Rosalind Hobley Booking Form
To complete your booking please fill in your details below:
Rosalind Hobley Commercial Photography Terms And Conditions
(a) For the purpose of this agreement “the Agency” and “the Client” shall where the context so admits include their respective assignees, sub-licensees and successor in title. In cases where the Photographer’s Client is a direct Client (i.e. with no Agency or intermediary), all references in this agreement to both “the Agency “ and “the Client” shall be interpreted as references to the Photographer’s Client.(b) For the purpose of this agreement “The Photographer” will mean the Author of the Photograph or Rosalind Hobley, and shall where the context so admits include their respective assignees, sub-licensees and successor in title.(c) “Photographs” and “Works” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints, digital files or any other type of physical or electronic material in existence now or yet to be developed.(d) All contracts verbal or written are only accepted on the basis that the Terms and Conditions of the Photographer are the only ones applicable.(e) Other Terms and Conditions proffered by the Client are specifically excluded unless agreed in writing beforehand by the Photographer.(f) Where time is of the essence the Photographer entirely at its own discretion may accept an instruction given orally, in this event the Photographer shall accept no liability for any error in executing the order.(g) Unless the Photographer is given prior written notice by the Client, the person placing or signing the order on behalf of the Client is deemed to be authorised to do so.(h) When a Client’s policy is not to rely on email confirmations, hardcopy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law.
(a) The Author retains the entire copyright in the Photographs and Works at all times, throughout the World and (b) Where reproduction of Works has taken place and settlement has not been made, the Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.
OWNERSHIP OF MATERIALS.
(a) Title to all Photographs remains the property of the Photographer.(b) When the License to Use has expired the Photographs must be returned to the Photographer in good condition within 30 days and any archived digital files destroyed.(c) Title to any materials used in producing the Works is not transferred to the Client upon payment of the invoice.
(a) The License to Use comes into effect from the date of payment of the relevant invoice(s).(b) No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission in writing.(c) Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation.(d) Where restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee to be mutually agreed. Note: A written agreement must be reached with the Photographer before the Photographs may be used for other purposes. Where uses of an image are made which breach the licence to use further charges will be made.(e) Any reproduction rights granted are by way of licence only and no partial or other assignment of copyright shall be implied.(f) On the Client’s death or bankruptcy or (if the Client is a Company) in the event of a Resolution, Petition or Order for winding-up being made against it, or if a Receiver or an administration is appointed, any licence granted shall immediately cease.
(a) Unless agreed to in writing on the License to Use and the Invoice no exclusivity is given or implied to The Agency and/or The Client.(b) The Photographer retains the right in all cases to use or sell the Photographs. (c) Exclusivity will not be unreasonably withheld but only on written agreement with the Photographer before work commences.
(a) The Photographer will keep confidential and will not disclose to any third parties or make use of information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.
(a) It is the Client who must satisfy himself/herself/It’s self that all necessary rights, model releases, clearances or consents which may be required for reproduction of people, places or items depicted within any Works are obtained.(b) It is acknowledged that the Photographer gives no warranty or undertaking that any such rights, releases or consents are or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or Works of art depicted in any picture.(c) The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed in writing before the shoot.(d) In all other cases the Client shall indemnify the Photographer againstall expenses, damages, claims and legal costs arising out of any failure toobtain such clearances.(e) The Photographer will not be liable for any loss or damage, for any consequential loss of profit or income however caused including negligence by the Photographer, Rosalind Hobley, their employees or agents or otherwise, and it is the Client’s responsibility to insure against such loss or damage.
(a) Payment by the Client will be strictly as per the terms of the relevant invoice.(b) Thereafter, further charges may be made for any additional statement, letter (whether as an email, fax, etc) issued for the recovery of the outstanding debt of not less than £15.50 plus VAT each and all other costs for the recovery of debtsincluding bank charges.(c) A further charge of 5% over the Lloyds TSB Bank rate from time to time is added to the invoice on the first day following that when settlement should have been made. LATE PAYMENT OF COMMERCIAL DEBTS (INTEREST) ACT 1998 will be enforced.(d) Where a Client is a company and whether or not that company has gone into liquidation the individual directors will be responsible for all outstanding fees and costs in relation to the contract.
(a) Where extra expenses or times are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise .The Client shall give approval to and be liable to such extra expenses or fees, in addition to the fees and expenses shown on the Estimate as having been agreed or estimated.
(a) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
CANCELLATION & POSTPONEMENT.
(a) A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a fee of cancellation or postponement.
RIGHT TO A CREDIT.
(a) The Licence to Use requires that the Photographer’s name ‘Rosalind Hobley’ will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). The Photographer also asserts his/her statutory and moral right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
SUPPLY TO THIRD PARTIES.
(a) The licence only applies to the Client and product stated on the Licence to Use.
(a) Save for the purposes of production for the licensed use(s), the Photographs may not be stored or archived in any form without the written permission of the Photographer.(b) Manipulation of the image or use of only a portion of the image may only take place with the written permission of the Photographer.(c) Digital Data is stored by the Photographer on the understanding that the Photographer is not responsible for the future integrity of that data, or of any failure to retrieve data from the Photographer’s archive.
