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 Ellie Osborne Photography (also called “the Photographer” or “the Photographers”) in writing.
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 Ellie Osborne 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.
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.
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.
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.
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 Ellie Osborne Photography.
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.
Law – These Terms and Conditions shall be governed and construed in accordance with the Laws of England.
Liability – The Photographers shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or for any loss to our customers arising from delay in transit. Where work is defective for any reason, including negligence, our liability (if any) shall be limited to rectifying such defect.
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.
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.
All photographs supplied by contracted companies on behalf of Ellie Osborne 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. Ellie Osborne 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 Ellie Osborne 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.
Payment – In advance unless otherwise agreed by the Photographers.
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.
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.
Travel time to your shoot is charged at £15 per hour, if the travel time exceeds 1 hour.
Vouchers – Only one voucher or offer can be used per session or against products arising from that session.
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.
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.
Cancellation Policy – Up to one month before photo shoot – Upon receiving a cancellation notice in writing Ellie Osborne 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 50% of all monies paid will be retained by Ellie Osborne Photography.
Less than one week before photo shoot – If cancelling your contract less than one week prior to the date of the photo shoot 75% of all monies paid will be retained by Ellie Osborne Photography.
Less than 48 hours before photo shoot – If cancelling your contract less than 48 hours prior to the date of the photo shoot all monies paid will be retained by Ellie Osborne 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.
Retouching – The final output and finish of any image that is re-touched will be at the photographers discretion.
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.
The Photographer reserves the right to amend these Terms and Conditions without prior notice.