Terms and Conditions

Below is an example of the contract which you will enter into with Karen Thorburn Photography upon booking.

Introduction

1. This contract is entered into between Karen Thorburn Photography and the Client.

Karen Thorburn Photography’s contact details are as follows:

Karen Thorburn Photography
Glendhu Cottage
Balblair
Dingwall
Ross-shire
IV7 8LL

Email: karen@karenthorburn.com

Mobile: +44 (0)7761985752
Landline: +44 (0)1349870895

2. This contract is accompanied by a completed “Portraits Booking Form”, which shall be
read in conjunction with and shall form an integral part of this Contract.

Fees

3. The total fee payable shall be dependent on the photography package selected by the
Client in completing the Booking Form. The Client may change his/her selection to a
higher price package at any time prior to the photography session date, in which case the
amount of the total fee shall increase accordingly. Any agreed amendments to the chosen
photography package must be noted in the Booking Form.

4. The Client shall pay the total fee in full at the time of booking.

5. If the Client does not make payment as it falls due in accordance with the terms of
Clauses 3 and 4 above, Karen Thorburn Photography reserves the right to cancel the
booking and terminate this Contract.

6. Editing and basic re-touching of images is carried out at the discretion of Karen
Thorburn Photography to enhance the appearance of the images, including (but not
limited to) the lighting, exposure, colour temperature and crop, in addition to Karen
Thorburn Photography’s ‘signature’ touches. Additional fees will apply if the Clients
request extensive re-touching including (but not limited to) skin smoothing and image
manipulation.

7. In the event that any additional costs are incurred by the Client after the payment is
made in accordance with Clause 4 above, as a result of the Client’s extended photographic coverage on the date of their photography session or requesting an album option or another product, or extensive re-touching, such additional costs shall be paid within seven (7) days after any additional invoice for those costs is issued by Karen Thorburn Photography or within seven (7) days after the photography session date, whichever is the sooner. In the event that any additional costs are incurred by the Client after the photography session date, such additional costs must be paid within seven (7) days of the additional invoice that Karen Thorburn Photography will issue in respect of such costs. Karen Thorburn Photography reserves the right to withhold finalising and providing a completed album or any other product to the Client until all additional costs, however incurred, have been paid in full by the Client.

8. Payments can be made by bank transfer, cash and cheque.

Postponement

9. If the Client postpones the photography session for any reason, the Client and Karen
Thorburn Photography shall discuss whether Karen Thorburn Photography will be
available for the revised date:

a. If Karen Thorburn Photography is available for the revised date, the Client shall pay to
Karen Thorburn Photography the total fee payable in respect of the revised date (payable immediately) and Karen Thorburn Photography shall reserve the revised date. All monies paid by the Client shall be applied to the revised date. Karen Thorburn Photography’s standard fee rates are regularly revised and, if the revised date falls after such a fee revision, the total fee payable by the Client to Karen Thorburn Photography shall be recalculated using the revised fee rates applicable to the revised date.

b. If Karen Thorburn Photography is not available for the revised date, the postponement will be a cancellation by the Client, in accordance with Clauses 10 to 11.

Cancellation by Clients

10. Should the Client need to cancel a booking, then it is his/her sole responsibility to do
so in writing or by email. The Client must ensure that this instruction has been received
by Karen Thorburn Photography. Karen Thorburn Photography will personally contact the Client to discuss the cancellation and send confirmation of the details received.

11. The cancellation policy is as follows:

a. If a cancellation is made more than three (3) calendar months before the photography
session date, Karen Thorburn Photography will provide a seventy-five per cent (75%)
refund.

b. If a cancellation is made between three (3) and two (2) calendar months before the
photography session date, Karen Thorburn Photography will provide a fifty per cent
(50%) refund.

c. If a cancellation is made within two (2) months of the photography session date, no
refund will be provided by Karen Thorburn Photography.

12. Where a partial refund is to be provided by Karen Thorburn Photography, the amount due shall be returned to the Client, minus any fees incurred by using an online processor such as PayPal or bank transfer.

Description of Services

13. Karen Thorburn Photography will provide photographic coverage as outlined in the
Booking Form. The photography package selected is as described at the date this Contract is signed.

Limitation of Liability

14. If Karen Thorburn Photography is unable to attend the photography session due to
any circumstances beyond Karen Thorburn Photography’s reasonable control, including
(without limitation) natural disasters, civil unrest, force majeure, injury or sickness, all
reasonable efforts will be made by Karen Thorburn Photography to agree a revised date
with the Client or find a replacement photographer of standing to Karen Thorburn
Photography’s satisfaction, although this cannot be guaranteed. If a revised date cannot be agreed with the Client or another photographer cannot be found, all monies paid by the Client will be refunded in full. Karen Thorburn Photography shall have no further liability to the Client for any additional losses, costs or expenses incurred as a result of any inability to attend under this Clause.

