Terms and Conditions
1. Definitions
1.1 The ‘Photographer’, ‘Us’, ‘We’ refers to Barry Barnard Photography.
1.2 The ‘Client’ refers to ‘Your’, ‘You’ the individual or organisation who hires the photographer from Barry Barnard Photography on a freelance basis.
1.3 ‘Image’ and ‘Photographs’ refer to all photographic production by Barry Barnard Photography.
2. Booking Fees and Refunds
2.1 Full payment for the shoot is taken on invoice.
2.2 Upon receipt of full payment, Barry Barnard Photography will secure the time and date agreed for the event(s) and day(s).
2.3 The full payment is non-refundable and non-transferable in the event of cancellation by you the Client unless exceptional circumstances are agreed. This is solely at the discretion of Barry Barnard Photography.
2.5 Barry Barnard Photography’ will not refund any monies once the event has taken place. In exceptional circumstances should the digital files and or equipment are lost, stolen or destroyed or due to a photographic or mechanical failure i.e. images are lost through equipment malfunction, camera damage or otherwise lost, stolen or damaged without fault on the part of the Client and ‘Barry Barnard Photography’ and only when no photos have been produced will entitle the Client a full refund.
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3. Photographer(s) and photographer’s assistant
3.1 Your shoot will have a minimum of 1 Photographer.
3.2 The Photographer(s) will only be taking still Photographs.
3.3 The Photographer(s) may use their personal mobile phones to take photos and videos on the day of your event, this is to promote the work of Barry Barnard Photography onto social media in real-time.
3.4 Any additional services demanded from the Photographer(s) by you is chargeable at the Photographer(s) discretion.
4. Images
4.1 You will receive images in an online gallery.
4.2 All final image sizes are variable,
4.3 The Photographer will colour balance all photographs which they deem to be appropriate but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres and or anomalous lights. It is sometimes impossible to record on film or digitally the exact colour as seen by the human eye.
4.4 Digital proofs will be ready approximately within 2 weeks after the date of the event(s).
4.5 Barry Barnard Photography is not liable to provide every image taken at the event. The determination of images delivered to the Client is left to the discretion of Barry Barnard Photography.
4.6 Barry Barnard Photography’ will maintain backup copies of the images in archives for a period of 1 year at which time the client may request all original JPEG files on CD, DVD or USB at an additional cost of £100 including Postage and Packaging.
4.7 There is no minimum or maximum amount of images you will receive.
5. Photography
5.1 The Photographer(s) will document your event in a candid documentary style and will choreograph shots at their will.
5.2 You the Client will be responsible for organising specific shots.
5.3 Prior to and or during the event, you may inform the Photographer(s) of any subjects or styles in which you would like the event photographed.
5.4 Barry Barnard Photography will try it’s best to honour your requests however we cannot guarantee that all or any of your requests will be met. The final content of the images produced is at the discretion of the Photographer(s).
6. Creative License
6.1 Barry Barnard Photography shall be granted artistic licence in relation to the poses photographed and the locations used.
6.2 The style and the number of photographs are also dependent on the weather and the availability and willingness of the clients and their animals.
6.3 The Photographer(s) will make their best effort to honour requested photographs but does not undertake any guarantee for any specific picture nor incorporate any specific background, location or group arrangement.
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7. Image Post Production
7.1 The final post production and editing styles, effects, and overall look of the images are left to the discretion of the Photographer(s).
7.2 The number and style of photographs delivered to the client by Barry Barnard Photography shall be deemed correct.
7.3 The Client will not make decisions about which photographs are edited, in what manner or by what means unless this service is taken out as an optional extra.
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8. Printing Sizes
8.1 Images supplied by us will be in digital JPEG format and will be of sufficient resolution for printing a variety of sizes but we do not guarantee specific sizes on all pictures.
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9. Printing Quality and Third Party Printing
9.1 Barry Barnard Photography cannot accept any responsibility or liability for colour balance or quality of any Prints reproduced that is supplied to Third Party Printers from High Street or online photo processing shops.
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10. Copyright
10.1 Watermarked images are not to be used without express permission of Barry Barnard Photography. You accept that screenshooting these images will incur a fee of £25 to include the price of the image plus our administration costs for generating an invoice.
