Terms & Conditions
It is mutually agreed that the following terms and conditions form an integral part of this contract/invoice and that no variation or modification of this contract shall be effective unless accepted by Katie Royle Photography (also called “the Photographer” or “the Photographers”) in writing.
1.Terms of Service
a.Copyright – The 1988 Copyright Act assigns the copyright to the Photographer. It is contrary to the Act to copy, publish, reproduce or store images electronically, unless the express permission of Katie Royle Photography has been purchased. If permission is granted, then transfer of the copyright commences only once payment for the copyright has been made in full.
b.Copyright Infringements - Any persons found to have screenshot from the website shall be invoiced for damages and agree to pay £50 per screenshot posted, have their images removed from the website and any future event images shall be deleted before upload.
c.The Client may not (either personally or via a third party) 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.
d. Commercial Usage - Images purchased with "personal usage only" should not be used to promote any goods/services or be posted to any business website or social media without prior consent or the appropriate licence being purchased directly from the album. Any break of this will result in the offender being invoiced for damages.
e.Display – The Photographer reserves the right for any photograph created during sessions to be displayed in the studio, portfolio, or in any other advertising directly associated with Katie Royle Photography.
f.Force Majeure – Every effort will be made to carry out the contract but its due performance is subject to alteration or cancellation by the Photographers owing to any cause beyond their control (eg acts of God, change in legislation, floods, fire, computer failure, etc). In the unlikely event of total photographic failure or cancellation of this contract by the Photographers, liability shall be limited to a full refund of all monies paid.
g.Law – These Terms and Conditions shall be governed and construed in accordance with the Laws of England.
h.Licence – The Photographers shall be granted artistic licence in relation to the poses photographed, the location used and digital retouching. The Photographers’ judgement regarding the locations, poses and number of photographs taken shall deemed to be correct.
i. Photographs – All photograph sizes are nominal. The Photographer will provide a pleasing colour balance but cannot guarantee exact colour matching. In the case of part mono/part colour images, the colours used will be subject to the photographer’s artistic interpretation and will be deemed to be correct.
j. All photographs supplied by contracted companies on behalf of Katie Royle Photography are produced to the highest standards using the best quality materials and latest processing techniques. However, all photographs will, in time, fade. This is particularly true if they are left in bright sunlight and are not behind glass. Katie Royle Photography cannot accept any responsibility for this gradual image deterioration.
All pictures purchased online are presumed to have been received in good condition unless the Client notifies Katie Royle Photography in writing of any discrepancy or error within 14 days of receipt. Those bought onsite at events must be thoroughly checked for errors before leaving with them as mistakes will not be rectified afterwards.
k.Payment – In advance unless otherwise agreed by the Photographers.
l.Prices – All services and/or goods are supplied at the current prices ruling at the time of supply and are subject to change without prior notice.
m.Travelling expenses depend upon the location of the shoot. 40 pence per mile is our usual charge for jobs further than a 15 mile radius surrounding Fleet.
Or
Travel time to your shoot is charged at £15 per hour, if the travel time exceeds 1 hour.
n.Vouchers – Only one voucher or offer can be used per session or against products arising from that session.
o. Reprint Orders – All re-orders shall be treated as an extension of this contract. No responsibility for error will be accepted unless orders are given in writing.
p. Retouching – The final output and finish of any image that is re-touched will be at the photographers discretion.
q. Storage of Images – Original digital images are kept on an active file for three months, after which time they will be subject to deletion without notice unless expressly stated otherwise by the Photographer.
2. Refunds and Cancellation
a.Refund Policy – We will not refund, nor accept the return of/refusal to pay charges for, any technically acceptable photograph supplied either in print or in electronic format. No exception can be made as we cannot be held responsible for individual tastes or exceptions.
Once an order has been placed, We will not offer a refund. All orders must be thoroughly checked before purchasing for cropping and clarity purposes, as errors cannot be corrected afterwards. We may at our discretion allow you to place an order for different products with the same value. This will not affect your statutory rights.
b. Cancellation Policy – One month or more before photo shoot, event or workshop – Upon receiving a cancellation notice in writing Katie Royle Photography will reimburse any monies paid in full.
