Terms

Terms and Conditions

This agreement along with the booking form, contains the entire understanding between the customer and Michelle Lindsell Photography hereafter referred to as ‘The Customer’ and ‘The Photographer’ respectively.

The link to these Terms and Conditions is supplied to The Customer at the point of sale, before payment is received. Payment of the booking fee as specified in the booking form, is deemed as confirmation that The Customer agrees to these Terms and Conditions.

1. Use and Copyright
The Photographer grants The Customer permission to make copies of the images under the condition that the images taken by The Photographer are for personal use by The Customer. Selling, publication or any commercial use of the images are not allowed without prior written permission from The Photographer. The Photographer reserves the right to use or display any images created as part of this agreement as part of their portfolio, website, weblog, at exhibitions or for marketing purposes.

2. Model Release
The Customer grants The Photographer the irrevocable and unlimited consent to use the images taken for editorial, competition, advertising and any other purpose and in any manner, to alter the video footage without restriction and to copyright the footage. The Customer hereby releases The Photographer from all liability and claims in connection with the images.

3. Consultation
If The Photographer has agreed as part of the package to provide a consultation then this is to be conducted via phone of videocall unless explicitly agreed otherwise. The consultation meeting it to be held at mutually agreeable time, date and location between The Photographer and The Customer and the meeting shall be up to one hour in duration during normal business hours (9am – 5pm). The Photographer is not usually able to agree on a consultation taking place on a weekend or evening. A meeting in person or at a location more than 5 miles away from The Photographer’s home address will incur compensation for travel expenses and time.

4. Delivery of Images
The Photographer will supply The Customer with the usable images in the format agreed by The Customer as soon as is reasonably practicable after the event. Due to the variable nature of the workload The Photographer cannot guarantee precise timings, although we make every effort to deliver images as soon as possible to our clients.

5. Limit of Liability
In the unlikely event The Photographer is unable to attend an event, wedding or supply the services specified due to illness or factors in or beyond their control then The Photographer will provide a member of Michelle Lindsell Photography team or a trusted associate Photographer to attend the event and complete the agreed works on the specified event date. The photography post-production and editing will remain as per the original booking unless explicitly stated, and The Customer can expect their photography to remain in The Photographer’s signature style and as per their original booking. If The Customer does not wish to go ahead with the replacement then the balance will remain payable according to standard terms as laid out in point 6. ‘Fees and Cancellation’. In the event the Photographer is unable to offer a replacement and therefore provide the services for which they were booked then liability is limited only to a full refund.

If the event requires to be cancelled or postponed due to unforeseen circumstances in or beyond The Customer’s control such as an ‘Act Of God’ or national or personal emergency, The Photographer is not liable and the balance will remain payable according to the standard terms as laid out in point 6. ‘Fees and Cancellation’. The Photographer may, although not contractually bound to do so, offer a reduction or waiver of the final balance which is due 1 month prior to the event date on a best efforts basis and according to their discretion and the specific circumstances.

If The Customer wishes to have additional cover for cancellations or postponements in or beyond The Photographer’s or Customer’s control, including Acts of God or national/personal emergencies of any kind, we would recommend that they consider taking out a suitable policy of insurance from a third party.

The Photographer has working methods in place to prevent the loss or damage to The Client’s images. However, in the unlikely event that images are lost, stolen or destroyed for reasons in or beyond our control then liability is limited to the return of fees paid for the service or part thereof according to the percentage of images supplied.

To reduce the risk of a late arrival by The Photographer to an event due to factors outside of their control such as adverse weather conditions or heavy traffic, then a quote can be provided upon request for The Photographer to arrive the night before the event and stay in a hotel near to the venue. This service is not listed on the website of The Photographer and is not commonly requested.

6. Fees and Cancellation
The contract between The Customer and The Photographer, described here in these Terms and Conditions combined with the Booking Form becomes binding by means of payment of the Booking Fee.

The balance of the package fee must be paid no less than 30 days prior to the date of the event. If the package fee is not paid by that date, The Photographer reserves the right not to provide any services until payment is made or treat the contract as being cancelled by you. The Photographer also reserves the right to pursue payment of the full booking value if the contract is cancelled with less than 120 days to the event date.

In the event of The Customer cancelling the services for whatever reason and at any time the booking fee (Deposit Invoice) is non refundable.

