Terms & Conditions
In the following terms & conditions “the Consultant” shall mean Elaine Pringle Schwitter trading as Elaine Pringle Media. “The client(s)” shall be those persons defined on the booking form. These terms and conditions cannot be varied in any way by the client(s) unless such conditions are expressly agreed by the Consultant in writing.
Copyright
Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright, Designs and Patents Act 1988. It is contrary to the Act to copy or allow to be copied photographically/electronically or by any other means an image created as part of this contract without the permission of The Consultant in writing. IMPRESSUM
Website Display & Promotional Usage
The client(s) hereby allow(s) the Consultant to display any photograph covered by this contract and to generally promote the business in advertising, exhibitions, competitions, brochures, magazine articles, websites, sample albums etc.
Force Majeure or Act of God
The Consultant will endeavour to put the client(s) in touch with another Consultant in the event they are unable to attend on the date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding etc. In the event of cancellation by the Consultant, or in the very unlikely event of total Work failure, liability shall be limited to a full refund of any fees paid.
Liability
The Consultant shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or for any loss to our customers arising from delay in transit. Where work is defective for any reason, including negligence, the Consultant’s liability (if any) shall be limited to rectifying such defect.
Personal Accident Any directions issued to clients during a photographic shoot are deemed to be at said persons own risk. The Consultant cannot be held responsible for any personal accidents during a photographic shoot.
Licence*
The Consultant hereby grants the client(s) licence to use the images for any non-commercial purposes without any further fee being paid. Licensees may copy, display, and perform the work and make derivative works based on it only for non-commercial purposes. Non-commercial is defined as an activity that does not in some sense involve any financial transaction.
* Not applicable to Commercial and Corporate clients.
For the avoidance of doubt, distribution of images made for Clients (commercial and corporate) to third party commercial organisations and/or individuals is prohibited. Clients must redirect such individuals and/or organisations to The Consultant to negotiate a licence agreement.
Artist Licence
The Consultant shall be granted artistic licence in relation to the poses photographed, the location used and digital retouching. The Consultant’s judgement regarding the locations, poses and number of photographs taken shall be deemed to be correct.
Photographs and Images
All image sizes are nominal. The Consultant 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 on film or digitally the exact colour as seen by the human eye.
All pictures purchased are presumed to have been received in good condition unless the Client notifies Elaine Pringle Media in writing of any discrepancy or error within 14 days of receipt.
Booking Fee
A non-refundable booking fee of 50% deposit when the client agrees this contract*, this fee is deducted (in full) from the total price. The booking fee secures the time and services of the Consultant and is non-refundable or transferable in the event of cancellation. Payment can be made by bank transfer, Pay-Pal, cheque (UK) or Credit Card. Please see Terms and Condition on Cancellations and Refunds.
* Corporate clients please refer to information sheet. Wedding clients – 25% Deposit required to confirm booking. Event Organisation and Consultancy clients – fees start at CHF350/ £325 per hour.
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Payment
Following payment of the booking fee, balance of any fees due are to be paid on, or before the date of the Sitting. Sitting is defined as the day of the shoot itself. No photographs will be delivered until all payments due have been paid in full. Payment for additional images and services is to be made when they are ordered.
Late Payment*
For unscheduled or unapproved (in writing) late payment, clients must pay a 5% (of original bill) late payment fee on top of due payment. If late payment is greater than 30 days after the due date and/or Sitting date, clients must pay a 15% late payment fee (of original bill). If late payment is greater than 3 months after the due date and/or Sitting date, FORMAL and LEGAL ACTION WILL BE TAKEN.
* This is applicable whether partial payment has been made. If there is an outstanding sum from the original bill, the above applies in full.
Cancellation
London Shoot: Cancellation less than 10 days prior to date of the shoot will result in payment in full for the complete photographic coverage booked.
Switzerland Shoot: Cancellation less than 72 hours prior to date of shoot will result in payment in full for the complete photographic coverage booked.
All cancellations must be in writing. Where the Consultant is able to re-book the date with an equivalent booking then the cancellation fee will be reduced to the original booking fee.
Refund Policy
The Consultant will not refund, nor accept the return of/refusal to pay charges for, any technically acceptable photograph supplied either in print or in electronic format. No exception can be made as we cannot be held responsible for individual tastes or exceptions.
Retouching
Retouching and artist finishing is available as an optional extra (if not part of the initial agreed service/ package) and the final output and finish of any image that is re-touched will be at the Consultant’s discretion.
Photo Storage
Storage of Images Original digital images are kept on an active file for three months, after which time the raw images are stored in a secure location (access to these images is solely limited to the Consultant). Raw image files will not be deleted unless expressly requested to do so by the client.
Reorders, Unconventional Edits and Additional Images, Orders
All reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing. A charge of CHF50 for each reordered image, unconventionally edited image or additional Image. A charge of CHF75 for each digitally ordered image with no prior agreement, contract or shooting arrangements. For the avoidance of doubt it is the request of an image, e.g landscape photo seen at an exhibition, in a newspaper, in a magazine on directly on this website. Printed and framed order images with be at cost + CHF75.
Gift Vouchers
Gift vouchers are for the amount stated and can only be redeemed once. Vouchers are non refundable or exchangeable.
Complaints
Any complaints should first be raised by the client with the Consultant in writing within 21 days from the date of receipt of images.
Terms and Conditions of using this site
The purpose of this website is to showcase my work to date and the images are not intended to be downloaded or used in any way. All images on this site are protected under international copyright laws.
The Consultant reserves the right to amend these Terms and Conditions without prior notice.