(a) This agreement shall be governed by the Laws of England & Wales.
(a) These Terms and Conditions shall not be varied except by agreement in writing.
WHAT DATA DO I COLLECT?
I collect personal information provided from you when submitting an enquiry via the contact form, or when you make an email or telephone enquiry. I also collect additional information automatically about your visit to my Website.
I may collect the following information:
Contact information including email address
Details of services provided to you, for example date and place of a photoshoot
Details of family members being photographed (for example, the names and ages of any children you wish to be photographed
Gift recipient name and address
The photos taken of you
Website usage data
Other information relevant to customer enquiries
HOW I USE THE PERSONAL DATA I HOLD ABOUT YOU
I will process this personal information for the purposes of providing you with our services. For example:
respond to your enquiry and provide you with information about my services;
provide you with any requested services;
contact you about a previous order;
send you a gift card, fine art prints or photographic albums;
seek your feedback on my services;
comply with my accounting and legal obligations;
ensure the efficacy of my services;
improve my services
market my business to other potential clients (for example, by including photos in my online portfolios).
I may retain your personal data in order to operate our business, for example, in order to keep a record about your enquiry or the services provided to you and comply with our legal and accounting obligations. The length of time I retain it is determined by a number of factors including the purpose for which I use that information and my obligations under other laws.
I share your personal data with third parties in the following situations:
Service Providers: I sometimes engage selected third parties who act on my behalf to support my operations, such as (i) card processing or payment services (see the section below headed “Payment Information”), (ii) IT suppliers and contractors (e.g. data hosting providers or delivery partners) as necessary to provide IT support and enable me to provide our goods/services, and (iii) providers of specialist services, including retouching, printers, framers and book binders. (iii) my client software (Tave). Pursuant to my instructions, these parties may access, process or store your personal data in the course of performing their duties to me and solely in order to perform the services I have hired them to provide.
Business Transfers: if I sell my business or my company assets are acquired by a third party personal data held by my about my customers may be one of the transferred assets.
Administrative and Legal Reasons:
if I need to disclose your personal data (i) to comply with a legal obligationand/or judicial or regulatory proceedings, a court order or other legal process. (ii) to enforce my Terms & Conditions or other applicable contract terms that you are subject to; (iii) to protect me, or my contractors against loss or damage. This may include (without limit) exchanging information with the police, courts or law enforcement organisations.
Your personal data may be transferred to and stored in countries other than the country in which the information was originally collected, including the United States and other destinations outside the European Economic Area (“EEA”) to our service providers for the purposes described above.
Please note that the countries concerned may not provide the same legal standards for protection of your personal data that you have in the United Kingdom or EEA. Where I transfer your personal data to countries outside of the EEA I will take all steps to ensure that your personal data continue to be protected. I will implement appropriate safeguards for the transfer of personal data to my service providers in accordance with the applicable law, such as relying on our service providers’ Privacy Shield certification or implementing standard contractual clauses for data transfers. If you would like to receive more information on the safeguards that I implement, including copies of relevant data transfer contracts, please contact us as indicated below.
Cookies are small text files that are placed on your computer, with your permission, in order to let websites do several important things, including remember what’s in your shopping basket and which pages you have visited.
I use the following categories of cookies:
Strictly necessary cookies: These do not require consent and are vital to make the website work properly. This category of cookie may include those which allow online shopping baskets to function.
Performance cookies: These cookies generally help the website operator fix bugs or glitches on the website. They may also provide analytics on which web pages are popular, allowing the website operator to improve the quality of the user’s experience.
Functionality cookies: These may include settings like “remember me” buttons, language settings, text size and anything that remembers the particular settings chosen by the user. These cookies can be persistent or session cookies, which generally have a longer lifespan than other cookies.
Analyse my web traffic using analytics package. Aggregated usage data helps me to improve the website structure, design, content and functions.
HOW TO CONTROL COOKIES
If you wish to prevent cookies being set before you visit this website, or most other websites, you can set your browser to block cookies. Most browsers allow you to do this in their settings.
If you would like to know more about cookies, please visit the ICO website
WHAT HAPPENS WHEN I FOLLOW LINKS ON THE SITE?
If you follow links to other sites from mywebsite your data will be subject to the privacy policies of those sites. You should refer to these policies before providing your data.
I take all reasonable precautions to hold your information securely.
To prevent unauthorised disclosure or access to your information, I hold your physical data securely and I use strong passwords for all electronic data.
WHAT HAPPENS WHEN THIS POLICY CHANGES?
Changes may be necessary to this policy to reflect legal or data processing developments. If I change the policy we will provide information on our website so that users can review the changes. Any significantly different use of your data will be communicated to you and you will be able to choose whether you agree to the new use.
HOW YOU CAN CONTACT US
If you have any questions about this policy, please email email@example.com or write to:
41 Daventry St, London