TERMS AND CONDITIONS

 In the following terms & conditions  “the photographer” shall mean representatives on Bruno Noir  Photography. “The clients” shall be those persons defined as person acquiring the services of Bruno Noir on the form above. These terms & conditions cannot be  varied in any way by the clients unless such conditions are expressly  agreed by the photographer in writing.

1. COPYRIGHT

i. The copyright Designs and Patents Acts assign the copyright of the images to the photographer.  

2. DISPLAY

i.  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. 

3. CREATIVE LICENSE, COVERAGE AND REPRODUCTION

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

ii.  Special requests are not binding instruction, although every effort is  made to comply with the client's wishes. The Photographer/s will do  their best to honor the requested photographs but do not undertake to  guarantee any specific picture nor incorporate any specific background,  location or group arrangements due to changes in weather an the  availability and willingness of subjects.

iii.  For a booking involving a church ceremony or 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  ceremony may not be the photographer's choice and the photographer  cannot accept responsibility for any obstructed view should this be the  case. 

iv. Due  to a variety of lighting conditions and the limitations of digital  sensors, some colors may alter throughout a set of photographs. 

v. 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. 

4. PAYMENT

i.  A non-refundable booking fee of $50.00 will confirm your booking, as  well as full acceptance of the terms and conditions as published on the  photographer's website. The booking fee will be deducted from the cost  of the client's chosen package when calculating the final balance due. 

ii. Payment in full of the remaining balance will be due two weeks before the delivery of products and services. 

iii. Additional goods ordered must be paid for in full at the time of ordering. 

iv. Titles to all goods remains with the photographer until paid for in full by the client(s).

5. FORCE MAJEURE

i.  In the very unlikely events of cancellation by the photographer or of  total photographic failure, liability shall be limited to a full refund  of any fees paid. 

ii. The  photographer will endeavor to put the client(s) in touch with another  photographer in the event they are unable to attend on the event date  due to any cause beyond their reasonable control e.g. sudden illness,  injury, victim of crime, flooding, traffic conditions, vehicle breakdown  etc. 

6. DIGITAL NEGATIVE FILES

i. All  digital negatives (computer files) remain the property of the  photographer. All digital packages include a copy of the edited  digital negatives to the client(s) for their own non-commercial use.

ii.  Should the digital negative files be lost, damaged of destroyed for the  reasons beyond control, the photographers liability shall be limited to  a full refund of any deposits and fees paid, but shall not include a  refund for any goods already received.

7. ON THE DAY

i.  The photographer will be the sole professional (still) photographer at  the venues specified. The photographer does however positively encourage  family, friends and other guests to take photographs throughout the  day.

ii. A meal is not a requirement to the photographer, however one would be greatly  appreciated.

iii. The  photographer will stay to photograph beyond the approximated time if requested. Any photography following this time will be at the  discretion of the photographer or if expressly agreed in writing  beforehand.

8. PERSONAL ACCIDENT

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

9. CANCELLATION FEES

i. If the client(s) should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation: 

ii. Cancellation from the booking date and more than two weeks to go until the event, the booking fee of $50.00. 

iii.  Cancellation with less than two weeks to go until the event,  full price for the complete photographic coverage booked. The client(s)  are hereby advised to take out an appropriate insurance policy to cover  any expenses incurred in the event of cancellation. 

10. DELIVERY

i.  The photographer will endeavor to deliver digital negative files as  quickly as possible. However this could take up to 4-6 weeks during busy  periods.