Terms & Conditions

These terms and conditions will be permanently linked to from the footer of the Matt Marsh Photography Ltd's website and are available to read both prior to and post making a booking.

Definitions

For the purposes of this agreement, The Photographer is Matthew Marsh trading as Matt Marsh Photography Ltd. The Client refers to the person / persons / Company listed on the booking. Photograph / Image means all photographic material supplied by Matt Marsh Photography Ltd, this includes prints, files, designs or any other item that is supplied by Matt Marsh Photography Ltd for the purpose of reproduction. Session / Photoshoot / Shoot refers to the date / time allocated to the client to conduct the booking.

Booking / Cancellations / Payments

Individuals

The client will be required to initiate the booking via Matt Marsh Photography Ltd's website / online booking platform currently Calendly. The 50% Deposit / Pre-payment is due immediately to secure the date / time chosen by the client, the amount will vary depending on the type of photoshoot booked. The remainder of the session fee will be due 2 weeks prior to the session date.

Payments are made via debit / credit card on my online booking portal (Calendly) via Stripe.

The Deposit is non refundable but may be transferred to another date providing 14 days notice is given. There is a re-arrangement fee of £25 incl VAT.

If the client decides to cancel more than 14 days in advance of the session, the deposit / prepayment 50% will be forfeited. If the client cancels within 14 days, 100% of the session fee will be forfeited. A no show will be considered a cancellation. Always Email Matt Marsh Photography Ltd as soon as possible to avoid losing fees / monies paid.

You will receive confirmation of your session and photoshoot preparations / advice by email and text if you opt in to text messages.

All photo shoots include the use of my props / gym equipment subject to availability – the upmost care is taken to ensure the condition of props, any use during photo shoots is entirely at the clients' risk and can only be used providing a PAR-Q Health questionnaire has been filled out. It is the responsibility of the client to notify the photographer if there are any medical conditions or physical disabilities that may have an effect on the photo shoot.

On making a booking you agree that you have looked at the photographs within the website and are happy with the photographer's 'style'. If you are looking for a different 'style' of photograph – this must be discussed before making your booking.

Group and Individual Group Bookings

The 50% Deposit / Pre-payment is due immediately to secure the date / time chosen by the client for group bookings. The remainder of the session fee will be due 30 days prior to the session date. The exception to this is Individual Group Bookings where the group are all booking individually — full payment is required in advance.

The payment is non refundable and non transferable. Group shoot dates / times cannot be changed.

Cancellation by the Photographer

Every effort will be made not to cancel, however in the unlikely event I need to for any operational or reasons beyond my control such as but not limited to (Sickness, Death, Injury, Flood, Snow, Power-cut, Breakdown etc) I will let you know at my earliest opportunity and will be limited to a full refund of monies paid to Matt Marsh Photography Ltd only. I cannot be held liable for any 3rd party services / costs such as (Make Up, Hair, Tans, Hotels, Travel etc).

Session

Matt Marsh Photography Ltd will make every effort to produce all requested images, no particular composition or image will be guaranteed. The photographer's judgement in all matters regarding locations, composition, poses, number of photographs taken and all such like matters shall be deemed to be correct.

To allow Matt Marsh Photography Ltd to fulfil its contracted duty, all 3rd Party contractors (videographers / make up artists etc) must contact Matt Marsh Photography Ltd to ask permission. If permission is granted, a copy of their public liability insurance will be required. Minimum 5 Million.

Minors are not permitted in Matt Marsh Photography's studio nor can they be accompanied by an adult. Matt Marsh Photography Ltd reserves the right to refuse anyone access to the studio.

Copyright / Ownership and Use of Materials

Any images or copies of images whether stored digitally or otherwise are protected by the Copyright and Design Act 1988. The Copyright and Design Act 1988 assigns the copyright of the images to the photographer.

The Client must only use the images for personal use. With any high resolution images provided to the client, they may make good quality prints for personal use and sharing, as well as uploading images to use for personal blogs, sites, and social networks.

The Client must not publish any images for a commercial purpose, sell any images or enter any images into any competition without Matt Marsh Photography Ltd's prior written permission.

Unless the Client specifically states on the model release, the Client gives permission to Matt Marsh Photography Ltd to use any image from their session for editorial, trade, advertising, industry competitions and for portfolios and reasonable advertising including social media platforms.

Archiving of Images

Matt Marsh Photography Ltd will endeavour to keep / backup all images for a period of 30 days. Raw files are kept on an external hard drive and RAW JPEGS will be uploaded to a cloud service. If archived photographs are required after that time or additional storage time is required an admin fee will be charged. Any images lost within 30 days, a full refund of the booking cost will be refunded.

Failure / Force Majeure

Whilst every care is taken at every stage of the photographic process, Matt Marsh Photography Ltd shall not be liable to the client for any failure, in whole or in part, to fulfil their obligations of a booking where failure arises as a result of an event or circumstances beyond their control. Matt Marsh Photography Ltd can accept no responsibility for any losses incurred beyond a full refund of the original photo shoot fee.

Data / Privacy

Matt Marsh Photography Ltd will store your name, contact details and session information on a private internal database. These details will not be made available to companies or individuals outside of Matt Marsh Photography Ltd other than Law Enforcement, Legal Requirements and instances where it is required to fulfil your order.

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.

Personal Accident

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.

Agreement

The Client has read and understood the terms of this agreement. This agreement contains the entire understanding between Matt Marsh Photography Ltd and the Client. The only way to add or change this agreement is to do so in writing, signed by all the parties.

Applicable Law

This agreement shall be governed by the laws of England and Wales.