1. Contract
It is agreed that the terms set out herein and on the specific quotation or estimate provided, form the total agreement (Contract) between the Client and PureFineArt Gary Yelland (the Photographer) and that no variation or modification of this Contract shall be effective unless agreed by both parties in writing. This Contract is effective upon acceptance by the Photographer of an order placed on him in writing by the Client.

2. Access
For all photographic assignments on location involving the use of backgrounds, stands, lights or substantial props etc. there must be available free parking either on or immediately outside the location premises. If an order is placed and this condition is not met, the Contract shall be deemed cancelled and clause 12 shall apply.

3. Special Requests/Coverage
The Client understands and accepts that the photographic coverage will be as the Photographer’s professional expertise determines and, as far as is practically possible, in accordance with the Client’s written instructions but that no one photograph shall be deemed more important than another. Special requests outside those detailed in the Client’s specification/order are not binding instruction, although every effort will be made to comply with the Client’s wishes.

4. The Photographer
If the Photographer is unable (e.g. due to ill health) to provide the required photographic coverage at the specified times, every effort will be made to provide a substitute photographer but this is without guarantee. In such a situation, alternative date(s) to complete the photography will be offered to the client.

5. Images
All image sizes are nominal. For general commercial photographic assignments, the Photographer will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials, especially man-made fibres. In the case of photographs taken in respect of accident, injury or fault incidents for record or insurance purposes, a neutral colour balance will be provided and no other retouching or adjustments to the image (other than cropping to the required image aspect ratio) will be carried out.

6. Retouching
With the exception of photographs taken in respect of accident, injury or fault incidents for record or insurance purposes; retouching, digital manipulation and artist finishing is available to the Client as an optional extra.

7. Copyright
Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988. It is contrary to the Act to copy or allow to be copied photographically/ electronically or by any other means an image created as part of this Contract without the permission of the Photographer in writing (Licence to use images) and payment of the applicable fees. Copyright remains with the Photographer and is non-assignable.

8. Negatives/Digital Files & Supplied Goods
Negatives/digital files remain the property of the Photographer. Title in any goods supplied to the Client shall remain with The Photographer until all due payments have been received in full.

9. Artistic Licence
Provided it is within the scope of the Client’s specification, the Photographer shall be granted complete artistic licence including in relation to, and where applicable, the poses photographed, choice of backdrop & lighting and/or locations used. The Photographer’s judgement regarding these aspects of the assignment and the number of images taken shall be final. According to space made available at the location, the vagaries of the weather (for outdoor location assignments) and the willingness / availability of subjects, it may not be possible to capture all the images requested.

10. Force Majeure or Act of God
The due performance of this Contract is subject to alteration or cancellation by either party owing to any cause beyond their control.

11. Display
The Client hereby allows the Photographer to display any images included in this Contract in their portfolios, literature and advertising, including web sites, with the exception of any photographs that may identify an individual in connection with any claim for personal injury or accident. In the case where a “Licence to use images” is issued on an exclusive basis, no use of the images will be made by the Photographer for other commercial reason except with the written permission of the Client.

12. Cancellation
The Client may cancel this Contract at any time by giving written notice to the Photographer but in doing so shall forfeit any monies paid. If notice of cancellation by the Client is received less than one week prior to the date of the proposed assignment, the Client shall in addition pay a sum equal to the balance due for the proposed assignment but excluding any expense items not already incurred by the Photographer. The said sum shall be payable in compensation for the estimated loss to the Photographer. For assignments involving repeat photographic coverage (e.g. construction site development), reference to “assignment” in this clause shall be construed as being any of the scheduled photographic sessions.

13. Limitation of Liability
In the unlikely event of a total photographic failure or cancellation of this Contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the Contract or, in the case of a contract involving repeat photographic coverage (e.g. construction site development), to the total value of one scheduled photographic session. Neither party shall be liable for indirect or consequential loss.

14. Payment
Payment shall be in strict accordance with the payment terms specified on the estimate or invoice. Where payment is not received by the due date the Photographer reserves the right to impose a surcharge of 20% of the value of the invoice or £20 what ever is the higher amount per month, or in proportion for any part thereof. There will be a £20.00 (GBP) charge for any cheque not honoured on its first presentation. A charge of £25 may be levied for each letter sent to the Client in respect of late payment. The Photographer shall only be liable for any non-compliance with this clause if it is proved that the same was caused by the negligence or default of the Photographer.

15. Complaints
Any complaints should be raised by the Client with the Photographer, in writing, within 28 days of first becoming aware of the matter to be complained of and in any event within 28 days of receipt of the specified goods or services.