Less than one month before photo shoot – If cancelling your contract less than one month prior to the date of the photo shoot, event or workshop 50% of all monies paid will be retained by Katie Royle Photography.
Less than one week before photo shoot – If cancelling your contract less than one week prior to the date of the photo shoot, event or workshop 75% of all monies paid will be retained by Katie Royle Photography.
Less than 48 hours before photo shoot, event or workshop – If cancelling your contract less than 48 hours prior to the date of the photo shoot all monies paid will be retained by Katie Royle Photography.
Rebooking for a different date will be subject to availability and photographers discretion, but we reserve the right to decline and treat as a cancellation in line with timelines and monies retained.
3. Indemnity & Liability
a. The photographer must be notified of items that arrive faulty or damaged within 30 days of the postage date. Upon the presentation of sufficient evidence, the photographer will seek to replace, exchange or refund items as appropriate.
b. Katie Royle Photography is not responsible for any damages caused by subcontractors or third parties (i.e. Make Up Artists, Grooms etc)
c. Any directions issued by the photographer in regards to location and poses are undertaken at the client’s own risk. It is at the clients’ discretion to make an appropriate assessment as to the comfort and safety of both themselves and their horses at all times.
d. It is at the clients’ own discretion as to whether or not suitable clothing and safety equipment is worn during the photoshoot and the photographer will not be held liable for personal injury caused where it has not been used.
e. The client understands they are responsible for the cost of any damage or injury caused by their horse(s) to itself, the Photographer, third parties or property at any time during the photoshoot. The client must be seen to be in reasonable control of their horse(s) at all times. If the photographer deems a situation to be dangerous or unsafe to any persons involved, the photoshoot will be immediately suspended.
f. The Photographer will be conscientious to the temperament of the horse(s) and adjust shooting styles appropriately. However, the Photographer cannot be held responsible for incidents caused where the horse(s) is reacting in a naturally unpredictable manner.
g. The Photographer will not be held liable for any personal injury up to and including death obtained by the client, any third parties or the subject.
h. It is the responsibility of the client to obtain such consents, permissions, releases and clearances that may be required for the photoshoot to be undertaken lawfully including permission from the land/property owner(s).
i. Whilst the Photographer takes every precaution as to the safe use and set up of all photographic and lighting equipment, the Client understands the potential risks of its use around horses, including but not limited to; fire, tripping and electrical hazards. The Photographer will not be held liable for any incident caused due to equipment failure, the actions of the horse(s), the Client or any third party.
j. The Client understands the additional risks of using any such electrical equipment outdoors, the Photographer will not be held liable for incidents due to natural causes and acts of God.
k. The Photographer takes the utmost care with respect to exposure, transportation and processing of photographs. However, in the unlikely event of the Client’s photographs being lost, stolen or destroyed for reasons within or beyond the Photographer’s control, liability is limited to the return of all payments received for photographic services, together with the reasonable costs of re-organising a second photoshoot at a later date.
5. Copywrite & Image Use
a. The entire copyright of the photographs is retained by the photographer at all times throughout the world. The Client must seek permission for third party use beyond reproduction for friends, guests and family.
b. The client is not entitled to save, download or otherwise share digital proofs. Only those images selected, fully retouched and delivered are granted use by the client.
c. Commercial use and sale of images by any means is strictly prohibited unless agreed in writing.
d. The Client hereby allows the photographer to display any images covered by this contract and to generally promote the business by means of advertising, PR, websites, exhibitions, competitions, magazine articles, and other such media, providing that the images are used lawfully and without damage to the client. The photographer may release copyright or reproduction rights of the photographs and/or products for an agreed amount, which may not be passed to any third party whatsoever.
6. Privacy Policy
Client personal data is collected under legitimate interest and used solely to deliver photographic services. It will not be passed to any third party and client’s will not be contacted with any marketing materials from Katie Royle Photography unless they have opted to do so.
The personal data provided on liability waivers is gathered as a traceable legal document in the event of an incident and are kept on company records for as long as it is deemed necessary to hold them.
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.
The Photographer reserves the right to amend these Terms and Conditions without prior notice.
Katie Royle Photography 10.08.2023