2: The original digital negatives remain the sole property of The Photographer. When purchasing a copy of a digital negative, The Client acquires the right to make printed copies of that image for personal (non commercial) purposes. A separate licence must be obtained to publish the image in printed or electronic form or to otherwise use the image for any business purposes.
3: All photographs produced by this studio, whether commissioned or otherwise, remain the copyright of Jayne & Chris Birchall Photography.
4: In the case of commissioned portrait photography, the moral rights belong to the person commissioning/appearing in the photographs.
4a: In simple terms, this means that without the express written permission of the photographer, it is illegal to make a copy of, or to otherwise publish, any professionally produced photograph – even if you have paid for it! The act also protects the moral rights of person depicted in a photograph.
5: In the event that any invoices or fees remain unpaid by the client, or should the client fail to return to view the proofs, then the full copyright and all moral rights to the images shall remain with the photographer.
6: Here at BeautyPhoto Studios, we understand our customers may well want to make additional prints for family and friends, to email their images or use them on social networking sites such as Facebook. In the light of this, we operate a quid-pro-quo arrangement whereby we freely licence the making of prints from any image files that we supply in digital form, and the use of any such photographs for personal (non commercial) purposes including publishing on Internet sites. In exchange, the subject and/or commissioning agent grants us permission to use the images for display, promotion, editorial and publicity purposes. Full copyright and moral rights in the images are irrevocably relinquished by the customer in exchange for free or reduced price photo sessions and/or discounted prints and photographic services.
7: Jayne and Chris Birchall of the BeautyPhoto Studio [hereinafter the “Studio”] takes the utmost care with respect to the exposure, development, and delivery of photographs. In the event the Studio fails to comply with the terms of any contract due to any event or act outside the control of the Studio, or for any other unforeseen reason, the Studio’s liability is limited to the refund of fees paid.
ARCHIVAL. Upon 1 year after the date the photographs were taken, the Client will be given the option to purchase the digital negative files at the cost as it applies at that time. If the Client declines to purchase the digital negatives the Client will be given two options:
(a) The photographer will continue to archive and protect the files for another year; the Client will be charged the archival cost as it applies at that time.
(b) The Clients digital negative files will be destroyed to make room for other clients files and will no longer be available in any form.
The time for performance of the Contract by the Studio shall not be of the essence of the Contract, the Studio’s failure to so deliver and/or provide by any implied due date(s) shall not constitute a breach of Contract and the Studio shall not in any circumstances be responsible for any direct or consequential loss or damage of any kind whatsoever resulting there from. The Studio may wholly or partly suspend deliveries of Goods and/or provision of Services and the Buyer shall accept late delivery of such Goods and/or provision of Services unless the Buyer has cancelled the Contract before work has commenced on the production of said goods.