Terms and Conditions
General Terms & Conditions
In the following terms & conditions “the photographer” shall mean Darrell Martin trading as Briarmedia Ltd. “The client(s)” shall be those persons defined in the photographs. It is mutually agreed that the following terms of agreement form an integral part of this contract and cannot be varied in any way by the client(s) unless such conditions are expressly agreed by the photographer in writing. By booking with the photographer you agree to the below Terms and Conditions.
1. Display
1.1 The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc.
2. License, Coverage and Reproduction
2.1 Photographs taken during the course of the session/event will be at the discretion of the photographer although every effort will be made to comply with the clients requirements.
2.2 The photographer shall be granted artistic license in relation to the poses photographed and the locations used. The photographer’s judgement regarding these matters shall be deemed correct.
2.3 When attending events the photographer shall endeavour to photograph all individuals as requested by the client(s) at some point, but no responsibility will be taken by the photographer on the occasion of leaving somebody out.
2.4 At certain venues, the photographer’s movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the event may not be the photographer’s choice and the photographer cannot accept responsibility for any obstructed view should this be the case.
2.5 On location or events due to a variety of uncontrolled lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs.
2.6 Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.
3. Prints, reprints and enlargements
3.1 I offer print and enlargements sizes all with different aspect ratio’s, all of my images are shoot to the aspect ratio of 2:3 which is ideal for most popular enlargement options. However on some of the enlargements sizes I offer image cropping may/will occur. Please ask advice before ordering enlargements.
4. Postage & Packaging
4.1 The post & packing charges are as listed on the website.
5. Creative Licence
5.1 Briarmedia Ltd shall be granted creative and artistic licence in relation to the choice of locations and poses used. Briarmedia Ltd’s judgement on photographic style and the number of photographs taken shall be deemed correct. Some photographs may not be possible due to changes of the weather and the availability and willingness of subjects. Briarmedia Ltd will do his best to honour requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement.
6. Copyright
6.1 The 1998 Copyright, Designs, and Patents Act assigns copyright to Briarmedia Ltd, unless at the time of booking a release is negotiated. By purchasing images in either print or digitally you are purchasing the right to the image, not the copyright and therefore have no rights to reproduce the image in or on any medium. You may not copy the photographs taken under this contact, or allow copies to be made photographically, electronically, or by any other means unless concent is given. This is a standard condition for professional photographers.
7. Ownership
7.1 All digital negatives (computer files) remain the property of the photographer. On occasion, the photographer may supply a copy of the edited digital negatives to the client(s) for their own non-commercial use.
8. Force Majeure
8.1 In the unlikely event of total photographic failure, injury or sickness beyond Briarmedia Ltd’s control, their liability shall be limited to a full refund of all monies paid. Your statutory rights are not affected. Briarmedia Ltd has full Public Liability and Professional Indemnity Insurance.
9. Complaints Procedure
9.1 Please address any complaints to Briarmedia Ltd by email or writing as per my contact details. I will endeavour to respond to any complaint within 5 working days of receipt.