7. Entire Agreement
We may amend these Terms and Conditions at our discretion or according to government policy changes/legal requirements with or without notice to The Customer. It is The Customer’s responsibility to review and keep up to date with the Terms and Conditions of the contract. Any modification to Terms will be effective immediately upon public posting. By continuing with the booking after those revisions become effective, The Customer agrees to be bound by the revised terms.

 

Videography Terms and Conditions

This agreement along with the booking form, contains the entire understanding between the customer and Alium Studios/Michelle Lindsell Photography hereafter referred to as ‘The Customer’ and ‘The Videographer’ respectively.

Payment of the booking fee as specified in the booking form, is deemed as confirmation that The Customer agrees to these Terms and Conditions.

1. Use and Copyright
The Videographer grants The Customer permission to make copies of the footage under the condition that the footage taken by The Videographer are for personal use by The Customer. Selling, publication or any commercial use of the footage is not allowed without prior written permission from The Videographer. The Videographer reserves the right to use or display any footage created as part of this agreement as part of their portfolio, website, weblog, at exhibitions or for marketing purposes.

2. Model Release
The Customer grants The Videographer the irrevocable and unlimited consent to use the video footage taken for editorial, competition, advertising and any other purpose and in any manner, to alter the video footage without restriction and to copyright the footage. The Customer hereby releases The Videographer from all liability and claims in connection with the video footage.

3. Consultation
If The Videographer has agreed as part of the package to provide a consultation then this is to be conducted via phone of videocall unless explicitly agreed otherwise. The consultation meeting it to be held at mutually agreeable time, date and location between The Videographer and The Customer and the meeting shall be up to one hour in duration during normal business hours (9am – 5pm). The Videographer is not usually able to agree on a consultation taking place on a weekend or evening. A meeting in person or at a location more than 5 miles away from The Videographer’s home address will incur compensation for travel expenses and time.

4. Delivery of Video Footage
The Videographer will supply The Customer with video footage in the format agreed by The Customer as soon as is reasonably practicable after the event. Due to the variable nature of the workload The Videographer cannot guarantee precise timings, although we make every effort to deliver video footage as soon as possible to our clients.

5. Limit of Liability
In the unlikely event The Videographer is unable to attend an event, wedding or supply the services specified due to illness or factors in or beyond their control then The Videographer will provide a member of Alium Studios/Michelle Lindsell Photography team team or a trusted associate Videographer to attend the event and complete the agreed works on the specified event date. The videography post-production and editing will remain as per the original booking unless explicitly stated, and The Customer can expect their videography to remain in The Videographer’s signature style and as per their original booking. If The Customer does not wish to go ahead with the replacement then liability is limited only to a refund or waiver of the final balance which is due 1 month prior to the event date. In the event The Videographer is unable to offer a replacement and therefore provide the services for which they were booked then liability is limited only to a full refund. If The Customer wishes to have additional cover we would recommend that they consider taking out a suitable policy of insurance from a third party.

The Videographer has working methods in place to prevent the loss or damage to The Client’s video footage. However, in the unlikely event that footage is lost, stolen or destroyed for reasons in or beyond our control then liability is limited to the return of fees paid for the service or part thereof according to the percentage of images supplied.

To reduce the risk of a late arrival by The Videographer to an event due to factors outside of their control such as adverse weather conditions or heavy traffic, then a quote can be provided upon request for The Videographer to arrive the night before the event and stay in a hotel near to the venue. This service is not listed on the website of The Videographer and is not commonly requested.

6. Fees and cancellation

The contract between The Customer and The Videographer, described here in these Terms and Conditions combined with the Booking Form becomes binding by means of payment of the Booking Fee.

The balance of the package fee must be paid no less than 30 days prior to the date of the event. If the package fee is not paid by that date, The Videographer reserves the right not to provide any services until payment is made or treat the contract as being cancelled by you. The Videographer also reserves the right to pursue payment of the full booking value if the contract is cancelled with less than 120 days to the event date.

In the event of The Customer cancelling the services for whatever reason and at any time the booking fee (Deposit Invoice) is non refundable.

7. Entire Agreement
We may amend these Terms and Conditions at our discretion or according to government policy changes/legal requirements with or without notice to The Customer. It is The Customer’s responsibility to review and keep up to date with the Terms and Conditions of the contract. Any modification to Terms will be effective immediately upon public posting.  By continuing with the booking after those revisions become effective, The Customer agrees to be bound by the revised terms.

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