HEADSHOT SESSION CONTRACT / TERMS & CONDITIONS

Updated 25/04/21

  1. It is agreed that the terms set out in these Terms and Conditions 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. 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. 
  3. Images. The Photographer 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 in a digital image, the exact colour as seen by the human eye. 
  4. Retouching. Retouching will be discussed at the time of ordering your chosen images, but any digital manipulation and artistic finishing, over and above that discussed, or that the photographer deems necessary in images initially supplied to the client, is available to the client as an optional extra. 
  5. Copyright. Copyright of all images taken during the session, that are part of this contract, remains with A1 Creative Photography unless otherwise agreed in writing, and are protected by the Copyright and Design Act 1988. A1 Creative Photography gives the client the right to use the images to promote themselves and their business online on their own website, LinkedIn and other social media business pages, and in printed promotional and marketing materials for their own business, The resale of images that form part of this contract is prohibited. If a third party is interested in purchasing the images for any use, the client must inform the third party to contact A1 Creative Photography to discuss usage rights.
  6. Digital Files. Digital files remain the property of A1 Creative Photography. Any Digital Files supplied to the client will be edited as the photographer intended them to be, and are not to be altered, manipulated, changed, filtered, or re-edited in any way without the prior written consent of A1 Creative Photography.
  7. On Location. Due to the varying nature of the weather and the willingness of subjects it may not be possible to capture all the images requested when on location. 
  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 the photographer will do their best to produce as many images as possible to give a good selection to choose from, there is no guarantee that any particular number of images will be produced.
  10. Display. As the copyright owner, A1 Creative Photography will have the right to use any images taken during the clients Headshot Session, and included in this contract, in their studios, portfolios, literature, exhibitions, website, competitions, social media and advertising.
  11. Cancellation. The client may cancel this contract at any time, but in doing so shall forfeit any monies paid. Every effort will be made by A1 Creative Photography to honour this contract, but the client understands that on occasion it may be impossible for the photographer to attend on the dates specified in this contract due to ill health, or other circumstances beyond their control. Should the photographer have cause to cancel the contract for any reason, the client will receive a full refund of any monies already paid, but in the first instance the client would be offered an alternative date.
  12. Limitation of Liability. In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
  13. If you decide to choose A1 Creative Photography for your headshots, and you book a session with us, it is your responsibility to let us know about anything you are not happy with during the session, so that we can work on it and fix it before you leave. We want nothing more than for you to be completely satisfied with the results from your session and we will work with you using a variety of coaching techniques to bring out the best in you. The photographer will shoot tethered to a computer so you will be able to see how we are doing throughout the session, and they will listen to your comments regarding how you feel about the images being creating. Once you have chosen your favourite images and have left the session, A1 Creative Photography can accept no responsibility for how others feel about the images we have selected together, and that we regard as the very best from your session. As stated above, anything that you feel could have been improved upon, should have been discussed during the session.
  14. Complaints. Any complaints should be raised by the client with A1 Creative 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.
  15. Threatening Behaviour – Abuse – Harassment. If at any point the photographer is subjected to threatening behaviour, abuse or harassment, the client agrees that A1 Creative Photography will not be expected to continue to provide any further photographic coverage as outlined in this contract, and there will be no action taken against A1 Creative Photography with regard to any refund of money to be paid for the photographic coverage not completed. The photographer will notify the client of any threatening behaviour, abuse or harassment as soon as possible after it has occurred and will continue to provide the photographic coverage outlined in this contract if the issue is dealt with and no further threatening behaviour, abuse or harassment takes place. If the issue is not dealt with after the client has been notified, the photographer is within their rights to discontinue providing the photographic coverage outlined in this contract and in extreme cases it is agreed that the local police may be informed of the threatening behaviour, abuse or harassment.