Image Agents Terms & Conditions
Please find our terms and conditions below. We reserve the right to change these at any time.
- In these Terms and Conditions (a) “The Client” is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party). (b) “The Agency” describes Image Agents.
- 1. Deposits and Payments. The Client shall make a deposit to retain The Agency to perform the services specified herein. At the time of the appointment, the deposit shall be applied to reduce the total cost, and The Client shall pay the balance due. With payment of deposit The Client agrees upon The Agency’s terms and conditions.
- 2. Upon confirmation of the appointment, The Agency shall reserve the time and date agreed upon. The deposit is therefore non-refundable should The Client cancel the appointment less than 48 hours prior to the agreed date and time.
- 3. The Agency undertakes to provide photographic services to The Client either at the Agency’s studios or at The Client’s business premises.The services comprise of a photosession lasting 90 minutes or less, following which the Agency will send digital contact sheets via email to The Client for selection and approval. Following receipt of The Client’s selection by email, the Agency will send The Client a CD by post, containing the retouched files of the three selected images both in high resolution and as a smaller file for online use.
- 4. The Agency may appoint any photographer whom it considers competent to undertake the agreed photographic session. The Agency will warrant that the photographer in question shall be a competent professional.
- 5. Failure to perform: If The Agency cannot perform this Agreement due to a fire or other casualty, strike, act of God or other cause beyond the control of the parties, then The Agency shall return the deposit to The Client but shall have no further liability with respect to the Agreement. In the event that The Agency fails to perform for any other reason, it shall not be liable for any amount in excess of the retail value of The Client’s order.
- 6. The Client is obtaining digital files and/or prints for personal and professional use. Should the photograph be used in a larger editorial context, for instance to accompany an article within a magazine, newspaper or journal, The Client shall request that the credit ‘Image Agents’ shall be placed adjacent to the photograph, but shall have no liability if the publication refuses or omits to do so.
- 7. Copyright: The Agency retain full, worldwide copyright on all photographs supplied. From time to time The Agency might select photos for use on its website or in other promotional materials. However, in accordance with The Agency’s terms regarding data protection, it will not do so without The Client’s express permission.
- 8. In accordance with the accepted practises of all professional photographers and photographic laboratories, the return of any technically acceptable digital photographs or prints for refund cannot be entertained on principle. No exception whatsoever can be made to this rule as The Agency cannot be held responsible for individual tastes or expectations.
- 9. The Client is aware that colour dyes in digital prints may fade or discolour over time due to the inherent qualities of dyes, and The Client releases The Agency from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
- 10. Prices: All quotes remain valid for 28 days, all other charges published on our website and in other promotional materials are based on The Agency’s current price list. This price list may be adjusted without notice and future orders shall be charged at the prices in effect at the time when the order is placed. The Agency do not offer any refunds on special orders.
- 11. Data protection: A digital archive, containing The Clients’ images and personal data, is held at The Agency’s premises to enable clients to re-order scans or prints in case of loss of originals. The Agency respects the privacy of its Clients and takes all reasonable steps to protect these personal data from unauthorised access. The Agency does not disclose personal data to third parties, nor will it publish The Clients’ portraits without their express permission.
- 12. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default or either the same provision or any other provision of this Agreement. English Law shall govern this Agreement.
- 13. Accidents: The Agency cannot take any responsibility for accidents occurring on its premises that are not reported at the time they took place.