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.
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.
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. Payment, cancellation and postponement
a. Shoot deposit and payment of balance
A non-refundable deposit of 30% of the agreed shoot fee (as specified in the contract) secures the shoot and is due upon booking. The deposit is non-refundable after 14 days (unless otherwise agreed). Payment in full of the remaining balance of the shoot fee will be due at least two weeks before the day of the shoot. If payment of the full amount is not made within this timescale, the Photographer has the right to withhold his services and accept an alternative booking.
A non-refundable deposit of 30% of the agreed shoot fee (as specified in the contract) secures the shoot and is due upon booking. The deposit is non-refundable after 14 days (unless otherwise agreed). Payment in full of the remaining balance of the shoot fee will be due at least two weeks before the day of the shoot. If payment of the full amount is not made within this timescale, the Photographer has the right to withhold his services and accept an alternative booking.
b. Cancellation after 14 days
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 deposit and may still be liable to pay any extra fees incurred such as advance hotel bookings etc. All cancellations and changes must be in writing. Following cancellation, an agreement regarding compensation will be made through discussion between the parties.
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 deposit and may still be liable to pay any extra fees incurred such as advance hotel bookings etc. All cancellations and changes must be in writing. Following cancellation, an agreement regarding compensation will be made through discussion between the parties.
c. Postponement
For events that are postponed to a later date, the Photographer will retain any fees as long as the Photographer can re-schedule for the new date and time. If the Photographer is not available for the rescheduled date, an alternative photographer can be sought and an agreement regarding compensation will be made through discussion between the parties.
d. Payment of post-shoot materialFor events that are postponed to a later date, the Photographer will retain any fees as long as the Photographer can re-schedule for the new date and time. If the Photographer is not available for the rescheduled date, an alternative photographer can be sought and an agreement regarding compensation will be made through discussion between the parties.
In regards to orders of post-shoot material (albums, books, prints, framed prints etc), 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. quantities, 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. Payment of post-shoot material must be made in full at the time of order.
e. Covid-19 notice
If the scale of the event is reduced due to Covid-related restrictions, a revised fee can be agreed that is commensurate with the revised format. If a postponement is obligated due to legal restrictions put in place by the government or local authority, or if key people (eg. bride and groom) are ill or in quarantine due to the coronavirus (Covid-19) pandemic, the Photographer will, wherever possible, accommodate the client's rearranged date. In these circumstances, if the Photographer is not available for the rescheduled date, an alternative photographer can be sought and a full refund given. Refunds cannot be given if rescheduling is for any other reason (please refer to the terms and conditions on cancellation). Clients are politely reminded that photoshoots are done at their and their guests' own risk and are asked to abide by the rules and regulations in place at the time to help keep a safe environment.
If the scale of the event is reduced due to Covid-related restrictions, a revised fee can be agreed that is commensurate with the revised format. If a postponement is obligated due to legal restrictions put in place by the government or local authority, or if key people (eg. bride and groom) are ill or in quarantine due to the coronavirus (Covid-19) pandemic, the Photographer will, wherever possible, accommodate the client's rearranged date. In these circumstances, if the Photographer is not available for the rescheduled date, an alternative photographer can be sought and a full refund given. Refunds cannot be given if rescheduling is for any other reason (please refer to the terms and conditions on cancellation). Clients are politely reminded that photoshoots are done at their and their guests' own risk and are asked to abide by the rules and regulations in place at the time to help keep a safe environment.
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.
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.
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 45p 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.
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 45p 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. 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.
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.
7. 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.
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, event participant/attendee cooperation permit and also any limitations in place due to pandemic restrictions.
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. Best efforts will be made to retain colour consistency over different production processes allowing for limitations in printing technology.
8. 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.
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.
Additional image manipulations are carried out at the discretion of the Photographer who reserves the right to charge the Client for additional image manipulation to cover time involved, at a rate of £30 per image. Any additional image manipulation/retouching 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. 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 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. All orders must be made in writing.
10. Albums and books
As albums and books are bespoke, hand made products that are individually commissioned for each event, they 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 for approval.
As albums and books are bespoke, hand made products that are individually commissioned for each event, they 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 for approval.