15. In the unlikely event of a total photographic failure or if Karen Thorburn Photography is unable to attend the photography session due to any circumstances beyond Karen Thorburn Photography’s reasonable control, Karen Thorburn Photography’s liability shall be limited to a full refund of monies paid.

16. Karen Thorburn Photography will endeavour to take and provide photographs that are specifically requested by the Client prior to the photography session. However, due to changes in the weather, available lighting conditions, availability and willingness of
subjects, Karen Thorburn Photography does not undertake to guarantee that specific
photographs will be taken, nor that any specific background, location or group
arrangement will be incorporated. Also, as the willingness and availability of subjects is
outside the control of Karen Thorburn Photography, no guarantee is given that everyone
present at the photography session will be included in photographs taken by Karen
Thorburn Photography.

17. Any complaints should be made within four (4) weeks of the images being supplied in
writing to Karen Thorburn Photography, Glendhu Cottage, Balblair, Dingwall, Ross-shire,
IV7 8LL or by email to karen@karenthorburn.com. Karen Thorburn Photography will
endeavour to respond within seven (7) days.

Privacy

18. Karen Thorburn Photography will store the Client’s details on a private internal
database. These details will not be made available to companies or individuals outwith
Karen Thorburn Photography. The only exceptions is where the Clients have ordered an album(s) to be delivered by courier. Karen Thorburn Photography will provide the Clients’ postal address, email address and telephone number to a trusted courier so that the album(s) can be delivered to the Clients at a convenient time.

Photographic Rights

19. Karen Thorburn Photography shall have creative licence in relation to locations, poses used, judgement on photographic style, the number of photographs taken and the colour and style of images and their presentation including any cropping for album design and the album design itself. Specific album covers requested by the Client in the Booking Form may vary or be discontinued. In such case, this Contract shall continue and the Client shall select another album cover option (with an adjustment being made to the total fee where appropriate).

20. Within six weeks of the photography session, Karen Thorburn Photography will
provide the Client with a collection of the photographs taken at the photography session
for his/her consideration.

a. The Client may choose to purchase the photographs in electronic format stored on a
USB drive. If the Client loses the USB drive or it becomes damaged, Karen Thorburn
Photography may be able to provide a replacement copy at a reasonable charge. However, Karen Thorburn Photography cannot guarantee that any copies of any photographs will continue to be available after the initial USB drive is provided to the Client and strongly recommends that all Clients make their own back-up copies of any digital photographs received.

b. If the package chosen by the Client includes one or more hard-copy photograph albums, the Client must, in discussion with Karen Thorburn Photography, select the photographs that he/she wishes to use in his/her selected album(s) within six (6) calendar months after the date on which the photographs are provided by Karen Thorburn Photography.

c. The costs of materials needed to complete the photograph albums may increase over
time. Accordingly, if the Client does not select the photographs that he/she wishes to
include in his/her selected album within six (6) calendar months after the photographs
are provided by Karen Thorburn Photography, Karen Thorburn Photography reserves the right to charge the Client additional sums to reflect this increase in material costs, which sums shall be invoiced to the Client by Karen Thorburn Photography. Any such invoice issued in accordance with this Clause is payable within seven (7) days and must be paid in full by the Client before Karen Thorburn Photography will provide the finalised and complete album to the Client.

d. Copyright (whether under the Copyright, Designs and Patents Act 1988 or otherwise) in the photographs taken by the Karen Thorburn Photography photographer on the event date shall belong to Karen Thorburn Photography, subject to the following provisions:

e. Karen Thorburn Photography shall have permission to use any and all photographs for any purpose including (without limitation) display, exhibition, competition, internet,
television and/or printed media publications for the promotion of Karen Thorburn
Photography.

f. The Client shall be entitled to make copies of any photographs provided by Karen
Thorburn Photography for their own personal use or for distribution to friends and family members. However, the Client agrees that they shall not use (and shall not permit any other to use) any Karen Thorburn Photography photograph for any commercial purpose or in any publication (including, without limitation, publication on any public website) without the prior written consent of Karen Thorburn Photography.

Exclusivity

21. The Client agrees that Karen Thorburn (or such other photographer provided by
Karen Thorburn Photography in accordance with Clause 14 above) shall be the sole
professional photographer permitted to take photographs at the photography session.
Karen Thorburn Photography reserves the right to stop photographic coverage if another professional photographer is permitted by the Client to take photographs at the
photography session, which shall be treated as a cancellation by the Client of this Contract on the photography session date in accordance with Clauses 10 to 12.

Digital Agreement

22. By completing the Portraits Booking Form online, the Client hereby agrees to enter
into a contract with Karen Thorburn Photography as detailed above. Such a Contract is
subject to normal terms and conditions as a written contract would be.

Karen Thorburn
Tel: +44 (0) 7761985752
Email: karen@karenthorburn.com

© Karen Thorburn

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