1. Photography Terms and Conditions
In the following terms & conditions ‘the photographer’ shall mean Phillip Jackson trading as Phil Jackson Avanti. ‘The client(s)’ shall be those persons defined as the client in the booking. It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
2. Applicable law
a.
The laws of England and Wales shall govern this agreement. These Terms and Conditions shall not be varied except by agreement in writing.
b. In the event of any conflict between these terms and conditions (including those relating to the time of payment) and those issued or submitted by the Client and in the absence of any contrary agreement in writing these Terms and Conditions shall prevail.

3. Deposit
A booking fee of 30% of the agreed fee is due upon booking which is non-refundable after 14 days (unless otherwise agreed). The booking fee will be deducted from the final balance due. Payment in full of the remaining balance will be due at least two weeks before the day of the shoot. The photographer has the right to not deliver any images until the final payment has been made. 
3.1 Cancellation costs after 14 days
If the consumer exercises their right to cancel after having made a request in accordance with regulation 36(1) which stipulate the request must be in writing, the consumer is to be liable to pay the trader reasonable costs in accordance with regulation 36(4).
An agreement regarding compensation will be made through discussion between the parties.
Because of the bespoke nature of photography, and because the supply of the photographs has been made to the Client’s personal specification, (i.e. image number, print size, frame style, etc.), the Client does not have the right to a cooling off period, refund or exchange on products of any kind once the order has been placed.
By placing an order with the photographer you are committing to buy the ordered products.
4. Event Arrangements
The details of the arrangements are to be agreed beforehand in writing (email is acceptable). The client shall notify the photographer of any changes to these details in writing. The photographer cannot be held liable for delays or disruption in their delivery of the services until any changes are received in advance, and acknowledged in writing. Events that are postponed to a later date will retain any fees as long as the photographer can re-schedule for the new date and time.
5. Travel and Accommodation Expenses
All travel expenses are based on the distance between the event location(s) and the photographers address. For all event(s), the first 40 miles roundtrip of travel are included. All miles in excess of 40 miles roundtrip are charged at 44p per mile. In the event that the photographer is required to take accommodation due to event location, costs will be agreed in advance with the client.
6. Cancellation
The client may cancel this contract at any time by giving written notice (email is acceptable) to the photographer but in doing so will forfeit the booking fee and may still be liable to pay extra fees (see 2.1). All cancellations and changes must be in writing.
7. Display
The photographer reserves the right to use images created under this contract for advertising, display, publication or other purposes. The Client gives permission for the photographer to use their name, images and photographic likeness in advertising, display, publication or other purposes. Negatives, digital files, websites and previews remain the exclusive property of Phillip Jackson.
8. Images
All image sizes are nominal. 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. It is sometimes impossible to record on film, or digitally the exact colour as seen by the human eye. For a booking involving a church ceremony or 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 ceremony may not be the photographer’s choice, and the photographer cannot accept responsibility for any obstructed view should this be the case. Please ensure you have had this discussion with the official in charge prior to your event for your understanding.
The photographer does not guarantee any specific poses and/or effects, but will produce photographs that timing, lighting, weather, building characteristics, church (ceremony location) rules, interference from other cameras, and event participant/attendee cooperation permits.
All images produced by the photographer are done on a fully calIbrated monitor, and all prints will be a true reflection of the editing carried out by the photographer. The photographer will not be held responsible for variances in images caused by clients viewing images on non calIbrated screens or monitors.
Additional edits are carried out at the discretion of the photographer and reserves the right to charge the Client for additional editing to cover time involved, at a rate of £30 per image. Any additional edit requests MUST be raised by Client at the proofing stage. Requests not raised at proofing stage will not be considered once products have been ordered.
9. Retouching
All images will be adjusted 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 at extra cost.
10. Prints/Re-orders
All prices are subject to change without notice by the photographer. No consideration will be given to previous clients regarding product pricing, availability, package structure, or session fees.
All prints and re-orders shall be treated as an extension of this contract. No responsibility for error will be accepted unless orders are given in writing.
Although the photographer will do their best to produce more proofs than discussed with the Client there is no guarantee that any particular number of proofs will be produced.
11. Albums
As albums are bespoke, hand made products that are individually commissioned for each couple are exempt from the regular ‘returns’ part of the ‘Consumer Rights act 2015’, with that in mind it’s important to take the time to fully check design and cover proofs that will be emailed to you. 
Album design is a collaborative process involving input from clients in choosing and sharing album photos with me and advising of preferences with design and customisation. The time involved in designing albums can vary considerably depending on the features of your design. If your album design will feature lots of personalised elements, the process will be longer and require more input from you.
Once you have approved the proofs, your album will be sent for print and any further enquiries will be a matter for the printing company (turn around time can vary, once sent to print is usually 7 to 10 working days).
Albums are temperature and humidity sensitive and should be stored at room temperature and not in a loft or out building. Warping of the pages can occur if they are stored below room temperature or in humid conditions. Albums should be stored flat to protect the spine, unless advised otherwise.
12. Returns policy
a) Incorrectly supplied items and items of poor quality (deemed by the photographer) can be returned and will be replaced at no extra charge to the Client.
b) Faulty items should be posted to Phil Jackson Avanti Foto, 50 The Locks, Bingley BD16 4BG. The Client is responsible for any costs associated with return postage.
c) Returns will not be considered for incorrectly ordered items or items ordered in error.
d) No return, exchange or refund is available on any item once the image proof has been approved, and an order placed.
e) The client understands they cannot get a refund for any digitally bought images once the client has access to their gallery.