Album and book design is a collaborative process involving input from clients in choosing and sharing album photos with the Photographer and advising of preferences with design and customisation. The time involved in designing albums and books can vary considerably depending on the features of the event and design of the document. If the design features lots of personalised elements, the process will be longer and require more input.
Once the proofs are approved, the album/book will be sent for print (turn around time can vary, once sent to print is usually 7 to 10 working days, though no guarantees can be given).
Albums/books 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/books should be stored flat to protect the spine, unless advised otherwise.
11. Returns policy
a. Incorrectly supplied items and items of poor quality (as 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 (address supplied on request). 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 by the Client.
d. No return, exchange or refund is available on any item once the image proof has been approved, and an order placed.
a. Incorrectly supplied items and items of poor quality (as 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 (address supplied on request). 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 by the Client.
d. No return, exchange or refund is available on any item once the image proof has been approved, and an order placed.
12. 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.
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.
13. Copyright and usage
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 and Design Act 1998 assigns 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. The Photographer 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).
e. 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 his work.
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 and Design Act 1998 assigns 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. The Photographer 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).
e. 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 his work.
14. 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.
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.
15. 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.
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.
16. Photographer cancellation
The due performance of this contract is subject to alteration or cancellation by the Photographer owing to any cause beyond their control. In the unlikely event of the assigned Photographer being unable to attend your event due to unforeseen circumstances, the Photographer reserves the right to appoint another photographer to attend your event on their behalf, to undertake the event photography to his/her best ability. In this instance, the terms and conditions of the contract would remain.
The due performance of this contract is subject to alteration or cancellation by the Photographer owing to any cause beyond their control. In the unlikely event of the assigned Photographer being unable to attend your event due to unforeseen circumstances, the Photographer reserves the right to appoint another photographer to attend your event on their behalf, to undertake the event photography to his/her best ability. In this instance, the terms and conditions of the contract would remain.
17. 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.
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 the 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.
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.
If Client is more than 30 minutes late for a shoot without communication the shoot is liable to be cancelled and no refund will be given on any shoot fee paid.
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 or death occurs.
18. Rights and Consents
The Photographer does not give permission to any third party organisations to use images unless otherwise agreed in writing from clients and a licence bought from the Photographer.
The Photographer does not give permission to any third party organisations to use images unless otherwise agreed in writing from clients and a licence bought from the Photographer.
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 their self that all necessary rights, releases or consents required for reproduction have been obtained.
19. Personal accident
Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be given and followed at the persons own risk. The Photographer cannot be held responsible for any personal accidents during a photographic shoot.
Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be given and followed at the persons own risk. The Photographer cannot be held responsible for any personal accidents during a photographic shoot.
20. Harassment Policy
Coverage will be terminated if a guest at the event acts inappropriately towards the photographer and the issue cannot be resolved.
Coverage will be terminated if a guest at the event acts inappropriately towards the photographer and the issue cannot be resolved.
21. 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 (eg. filling out the enquiry form either on or off line or any other medium) 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 a copy of the data held to be given to you.
b. Forgotten clause
You have the right to be forgotten. All personal information will be deleted from current and back up systems unless it is a legal requirement to keep such information.
c. 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, at any time, their consent for images to be used in the future. Such requests must be made in writing. Images can be taken down from the Photographer's websites and social media accounts but it may not be possible to withdraw images that are already in the public domain or distributed on or offline by third parties.
d. 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.
From the 25th May 2018 new GDPR laws will apply. They are as follows:
a. Marketing
By giving the Photographer your email (eg. filling out the enquiry form either on or off line or any other medium) 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 a copy of the data held to be given to you.
b. Forgotten clause
You have the right to be forgotten. All personal information will be deleted from current and back up systems unless it is a legal requirement to keep such information.
c. 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, at any time, their consent for images to be used in the future. Such requests must be made in writing. Images can be taken down from the Photographer's websites and social media accounts but it may not be possible to withdraw images that are already in the public domain or distributed on or offline by third parties.
d. 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.
22. Amendments to Terms & Conditions
The Photographer may update these details from time to time. Please check this website from time to time to clarify any changes.
The Photographer may update these details from time to time. Please check this website from time to time to clarify any changes.
23. 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.