Special Pixels Photography Terms & Conditions

1. Booking Details

It is agreed that the terms set out on the booking form is 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. Special Requests/Coverage

The client understands and accepts that the photographic coverage will be as the photographer’s professional expertise determines and that no one photograph will be deemed more important than another. Special requests are not binding instruction, although every effort is made to comply with the client’s wishes. Any special requests not notified on the booking form must be made by the client to the Special Pixels Photography in writing.

3. Albums

Album prices are a general guide only and subject to manufacturing and material cost variations which Special Pixels Photography have no control over. Where an album is included in the agreed package price, the photographer’s reserves the right to change this album subject to market availability, to another album of equal value.

4. Images

Special Pixels Photography 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 photographically the exact colour as seen by the human eye.

5. Retouching

Special Pixels Photography will (as a minimum) perform a standard amount of retouching to take the photographs to a quality which they consider to be appropriate.

6. Copyright and Digital Files

Supplied digital files remain the copyright property of the photographer. Special Pixels Photography allows the client to store/share/copy/print all images for personal/friends/family use only, subject to no commercial or financial gain.

7. License

Special Pixels Photography shall be granted complete artistic License including 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 final. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested.

8. 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.

9. Number of Images

Although Special Pixels Photography will do their best to produce more images than discussed with the client, there is no guarantee that any particular number of images will be produced. All images captured are primarily for creating an album. All images presented to the client are FINAL SELECTION, any other images will not have passed our quality control and therefore will not be processed or released to the client – EMPHASIS SHOULD BE LAID ON THIS POINT.

10. Images

Images will be supplied via digital means as download files. It should be noted that you are strongly advised to immediately copy/backup your photographs from this download to a suitable computer/storage device. Digital media has a limited lifespan therefore any storage device cannot be guaranteed indefinitely. Also, please note that Special Pixels Photography are under no obligation to keep copies of your images once released.

11. Display

The client hereby allows the Special Pixels Photography to display any images included in this contract in their studios, portfolios, literature, wedding exhibitions and direct/indirect advertising. No use of the images will be made by Special Pixels Photography for other commercial reason except with the written permission of the client.

12. Cancellation

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.

13. Limitation of Liability

In the unlikely event that Special Pixels Photography is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of Special Pixels Photography, then we will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the contracted event.

In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond Special Pixels Photography’s control, including but not limited to camera, hard drive, or equipment malfunction, Special Pixels Photography’s liability is limited to the return of all payments received for the contracted event. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. Special Pixels Photography is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year. Neither party shall be liable for indirect or consequential loss.

14. Complaints

Any complaints should be raised by the client with Special Pixels Photography, in writing, within 28 days of first becoming aware of the matter to be complained of and in any event within 28 days of receipt of the images.

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