13. Identification
While the photographer has taken reasonable care to correctly identify, caption and orientate the pictures, it does not accept any liability for loss or damage incurred by the Client or any third party caused by any errors.
14. Receipt of orders
Any product orders are presumed to have been received in good condition unless the Client notifies the photographer in writing of any discrepancy or error within 14 days of receipt.
15. Copyright
No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of the photographer. This includes saving, screen grabbing and downloading from Facebook or other social media. The copyright designs and patents acts assign the copyright of the images to the photographer. Copyright is retained by the photographer at all times throughout the world. 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 1998. 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.
a. Phillip Jackson gives permission to print any digital images given to the client as part of a package. However, the client may not use these images to enter any competitions or sell them for profit, unless agreed otherwise in writing. The right to reproduce a picture granted by the photographer is personal to the Client and may not be assigned to any third party without the photographer’s prior written consent.
b. The Client may not alter or add to or manipulate a picture by means of computer or any other technique or reproduce a picture in whole or in part as an element within, or as a montage with, another picture without the photographer’s written permission.
c. In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to the photographer an unauthorised use fee of £1000 per image, or double the standard reproduction fee for the use concerned, whichever is the greater.
d. The Client will fully indemnify the photographer against any unauthorised reproduction of a picture submitted to the Client made by any third party as a result of or arising out of any breach by the Client of any of these terms and conditions (including but not by way of limitation the Client allowing a picture or a copy thereof to come into the possession of a third party without the photographer’s prior written consent).
16. Licence
The photographer shall be granted artistic licence in relation to the poses photographed and the locations used. The photographer’s judgement regarding the locations/ poses and number of images taken shall be deemed correct. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all of the images requested.
17. Images online
It is illegal to attempt to download, or to attempt to remove a watermark from, any image taken and posted online by the photographer for any reason. Should an image online be saved via any means, and used elsewhere without the written permission of the photographer, whether the copyright has been removed or not, a copyright infringement fee of £1,000 per image will be applied to avoid court action, and must be paid within 28 days.
18. Photographer cancellation
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control. 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. In the unlikely event of the assigned photographer being unable to attend your wedding due to unforeseen circumstances, the photographer reserves the right to appoint another photographer to attend your wedding on their behalf, to undertake the event photography to his/her best ability.
19. 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.
The client expressly releases photographer from all claims, damages, and liabilities that may result from accidents or incidents that occur while services are being performed or thereafter. This waiver of liability includes waiver of any claim that may be a result of negligence.
If Client is more than 30 minutes late for a session without communication the session is cancelled and no refund will be given on any session fee paid. A full session fee will need to be paid to rebook.
The photographer will not be held liable for any adverse effect or illness the client suffers as a result of an allergy. By paying the booking fee you are agreeing to waive all rights to sue the photographer if any illness occurs.
20. Use of pictures
The photographer retains the right in all cases to use the pictures in any manner at any time throughout the world for the purposes of sales, advertising or promotion, of its work.
21. Model release
Unless specified in writing, the photographer makes no claim or warranty as to the existence or validity of connected therewith model or other releases in respect of the pictures or as regards the reproduction by the Client of any names or trade marks depicted in the pictures. It is the Client who must satisfy himself that all necessary rights, releases or consents required for reproduction have been obtained.
22. IF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE UNDER THE LAW, THE VALIDITY OF THIS AGREEMENT AS A WHOLE SHALL NOT BE AFFECTED, AND THE OTHER PROVISIONS OF THE AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.
23. Personal accident
Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be said at the persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
24. Harassment Policy 
Coverage will be terminated if a guest at the wedding or event acts inappropriately towards the photographer and cannot be resolved.
25. General Data Protection Regulation (GDPR)
From the 25th May 2018 new GDPR laws will apply. They are as follows:
a. Marketing
By giving the photographer your email (i.e. filling out the enquiry form) you agree the photographer can contact you regarding your enquiry and send you photography related marketing material.  You may opt-out at any time.  You can ask for your data to be deleted or you can ask for a copy of the data held to be given to you.
b. Forgotten clause
You have the right to be forgotten i.e. all of the information the photographer has on you will be totally and utterly deleted from all current systems and previous backups.  It can also include erasing your images, including backups. Your details and images will be kept on record unless otherwise requested.
c. Third party consent
The photographer does not give permission to any third party organisations to use the images unless otherwise agreed in writing from the clients and a licence bought from the photographer.
d. Right to withdraw
By agreeing to these terms and conditions you are giving your consent for your images to be used for marketing purposes.The client has the right to withdraw their consent at any time (please do so in writing).
e. Selling to third parties
Under no circumstances will your personal data (e.g. email, phone or home address) be sold to any third parties and all of your information will be stored on a password protected database.
26. Privacy policy
The photographer will never share, or allow to be accessed, shared or distributed, any personal or contact information of any client or enquiry obtained by any means. ALL contact information is protected on secure systems and password protected at all times.
27. Personal accident
a.
Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be said at the persons own risk.
b. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
28. Governing Law
This agreement shall be governed in accordance with the laws of England and Wales.
29. Binding agreement
I, the Contracting Party, confirm that I have read the herein agreement prior to its execution and I understand the contents thereof. I understand, once the booking fee has been made, this agreement shall be binding.

Covid-19 Notice
If you need to reschedule your event due to the coronavirus pandemic I will always make your wedding my priority and accommodate your new date where physically possible. Nothing in my service to you will change. If I am not available for your new date I will help you find another photographer and I'll give you a full refund. Please refer to the terms and conditions if you're rescheduling your wedding for any other reason. 
Clients are politely reminded that photoshoots are done at their own risk and are asked to abide by the new rules and regulations to help keep a safe environment.