographer will do so lawfully and without damage to the clients reputation.
Copyright - Reproduction
All copyright of images remain the photographers under English Law. The client may make duplications of the images for personal use, for sharing with family and friends - however may not sell the images without consent of the photographer. The photographer will provide Jpeg images suitable for print and online display. The original Raw files shall remain the property of the photographer. The photographer has full and unrestricted use of the images for display, advertising and commercial use, online or print. The client is responsible for advising attendees of this, and by attending the event the photographer has unrestricted access to photographing, the attendees, by attending it is considered to be fully agreeing to a model release. Images which capture attendees at the event may also use used by the photographer for promotional purposes - this may be trade, promotional, advertising and other mediums. The client may not resell - redistribute, re-licence images without written permission of the photographer. Should the client wish to use the images for any other purpose than detailed in the original contract, this request should be made in writing to the photographer.
Licences
The photographer remains the artist/creator of the images, and be provided with the access of capturing the correct number of images, requests may be made of attendees for the creation of staged and natural images for completion of their work.
The client shall deem to photographer to be correct whilst completing their work. The photographer will be given the consent to photograph freely on private property. Photography on private land shall also be deemed the copyright of the photographer and it is the clients responsibility to ensure this request is granted prior to the event. Every effort shall be made to comply with the clients request, however no responsibility will be taken for leaving someone out. The photographer may ask attendees to refrain from photography which causes a disruption to the photographer whilst completing work.
The client may display the images online, however images may no be altered with the use of filters or other manipulating software. when the client uses images online to showcase the event, where possible, credit should be listed to the photographer.
The Event
As the event is live, in constant flux and change, with various attendees, weather conditions and ever flowing changes to the environment - it may not be possible to capture all attendees. At times the photographer, may be requested to halt from photographing (eg. church ministers) or unable to access certain areas within a location, and such circumstances unable to photographer from capturing the whole of an event. It is important that the client understands this prior to the event.
Force Majeure the Act of God
This contract is subject to change or alternation by the photographer, by causes beyond their control (injury, illness, victim of a crime, flooding etc…) The photographer shall carry with them, backup equipments and take all steps to ensure the camera, disks and lens are in suitable working order, however it is important to state that the photographer is not responsible for photographs that cannot be produced due to technical failures. This also include film photography, where by, images will not be available until rolls have been developed and printed.
In the unfortunate event that the photographer is unable to attend the event, the photographer will provide as much notice as possible and also appoint another photographer to cover the event. If it is not possible to appoint another photographer, the photographer will assist in providing a list of suitable photographers in the local area to assist - any payments made will be refunded.
Limitation of Liability
In the event a cancellation of the event from either party or a complete failure of photographic equipment - the total liability shall not be greater then the total value of the original contract.
Personal Accidents
The photographer cannot be held for any personal accident during the event, this also being true for the client and their attendees who may be directed by the photographer for staged poses, clearing space and general movements for access all said to be at their own risk.
Complaints
Any complaints must be received within 14 days upon receipt of goods that being images, usb and any other services that have been agreed. The photographer has 14 days to submit a response of receipt of the complaint.
Liability for Digital Files
The digital files (Raw files) and negatives remain the property of the photographer at all times and be kept for a minimum for 1 year, in a secure and private manner in accordance to the GDPR as per this site. If any images are lost damaged or destroyed, the photographers liability shall be limited to fees paid, however shall not include a refund for good already supplied or those that can be supplied at a quality deemed suitable by the photographer. No liability is accepted by the photographer for images, files or products lost damaged or destroyed after 1 year of the event. In the event of pre-paid products not utilised by the client, these will lapse after 1 year unless otherwise agreed between the client and the photographer in writing. Any products supplied by the photographer will be sent via The Royal Mail to the last known address of the client.
Meals and Refreshments
A meal would be much appreciated, if working more then 8 hours. The photographer will need a small break to eat and be away from the attendees. Due to locational setting, it is not possible for the photographer to take a sit with the attendees for a meal break, as they have important work to carry out during this time.
Receipt of Goods
Allow up to 28 days for delivery of good and images. An online location will be made for the client to view images, prior to being sent via a down load link or USB.
Film Photography - 35mm
Due to the nature and processes involved in film photography, there is no guarantee that any result will come out, eg (film can become damaged by heat and radiation, stuck inside the camera and issues with development. This is the old analogue method capture photography, although the photographer take all precautions to ensure the camera is full working order, there are however occasions where issue can develop that are simply out of the photographers hands. Should this be the case a full refund of payment due will be made back to the client, and the the photographer cannot accept any liability other then a refund of payments made. We can however retain payments made and try again.
Privacy & Data Protection
The images/files (raw files) will be stored on an internal database. The images/files will not be shared with third parties, should you wish to have your images/files removed please do comfirm in writing via the GDPR page of this site. The photographer will make contact with yourself to confirm actions to follow.
Conduct
It is the responsibility of the client to ensure the co-operation and behaviour of attendees at the event. In the event the photographer be subject to abuse or made to feel unsafe and the client cannot control the situation, the photographer has the right to leave without forfeit of the contract (e.g. drunk abusive guests)
Personal Belongings
The photographer does not accept any loss for items left with the photographer.
Governing Law & Jurisdiction
The contract made between the client and the photographer are governed and construed in accordance to English Law and that of the English Courts and Wales all have jurisdiction to settle any dispute or claim.
Prints - Digital and 35mm Analog Film inc Darkroom
Please be aware that colours of physical prints may vary slightly from the screen on which the imaged in viewed upon, this may also vary from device to device.
Digital Prints are printed at London’s finest printers, once an order has been placed. These are typically dispatched with 24 hours. Measurements have been provided to details the size of the image and the size of the paper it is print on, this is for ease of mounting and framing. Digital prints are sent directly from the printers and will separately from o35mm prints and darkroom prints. Prints orders are final and no refunds are offered.
Mounts for photographer. There are 2 important parts to a mount (protects a photograph inside a frame, from touching the glass front and also presenting the image)
1) the overall outer size of a mount (this corresponds with the frame size of choice)
2) the opening of the mount (this should be equal to and larger then the print size and smaller then the paper size)
Ultimately it is the responsibility fo the purchaser to mount and frame the prints, as they arrive printed unsigned (without mount and frame)