TERMS & CONDITIONS (covering all types of Photography)
Ideally an initial meeting is to be held between both parties to discuss the shoot, but it might be possible to complete this via e-mail instead. This will usually include, but not necessarily be limited to, discussions of your requirements or goals for the shoot and David’s needs as the Photographer to meet these goals.
A 10% deposit is required in order to confirm your booking with David Butcher Photography Ltd. Although this deposit is not obligatory, it is required to secure the services of David on the requested date and times. Failure to pay this booking fee could well mean that someone else will book David on that date or time and take your place. This deposit can be paid either via cash in person, cheque or via on-line banking (David’s bank details are included in the footer of every quotation or invoice sent out to facilitate online transfer payments). Receipts will be issued for all payments made.
The remaining balance must be paid in full by cash, cheque or on-line, during or before hand-over of any images. PLEASE NOTE!!! NO IMAGES WILL BE HANDED OVER UNTIL FULL AND FINAL PAYMENTS HAVE BEEN MADE. THERE WILL BE NO EXCEPTIONS MADE TO THIS RULE. THE IMAGES HAVE AN ACCEPTED VALUE AS AGREED IN THE ORIGINAL QUOTATION.
Any overseas clients wishing to book with David MUST pay the 10% deposit at least 48 hours before the shoot commences. If these terms are not adhered to, the shoot will be considered null and void, and will be automatically cancelled.
All deposits / booking fees are non-refundable, except in the case of medical emergencies or cancelled flights, for which proof must be produced. In that case, the deposit is transferable to another date within 3 months of the original planned photo shoot date.
David must be informed in writing at least 7 days before the photo shoot of any postponements or changes made to any previously agreed dates or times, in order not to forfeit any deposits paid. Whenever possible, David will accommodate these changes for you, but if David already has a confirmed booking in place at the revised date or time, he will obviously not be able to cover your booking as well, so any deposit paid will be forfeited. Full cancellation at any time before the booked photo shoot will mean a forfeit of the deposit paid in full.
In the event of David arriving at the agreed photo shoot location, and the shoot is cancelled or postponed due to a no-show or a late arrival of the client placing the photo shoot at risk, all deposits will be forfeited and the client will need to reschedule a new booking with a new deposit. If for any reason the advance booking fee / deposit has not been paid and the above occurs, David Butcher Photography Ltd. will invoice the client from the time that he was present on location until the time that he left the location. This invoice will need to be paid within 7 days of receipt.
Photo shoot times will be scheduled (as far as possible) prior to the shoot. The time starts when David arrives on location and includes any required set-up time (including hair and make-up time if applicable) and of course the shooting coverage time. The shoot will end when the scheduled coverage time runs out. Additional time may be added onto the photo shoot, at the same hourly fee included in the quotation, but only subject to David’s availability. Please check with David prior to starting the shoot whether he has other jobs to go to and what his general availability is beyond your booked photo shoot time. David will make every possible effort to accommodate any unforeseen overruns.
Once the price for your shoot has been agreed upon, this is the final fee, and no bartering or changes afterwards for whatever reasons will be entertained. Full and final payment is required before David will release any of the images, failure to comply with this will result in the images being withheld until full payment has been made.
All still images taken during the photo shoot will be uploaded into a dedicated gallery on my web site (www.pendragon.photography/your_name_here) within 48 hours of completion of the photography session (internet connection permitting), where a low resolution version with my watermark logo may be viewed. As soon as payment in full has been received, the option to download the images (in highest resolution, ca. 6000 x 4000 pixels jpg format without my watermark logo) with your chosen password will be activated. Additionally, these images will also be supplied to you on DVD(s) as soon as possible afterwards.
The only exception to this is for photo shoots where the number of retouched images supplied is limited – for example, product shoots or portrait sessions, where multiple similar images may have been shot, and it is not feasible to retouch and supply every single image. In this case, your quotation will clearly define the number of retouched images that are included in the price, and you can choose the images to be retouched from those taken during the shoot from your dedicated web site gallery. Additional images can be selected for retouching if desired, at a flat rate of GBP. 15 per image, and these will be supplied after this payment has been received.
Reduced size images (ca. 2000 x 1200 pixels, optimised for social media sites such as Facebook) can also be supplied on DVD at no additional cost, providing that this is clearly requested before the photo shoot finishes.
