Terms & Conditions
1.1 “the Client” means the client named overleaf, whether a direct client of the Photographer or an agency or an advertiser or otherwise, and the expression “the Client” shall where the context so admits include its respective assignees, sub-licensees and successors in title.
1.2 “the Photographer” means Cindy Stoltz.
1.3 “the Photographs” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or digital files.
2.1 The entire copyright of the Photographs is retained by the
Photographer at all times throughout the world.
3. OWNERSHIP OF MATERIALS
3.1 Title to the Photographs remain the property of the Photographer.
3.2 If the Client orders prints of the Photographs, the Photographer will supply them at his/her then current rate for a collection to be agreed. The Photographer will however at all times retain possession of and title to all originals. The Client must not copy, digitise or reproduce the prints in any way nor suffer or permit any third party to do so. 4. USE
4.1 The Photographer grants to the Client the License to Use the Photographs from the date of payment of the Fee in full and for the purposes set forth. No use may be made of the Photographs before payment in full of the Fee without the Photographers prior written permission.
4.2 The License to Use the Photographs is only granted to the Client and its benefit shall not be assigned to any third party without the Photographers express prior written permission. Accordingly, even where any form of “all media” License to Use is granted, the Photographers express prior written permission must be obtained before any use of the Photographs for any other purpose, such use relating to another product or sub-licensing through a photo-library.
4.3 Permission to use the Photographs for purposes outside the terms of the license
5.2 Time for collection shall not be of the essence of the contract.
5.3 The Photographer shall not in any circumstances be liable to the Client for any loss, whether direct or indirect, occasioned by late collection or on any other grounds whatsoever.
6. PHOTOGRAPHERS RIGHT TO USE PHOTOGRAPHS
6.1 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 any purpose, including advertising or otherwise promoting his work, unless otherwise agreed in writing.
7.1 Full payment by the Client of the Fee for the Photographs is due to confirm the booking.
8.1 There is no right to reject the Photographs on the basis of style or composition nor to reject the Photographs on the basis of any alleged discrepancy between the colours of the photographic image and the actual colours of the subject matter of the Photographs.
9. CANCELLATION AND POSTPONEMENT
9.1 If the Client wishes to postpone the session/event, the client must give 2 (two) days’ prior written notice. Payment will be held and used upon rescheduled booking.
9.2 If Client wishes to cancel, the client must give 5 (five) days’ prior written notice. Payment held will be refunded within 7-30 days.
9.3 If Client cancels within 5 (five) days prior to session, 50% of payment held will be forfeited by the Client.
10. FORCE MAJEURE
10.1 The Photographer shall not be liable for any failure in the
performance of any of his obligations caused by factors beyond his reasonable control.
11.1 Neither the demand for nor the acceptance of payment made under these terms and conditions nor the failure by the Photographer to enforce any of the terms and conditions at any time or for any period will release or exonerate or in any way affect the liability of the Client or be a waiver of these terms and conditions.
12. WEEKDAY DISCOUNTS
12.1 Weekday discounts apply only to standard packages, and is not applicable for any specials, promotions or mini sessions. Weekday discounts do not apply to public holidays.