PHOTOGRAPHY TERMS AND CONDITIONS
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.
The Photographer is Ben Lister Photography, 1 Hollyhock Road, Saffron Walden, Essex, CB10 2AG
The Client is the person or company to whom the services will be provided by the Photographer
Works is the scope of works agreed between the Client and the Photographer that is to be undertaken by the Photographer.
Quote The Photographer will supply to the Client a Quote for the completion of Works requested by the Client. Written acceptance of the Quote by the Client will constitute a Contract between the two parties and the Photographer will subsequently issue a booking fee.
Date The Photographer will agree with the Client a date, or series of dates upon which the Works will be undertaken. For clarity, the end date of the Works will be when the Client has received any hard digital copies from the Photographer as per the scope of the Works.
Following payment of the booking fee, the remaining balance of fee due is to be paid 30 days after the date.
Ben Lister Photography may display any photographs included in the contract on any Ben Lister web site, portfolio, literature, display areas, exhibitions, competitions, advertising or slide shows.
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 the exact colour as seen by the human eye.
All reorders shall be treated as an extension of the contract and no responsibility for error will be accepted unless orders are given in writing.
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 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 The Photographer in writing.
The Photographer shall be granted artistic license in relation to the poses photographed and the locations used. The Photographer's judgment regarding the locations, composition, 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 the images requested.
Force majeure or 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.
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 may cancel this contract at any time by giving written notice to The Photographer but in doing so shall forfeit any monies paid. Cancellation less than 12 weeks before will result in the payment in full.
WEBSITE TERMS AND CONDITIONS
The term “Ben Lister Photography” or “us” or “we” refers to the owner of the website whose registered office is 1 Hollyhock Road, Saffron Walden, Essex CB10 2AG. The term “you” refers to the user or viewer of our website.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.
The information contained in this website is for general information purposes only. The information is provided by Ben Lister Photography and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of Ben Lister Photography. We have no control over the nature, content and availability of those sites. The inclusion of any link does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However Ben Lister Photography takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
This website and its content is copyright of Ben Lister Photography - © Ben Lister Photography. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.