Terms and Conditions

General Terms and Conditions

Note – For the purpose of this document Chris Ward Photography shall be referred to as CWP. The visitor to the site or the individual (whether representing an organisation or not) who uses the services of Chris Ward Photography shall be referred to as the Client.

01 NO VARIATION OF the terms and conditions set out here will be effective unless agreed in writing by both parties. In the event of any conflict between these terms and conditions (including those relating to the time of payment) and those issued or submitted by the Client and in the absence of any contrary agreement in writing these Terms and Conditions shall prevail.

02 WHILE CWP HAS taken reasonable care to correctly identify, caption and orientate the pictures, it does not accept any liability for loss or damage incurred by the Client or any third party caused by any errors.

03 PHOTO SESSIONS DO involve physical activity. This is undertaken at your own risk.

04 ALL SHIPPING OF goods and documents is done at the responsibility of the client.

05 THE CLIENT MUST not remove any copyright, trademark or any other intellectual property notices contained in the original material and/or from any prints purchased from CWP.

06 ALL DISPUTES ARE governed under the jurisdiction of the courts of Bruges.

07 ALL PRICES MENTIONED are exclusive of VAT (if not stated otherwise).

Reproduction & Copyright

01 IN THIS AGREEMENT the term picture or image includes photography, transparency, negative, design, artwork, digital image file or any other item which may be offered for the purpose of reproduction; the term reproduction includes any form of publication or copying of the whole or part of any picture whether altered or not and whether by printing, photography, slide projection (whether to an audience or not), xerography, electronic or mechanical reproduction or storage. Or for any use as artist’s reference or illustration, or in a layout or presentation.

02 PICTURES ARE SUPPLIED on loan and no property or copyright in any picture passes to the Client either on submission of the pictures or on the grant by CWP or reproduction rights for any picture.

03 PERMISSION TO REPRODUCE a picture is granted to the Client by CWP only when a fee for the reproduction has been agreed with CWP and an invoice has been issued by CWP and paid in full by the Client to CWP.

04 CWP DOES NOT permit “self-billing” by the Client and a licence to reproduce is granted only when the full fee has been agreed with, invoiced by, and paid to CWP in accordance with condition 03 above.

05 THE RIGHT TO reproduce a picture granted by CWP is personal to the Client and may not be assigned to any third party without CWP’s prior written consent.

06 THE CLIENT MAY not alter or add to or manipulate a picture by means of computer or any other technique or reproduce a picture in whole or in part as an element within, or as a montage with, another picture without CWP’s written permission.

07 UNLESS SPECIFIED IN writing, CWP makes no claim or warranty as to the existence or validity of connected therewith model or other releases in respect of the pictures or as regards the reproduction by the Client of any names or trademarks depicted in the pictures. It is the Client who must satisfy himself that all necessary rights, releases or consents required for reproduction have been obtained.

08 THE CLIENT WILL fully indemnify CWP against any unauthorised reproduction of a picture submitted to the Client made by any third party as a result of or arising out of any breach by the Client of any of these terms and conditions (including but not by way of limitation the Client allowing a picture or a copy thereof to come into the possession of a third party without CWP’s prior written consent).

09 THE CLIENT MUST not remove any copyright, trademark or any other intellectual property notices contained in the original material and/or from any prints purchased from CWP.

10 PERMISSION TO REPRODUCE a picture applies only to the reproduction described in the invoice or licence. In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to CWP an unauthorised use fee of €100 or double the standard reproduction fee for the use concerned, whichever is the greater.

Invoicing

01 THE INVOICE LISTS all the pictures delivered to the Client using the image number as a unique reference. The pictures are presumed to have been received in good condition unless the Client notifies CWP with registered mail of any discrepancy or error within 8 days of receipt.

02 IF CWP’S INVOICE is not paid in full on the ‘due date’ issued, CWP may charge interest on the overdue payment at 10% per month or part of a month with a minimum of €25.

03 THE GOODS SUPPLIED remain the property of CWP until the price (principal, costs and interest) has been paid in full.

04 WHEN A CLIENT requests to have the work produced before the previously agreed period an additional cost will be charged.

Quotes & Contracts

01 QUOTES ARE OFFERED without obligation and are valid for 1 month from the date issued.

02 FOR LONG TERM contracts or large orders, a payment in installments will be asked. The amounts and periods will be agreed in advance.

Booking & Cancellations

01 A DEPOSIT OF €50 is required to confirm a photo shoot booking. Dates are reserved only when payment has been receieved to CWP. The deposit is only refundable within the first 14 days of booking after which the deposit will not be refunded under any circumstances. Provisional booking will only be held for 7 days, the first day being when the date is requested. Upon the deposit being received, CWP will secure your booking day. At such time as this order is completed/the day of the shoot, the deposit shall be applied to reduce the total cost and Client shall pay the balance due.

02 FAILURE TO PERFORM. If CWP cannot perform due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Chris Ward’s illness, in the event that photographic materials are damaged, then CWP shall return the deposit to the Client but shall have no further liability with respect to the Agreement.

03 YOU WILL BE required to provide personal details such as address, contact numbers, email address at the time of booking. If an appointment is changed or cancelled without 5 days notice, 25% of the shoot fee may be charged as an inconvenience/cancellation fee.

04 IN THE EVENT where The Client notifies CWP of a cancellation of an order in progress, the Client remains liable for payment for the work already performed by CWP prior to the time of the Client’s notice of cancellation.

Complaints

01 ANY COMPLAINTS SHOULD be raised within 8 days of the delivery of the goods or services. No refunds will be entertained for any reason after this period.

02 ANY COMPLAINTS REGARDING invoices should be raised within 8 days. If no complaints are raised the Client will be assumed to have approved the invoice.

Vouchers

01 VOUCHER VALID FOR 1 year from date of issue.

02 VOUCHER CANNOT BE used in conjunction with any other offer or voucher and is not redeemable for cash or any other goods and may only be used as described.

03 VOUCHER MAY NOT be used to purchase images from a previous session.

04 VOUCHER IS NOT transferable.

05 ONE VOUCHER PER family unit per year.

06 THE DATES AND times available for your photographic session in conjunction with this voucher are Monday-Sunday but may vary at the discretion of Chris Ward Photography.

07 You will be required to provide personal details such as address, contact numbers, email address at the time of booking. If an appointment is changed or cancelled without 5 days notice a €25 charge may be applicable.

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