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Terms & Agreements

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Definitions:

In the following terms & agreements “The Photographer(s)” shall mean Durwin Randle or any photographer(s) appointed by PhotoVid Gallery. “The Client(s)” shall be those whose name appears on the agreement. It is mutually agreed that the following terms of agreements form an integral part of this contract and cannot be varied in any way by the client(s) unless such conditions are expressly agreed by the photographer in writing. By booking with the photographer you agree to the below Terms and Conditions.

1. Booking Fee:

1.1) A non refundable 20% deposit booking free is required at the time of booking in order to reserve and secure the appointment unless otherwise confirmed by PhotoVid Gallery. Payment may be paid by cash, debit or credit card.

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2. Payments:

2.1) Balances owed for photo shoot appointments must be paid in full before the session commences. Payment for all extra items ordered must be made at the time of ordering. Prices for prints, digital images, mounts and framing options are available upon request.

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3. Display:

3.1) The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc.

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4. License, Coverage & Reproduction:

4.1) Photographs taken during the course of the session/event will be at the discretion of the photographer although every effort will be made to comply with the clients requirements.

4.2) When attending events the photographer shall endeavour to photograph all individuals as requested by the client(s) at some point, but no responsibility will be taken by the photographer on the occasion of leaving somebody out.

4.3) At certain venues, the photographer’s movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the event may not be the photographer’s choice and the photographer cannot accept responsibility for any obstructed view should this be the case.

4.4) On location or events due to a variety of uncontrolled lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs.

4.5) Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.

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5. Prints, Reprints & Enlargements

5.1) We offer a large range of print and enlargement sizes, including custom sizes, as well as a large variety of textures, coatings, and other options to enhance the appearance of your prints. Please ask advice before ordering enlargements.

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6. Postage & Packaging

6.1) Local Pickup is Free:
Orders 11×14 and smaller that fit in a flat mailer may be picked up for free within 5-10 days of being shipped from the lab.

6.2) Standard Shipping Within 2 Days or Less:
a) When you place an order for over $43.00 worth of photographic prints and/or finishing services, you pay only $7.50 for Standard Shipping with delivery within 2 days or less anywhere in the continental US. (*Orders over $500 may incur additional shipping charges. We will contact you regarding shipping and freight options).
b) Pay only $12.00 per order for Standard Shipping on orders under $43.00.

6.3) Overnight Shipping:
a) Overnight shipping is available for a limited time for $18.00* per order. (*Limited time offer. Excludes MetalPrints, Acrylic Prints, Wood Prints, and Framed Prints).
b) Choosing Overnight shipping does not change production times. If you need an order completed in less than the normal turnaround time, please let us know so that we can place a “Rush Print” order.

6.4) Albums:
Albums are shipped for a flat $13.00 per album for 3-day shipping.

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7. Creative License

PhotoVid Gallery shall be granted creative and artistic licence in relation to the choice of locations and poses used. PhotoVid Gallery’s judgement on photographic style and the number of photographs taken shall be deemed correct. Some photographs may not be possible due to changes of the weather and the availability and willingness of subjects. PhotoVid Gallery will do their best to honour requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement.

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The 1998 Copyright, Designs, and Patents Act assigns copyright to PhotoVid Gallery, unless at the time of booking/at the time of additional orders, a release is negotiated. By purchasing images in either print or digitally you are purchasing the right to the image, not the copyright and therefore have no rights to reproduce the image in or on any medium. You may not copy the photographs taken under this contact, or allow copies to be made photographically, electronically, or by any other means. This is a standard condition for professional photographers.

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9. Ownership

All digital negatives (computer files) remain the property of the PhotoVid Gallery. On occasion, PhotoVid Gallery may supply a copy of the edited digital negatives to the client(s) for their own non-commercial use.

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10. Cancellation

a) If PhotoVid Gallery has to cancel the appointment for reasons beyond their control (death, injury, sickness, etc.), their liability shall be limited to a full refund of all monies paid.
b) Wedding Photography: If the Client cancels the appointment, a 80% refund policy exists up until 31 days prior to the session date at which point the full Booking Fee will be retained by PhotoVid Gallery.
c) Portrait Photography: If the Client cancels the appointment, a 50% refund policy exists up until 7 days prior to the session date at which point the full Booking Fee will be retained by PhotoVid Gallery.
d) Graduation Photography: If the Client cancels the appointment, a 50% refund policy exists up until 7 days prior to the session date at which point the full Booking Fee will be retained by PhotoVid Gallery.

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11. Postponement

a) Should the cancelled appointment turn out to be a postponement, then, subject to PhotoVid Gallery’s availability, all monies paid may be applied to the new appointment. In this case, the total fees chargeable shall be the fee which applies at that time.
b) In the event that PhotoVid Gallery take another appointment for your cancelled or postponed date, a full unconditional refund of your deposit and monies paid shall be made.
c) If, following cancellation by the client, a new date cannot be agreed by both parties, the full booking fee will be retained by PhotoVid Gallery.

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12. Postponement Due to Adverse Weather

a) If the appointment has to be cancelled by PhotoVid Gallery due to adverse weather conditions, a new mutually agreed appointment will be made.
b) However, if the Client would like a Booking Fee refund, this will be granted.

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13. Personal Accident

Any directions issued to clients, their guests or employees during a photographic session/event are deemed to be at said persons own risk. The photographer/PhotoVid Gallery cannot be held responsible for any personal accidents during a photographic session.

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14. Complaint Procedure

Please address any complaints to PhotoVid Gallery by email or writing as per my contact details. We will endeavour to respond to any complaint within 5 working days of receipt.

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