Terms of Service

1. Definitions

1.1. In the following terms and conditions:

(A) “Photographer” means RoxanneBphotography or Roxanne Bennett

(B) “Client(s)” shall mean the individual or company purchasing the photography

(D) “Services” shall mean the photography to be carried out and any other services agreed upon in the contract such as editing

1.2 It is agreed upon that the following terms and the contract set out the entire agreement made between parties, and that no other variation or modification of the contract will be effective unless agreed upon by both parties in writing.

2. Copyright and Ownership

2.1 The entire copyright, title and intellectual property rights of any images will remain that of the photographer at all times and throughout the world

2.2 With this ownership the photographer holds the right to use any images for their portfolio, website of any other means they choose unless specifically agreed otherwise in the contract.

3. Right to credit

The photographer asserts both their moral right to be identified as the author of their work and the right to a credit (where possible) is asserted in accordance with sections 77-79 of the copyright, designs and patents act 1988 or any amendment or re-enactment thereof. Please credit ‘RoxanneBphotography’

4. Use

4.1 Images are to be used as agreed at the time of booking and as stated in the contract. The licence to use is limited to the use specified on the contract and no other use may be made of the images without the photographers express written permission. An agreement must be reached with the photographer before images are used for any other purpose.

4.2 Manipulation of the images in any way is forbidden, the only allowable manipulation is instagrams auto cropping, any other manipulation to the images will not be tolerated.

4.3 RoxanneBphotography reserves the right to request the removal of any photo in breach of the terms and condition, the client agrees to honour these requests

5. Exclusivity

5.1 The usage rights granted are personal to the client and may not be transferred, nor may any image delivered to the client be loaned or transferred to third parties

5.2 The photographer reserves the right to refuse to supply a reproduction licence to a third party when requested to do so by the client

5.3 The photographer retains the right in all cases to use the images covered by this agreement at any time and in any part of the world for purposes of advertising or otherwise promoting their work ( Unless it is specifically agreed upon otherwise in the contract and the client pays the additional exclusivity fee)

6. Cancelation by the client

6.1 When a booking is confirmed, if it is subsequently canceled a cancelation fee will be charged to there client according to the following schedule: (a) If the client cancels within less than 7 business days of the confirmed date a charge of 30% of the booked time rate will be charged if the deposit has already been paid, then the deposit will be kept instead and no further charges paid (b) If the client cancels within 24 hours of the confirmed date and time the deposit will be kept and a further charge of 20% of the invoice will be required from the client (c) If the client cancels with within 3 hours of the confirmed time the full fee will be charged.

7. Cancelation by the photographer

The photographer will endeavour to put the client in touch with another photographer in the event the photographer cannot attend the booked date/time due to any cause beyond their reasonable control e.g sudden illness, injury, victim of crime, flooding etc. In the event of such cancelation 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 by the client up until that point.

If the photographer suggests to Reschedule a shoot instead of canceling then the fees will stay the same and the deposit, if already paid, will act as the deposit for the new date.

8. Rejection

Unless a rejection fee is agreed upon in advance, the client has no right to reject the images on the basis of style of composition. No refunds will be issued if the client is unhappy with their images for stylistic or compositional reasons.

9. Payment terms and Payment

9.1 The payment terms are strictly 14 days from the date of invoice, unless otherwise agreed in advance in writing, or unless the client cancels the booking within 7 days of the scheduled date, in the event of a last minute cancellation payment will be expected within 24 hours.

9.2 The Photographer reserves the right to charge interest at the rate prescribed by the Late Payment Of Commercial Debts (Interest) Act 1998 from the due date until the date payment is made

9.3 Payment by BACS is preferred and bank details will be provided on the invoice.

10. Applicable law

This agreement shall be governed by the laws of England and Wales