Conditions of contract

Moving Pix conditions of contract

In the following conditions of contract “The Photographer(s)” shall mean Richard Jerwood or any photographers appointed by Moving Pix. “The Client(s)” shall be those whose name appears on the contract.  The due performance of the contract is subject to the conditions below and they cannot be varied in any way by The Client(s) unless such conditions are expressly agreed by The Photographer(s) in writing.

Booking Fee for portrait sessions

The Booking fee secures the time and services of the Photographer for the sitting and is nonrefundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation. Sittings that are postponed to a later date will retain the fee as long as the photographer can re-schedule for the new date and time.

Sickness of children

We know that sometimes children can get sick.  We would require as much notice as possible so we can rearrange the session.  If children are absent from nursery, group or school on the day of the booking we will return at another convenient date to photograph that child at no additional cost the client.

Payments and orders

No photographs will be delivered until the Booking fee has been paid in full. Payment for additional images and wall art are to be made when they are ordered.

Payment for the POP UP Pix experience is required in full 4 weeks prior to booking.  Live prints at POP UP Pix events will be given to clients on receipt of print payment.

Orders received for prints taken at nurseries, schools, toddler groups or pre schools will be delivered within 14 working days.

Payment for wall art including multiple print order, canvas prints, box frames, collections and any other products relating to Moving Pix is required on order.  Orders will be delivered to clients chosen address within 28 days.

Display

The Photographer/s may display any photographs included in this contract in his/her studio, web site, portfolio, literature, display areas, exhibitions, competitions, advertising or slide shows.  Clients can opt out of this by informing the photographer at the time of booking.

Images

The Photographer/s 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. It is sometimes impossible to record on film or digitally the exact colour as seen by the human eye.

Editing/Retouching

All images will be edited for exposure, brightness, contrast, sharpness, etc. The Photographer’s judgement regarding these corrections and the number of images put forward to the Client for preview shall be deemed correct. Retouching, digital manipulation and artist finishing is available to the Client as an option for any images purchased either individually, part of CD-Rom products or wall art products.

Re orders

All re orders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing.

Copyright

The Photographer/s retains all copyright of images produced during the session. Any images or copies of images whether stored digitally or otherwise and any 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  Moving Pix in writing.

Client Licencing

The Client is granted a non-commercial licence (free of copying or print restrictions) for any digital images purchased either indivdually or as part of the High resolution CD-Rom. The Social Media CD-Rom includes a unique licence solely for sharing electronically via email and social media only.

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.

Attendance

In the unlikely event of the assigned Photographer being unable to attend your sitting due to unforeseen circumstances, we reserve the right to appoint another photographer to attend your session on our behalf to undertake the photography.

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. Neither party shall be liable for indirect or consequential loss.

Public Liability

Moving Pix, the company is insured by Public Liability Insurance to the sum of £1 million.

DBC checks

The Photographers have received a full DBC check.  A copy of this certificate can be sent to the client on request.

Cancellation

The Client may cancel this contract at any time by giving written notice to The Photographer/s but in doing so shall forfeit any monies paid. All cancellations must be in writing.

Digital Files

Digital files remain the intellectual property of Moving Pix, the company.

Prices

Prices of wall art and digital packages are detailed in our pricelist and are updated quarterly. Pricelists are dated and applicable for shown month and preceeding month. V.A.T. is not applicable to any of the session fee and/or products.

Signed Copy

Before each shoot we require a signed version of the conditions of contract, this will be sent to you on booking and will be required before the shoot can take place.