10.2 Any images or copies of images whether stored digitally or otherwise and on 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 any images to be copied photographically, electronically or created by any other means as part of this agreement without the prior permission of Barry Barnard Photography, The Photographer(s) or the Client’s in writing. Negatives/Digital RAW files remain the sole property of Barry Barnard Photography and will not be available to you the Client.
10.3 You agree that Barry Barnard Photography may display and use images for their studio; on any display areas in public or in private; for exhibitions, competitions, advertising, websites, social media networks and has the right to sell, re-sell or auction off your images for profit and for any other purpose deemed appropriate by Barry Barnard Photography.
10.3 Barry Barnard Photography and you the client own the Copyright to all images created from your event. The images are licensed to you the Client for sharing or displaying electronically with Family and Friends and for printing by you the Client as mentioned in this agreement.
11. Attendance
11.1 In the event of The Photographer’s illness or any other emergency and as a result the Photographer is not able to provide the agreed services. We cannot guarantee but will try our best to provide you with a competent substitute professional photographer.
11.2 We do not guarantee but reserve the right to appoint another Photographer to photograph your event on behalf of the initial Photographer at short notice.
12. Limitation of Liability and Indemnification
12.1 In the unlikely event the digital files and or equipment are lost, stolen or destroyed or due to a photographic or mechanical failure i.e. images are lost through equipment malfunction, camera damage or otherwise lost, stolen or damaged without fault on the part of the Photographer(s) and or cancellation of this agreement by either party or in any other circumstance; the liability of Barry Barnard Photography’ shall be limited. Barry Barnard Photography will not be liable for any direct, indirect or any consequential loss and will be free from any damages, claims or lawsuits brought against the Photographer(s) or Barry Barnard Photography.
12.2 Client shall indemnify and hold Photographer(s) harmless from and against any claims made by any other person or entity resulting from the presence and performance of Photographer(s) services under this agreement.
12.3 The Client agrees that this entire event cannot be replicated, re-enacted or repeated for the purpose of a re-shoot, and limits the Photographer’s liability to refund the full amount paid under this agreement.
12.4 Client shall indemnify and hold Barry Barnard Photography harmless from any loss, damage or liability resulting from the Client’s violation of the terms of this Agreement or any agreement involving Client and the Photographer(s).
13. Cancellation
13.1 The Client may cancel this agreement at any time by giving written notice to Barry Barnard Photography, but in doing so shall forfeit any monies paid.
13.2 Barry Barnard Photography’ may cancel this agreement prior to the date of your event by written notice to the Client and will refund in full, any monies including any deposits that the Client has paid to Barry Barnard Photography.
13.3 All cancellations must be in writing.
13.4 Livery yard photo sessions require a minimum number agreed in advance with Barry Barnard Photography. Failure to meet this minimum number may result in the session owing cancelled. All monies will be refunded should this happen.
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14. Complaints
14.1 Any complaints should first be raised by the Client with Barry Barnard Photography in writing within 5 working days from the date of receipt of the images. Any complaints made after 5 working days from the receipt of the images will be void.
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15. The Agreement
15.1 The agreement incorporates the entire understanding between the mentioned parties on the Booking Form: It supersedes all prior and simultaneous agreements between Barry Barnard Photography and the Client. Any modifications of this Contract must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Contract.
15.2 The due performance of the agreement is subject to alteration or cancellation by either party owing to any cause beyond their control.
15.3 It is agreed that the above terms set out the total agreement made between the parties and that no variation or modification of this agreement shall be effective unless agreed by both parties in writing.
15.4 These Terms and Conditions are governed by the laws of England and Wales.
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16. Event Photos
16.1 Photos taken at an event are entirely at Barry Barnard Photography's discretion, specific images will not be guaranteed.
16.2 All images will be stored on this website unless we are asked to remove them.
16.3 We will always make ourselves known at an event by wearing branded clothing and through our signage. If you would prefer we do not take your photo, please let us know.
16.4 Photos will be stored for 3 months and then permanently deleted from our site and from our archives.
16.5 Inevitably we take photographs of children at events, their images will be stored in the same way and by allowing us to take their photograph, you accept this. If you would like photographs removed, please notify us.
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