Terms & Conditions (Private Portrait Commissions)

1) Definitions
For the purpose of this agreement ‘the Client’ shall where the context so admits include their respective assignees, sub-licensees and successors in title. ‘Photographs’ means all photographic material furnished by the Artist, whether prints or any other type of physical or electronic material. ‘The Artist’ is Gregory Day.

2) Copyright
All original digital materials remain the property of the Artist. Copyright Designs and Patents Acts assign the copyright of the photographs/images to the Artist. Any photographs/images or copies of photographs/images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such photographs/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 a photograph/image created as part of this contract without the permission of the Artist. Grant of any reproduction rights to the Client is conditional upon receipt of payment in full.

3) Additional Usage
All rights not expressly granted shall be reserved by the Artist. If the Client wishes to make any additional uses of the images not covered in the initial agreement, the Client shall obtain permission from the Artist and pay an additional fee to be agreed upon.

4) Authorship Credit
The Artist asserts both his moral right to be identified as the author of his work and the right to a credit is asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. A credit in the name of the Artist (Gregory Day) shall accompany the Artist’s work whenever practical.

5) Client Confidentiality
The Artist will keep confidential and will not disclose to any third parties or make use of material or information communicated to him in confidence by the Client for the purposes of the commission, save as may be reasonably necessary to enable the Artist to carry out his obligations in relation to the commission.

6) Photographic Sitting Fee
A photographic sitting fee and if applicable any additionally incurred travel costs are required to be settled in advance of the sitting to secure the confirmation of the booking. Only once this has been paid in full by the Client does the Artist guarantee a sitting. Payment of any non-refundable deposit (if applicable) does not constitute payment of the sitting fee and does not guarantee a photographic sitting without subsequent payment of the remaining balance of the sitting fee by the Client to the Artist. The initial photographic sitting booking will only be confirmed by full payment of the sitting fee and any additionally incurred travel costs. In all cases payment must be made in full by the Client to the Artist no less than 7 days before the sitting is due to take place. The Artist reserves the right to cancel/postpone any photographic sitting should the Client fail to pay the full photographic sitting fee and any additionally incurred travel costs at least 7 days prior to the agreed date/time of the booking.

7) Additional Travel Charges
The basic price of the commission affords the Client a photographic sitting at a suitable property chosen by the Client up to a distance of 20 miles (a 40 mile round trip) from the Artist’s base in Wilnecote, Staffs. Sittings that require the Artist to travel a round trip journey of further than 40 miles to execute shall incur an additional travel charge at a rate of 50p per mile on the round trip on any additional distance mileage over 40 miles only. Such charges shall be added to the photographic sitting fee and invoiced accordingly and are required to be settled at the same time as the photographic sitting fee, no less than 7 days before the sitting is due to take place.

8) Booking Cancellation
The photographic sitting fee is non-refundable to the Client. Cancellation of the photographic sitting by the Client shall forfeit the photographic sitting fee and the same shall remain the property of the Artist. However if the Artist cancels the photographic sitting a full refund will be given.

9) Booking Postponement
The Client may postpone their photographic sitting at any time for any reason up to 72 hours before the booked date/time. After this time a booked photographic sitting may only be postponed by the Client for reasons that can be reasonably deemed as beyond the Client’s control (eg. Illness etc.). The Artist may or may not accept the reason as valid and may or may not agree to postpone the photographic sitting. The Artist reserves the right to postpone/suspend and reschedule the Client’s booked photographic sitting at any time.

10) Photographic Sitting – Required Working Space
By paying the photographic sitting fee the client confirms that they will provide the minimum necessary physical facilities required for the Artist to carry out the initial photography sitting. Such facilities shall consist of a dry indoor area with a flat, unobstructed and clear floor space measuring at least 3m x 3m with access to a mains electricity supply wall socket. The Artist reserves the right to immediately cancel the sitting upon arrival at the booked location should they deem that these physical facilities have not be provided to them by the Client, or should they be unable to carry out the sitting due to the physical characteristics of the working space provided to them by the Client. In such cases the Client shall not be eligible to be refunded any fees paid by them to the Artist in relation to the cancelled sitting and the same shall remain the property of the Artist. Should the client wish to rebook the cancelled sitting they shall be required to pay to the Artist an additional photographic sitting fee and any additional travel costs incurred.

11) Health and Safety
Throughout a photographic sitting the Client/owner of the animal(s) is responsible for the behaviour and actions of their pets/animals and the Artist will not be responsible for any injury to the animal, the Client, owner or third party during or as a result of the photography sitting. The Client acknowledges that any pets/animals involved in the photographic sitting are not subject to any physical or mental conditions that may be adversely affected by the process of the sitting. The welfare of the animals in the photographic sitting remains the highest concern. The sitting may be suspended or cancelled (to be rescheduled) altogether should the animals show signs of unease, discomfort or other adverse physical or emotional condition. Should the Artist become concerned over the welfare of the animal at any point during the photographic sitting the Artist reserves the right to terminate the sitting immediately.

12) Images
There are no minimum or maximum number of photographs taken, or made available to the Client as a result of photographic sittings. Montage portrait images shall consist of no more than 3 individual photographs.

13) Payment
The costs of all physical photographic and portrait products and any additionally incurred delivery charges are payable in full before the order for the same can be processed. Payment for such shall be paid within 14 days of the date of the Artist’s invoice.

14) Rejection
The Client acknowledges that rejection of photographic and portrait products is not permitted on the basis of style or composition once payment for said products has been made by the Client.

15) Limitations of Liability
Although the Artist shall exercise all reasonable skill, care and diligence in the discharge of his duties, it is understood that, in the event of any unforeseen circumstances causing loss of photographic record, the Artist will only be responsible for the return of all the money paid to date, although every effort will be made to retake the photographs. Neither the Artist or the Client shall be liable for indirect or consequential loss.

16) Indemnification
The Client hereby indemnifies and holds the Artist harmless against any and all liabilities, claims and expenses including reasonable lawyers fees arising from the Client’s use, possession and display of the Artist’s work and all physical products supplied by the Artist.

17) Waiver of Liability
The Client expressly releases the Artist from all claims, damages, and liabilities that may result from accidents or incidents that occur during the photographic sitting. This waiver of liability includes waiver of any claim that may be a result of negligence.

18) Artist’s Right to Use
The Artist reserves the right to use completed portraits and photographs from any photographic sitting for advertising and display purposes. This includes social media and photographic competitions and all routes of publication.

19) Variation
These Terms and Conditions shall not be varied except by agreement in writing
This agreement shall be governed by the laws of England and Wales.