Copyright of all photographs taken will remain with David Butcher, however the client will be granted a royalty-free licence to reproduce any or all of these photographs for their own private or commercial use (as soon as full payment has been made and the images have been handed over). David Butcher retains the unrestricted rights to use any or all of the photographs for his own advertising purposes (i.e. web site / Facebook portfolio), but David will not resell them to any third party without your prior written consent.
If you wish for absolute discretion (meaning that David Butcher will not use any of the images taken for his own advertising purposes nor will David mention the photo shoot with you to anyone), a Non-Disclosure Agreement is available for a 10% surcharge on the cost of the photo shoot. Also, if you wish to purchase the complete and outright copyright of the images taken on your shoot, there are extra fees to pay for this, dependant upon usage and time frame. Please contact David Butcher for a quotation if required. You are NOT permitted to sell any of the images taken in your photo shoot to third parties without David Butcher’s express written permission.
TERMS & CONDITIONS (specific to Portrait Photography)
4. Model Release Form and Chaperones
Any person being photographed by David Butcher MUST sign a Model Release Form (included below). This is an industry standard form granting David permission to take photos of you. This may also include your children, in the case of family portraits. This Model Release Form also grants David Butcher permission to use the images for his own personal use, such as but not necessarily limited to, his Facebook page and web site(s) to promote his business. It may also include printed material such as flyers or posters to be used for his business. Special permission is required for you to sell these images on to third parties, and this permission is included in the Model Release Form. Any minors doing a photo shoot with David Butcher will need to have their Model Release Forms signed and dated by their parent or legal guardian.
Clients are permitted to bring along a chaperone with them on any shoot booked with David Butcher. However, it is important that this person acts as a chaperone only. Although some limited behind-the-scenes photos with a mobile phone only will be permitted, under no circumstances can the chaperone bring an SLR camera with them and take photos of the shoot, unless specifically asked to do so by David Butcher. Failure to adhere to this rule will result in the immediate termination of the photo shoot, and all photos taken and fees paid up until that time will be forfeited. If David Butcher is required to shoot alone with a female model or client, David reserves the right to bring his own chaperone (male or female) along with him. Any denial for David to do so will result in the immediate termination of the photo shoot with no refunds of any deposits paid.
Please note that the photo shoot fees do not necessarily include just the photographic services of David Butcher. For example, if you also book a make-up artist and / or hair stylist through David Butcher Photography Ltd. for a portrait session, you will be invoiced for the total cost of all people involved in your shoot, and in this case, the 10% advance deposit / booking fee of the total cost is obligatory and will be reflected in your deposit payment.
THIS MODEL AGREEMENT AND RELEASE FORM (“Agreement”) is dated ___________ and is between the undersigned
photographer (“David Butcher”) and the undersigned model/performer (“I”). Agreement as follows:
For good and valuable consideration of ___________________________________ I hereby grant the undersigned Photographer permission to photograph me. I further give my irrevocable consent to Photographer and his/her direct or indirect licensees and assignees to publish, republish or otherwise transmit the images of myself in any medium for all purposes throughout the world. I understand that the images may be altered or modified in any manner(as per the release agreement). I hereby waive any right that I may have to inspect and approve a finished product or the copy that may be used in connection with an image that the Photographer has taken of me, or the use to which it may be applied. I further release the Photographer and his/her direct or indirect licensees and assignees, from any claims for remuneration Associated with any form of damage, foreseen or unforseen, associated with the use of the images. I am of legal age and have the full legal capacity to execute this authorization without the consent or knowledge of any other person.
Signed ___________________________________ (Model) and ___________________________________ (Photographer)
and ___________________________________ (Guardian, if model is under 18 years old)
5. Personal and Property Disclaimer
David Butcher (and his assistant(s) if required for the shoot) will not be held responsible for any loss or damage of your property before, during and after the booked photo shoot. Please make sure to keep all possessions close to you at all times.
David Butcher (and his assistant(s) if required for the shoot) will not be held responsible for any accidental damage, injury or death of a client during the time leading up to, during and after the planned photo shoot. David will always take into consideration health and safety practises, as well as act with caution and care whilst working on a photo shoot. This includes anyone accompanying him as a passenger in his car leading up to the photo shoot and returning after said photo shoot.
Many thanks for taking the time to read through all of this. Please note that before doing a shoot with David Butcher, you will be required to sign this Terms & Conditions document to protect both yourself and David from any misunderstandings or issues that may arise before, during or after your photo shoot. This document is also liable to be changed or updated without prior notice, but the copy printed out and signed is the valid version