DEFINITIONS

Photographer means Gary Murison, operating as Gary Murison Photography.

Customer means any person, group of people, Organisation or Company with whom “Gary Murison” enters into a contract, verbal or written, for the purpose of providing photography or photography training services by “Gary Murison Photography”

Service means any consultation, product, photo shoot, training option, offered or provided to the “Customer’ by “Gary Murison”

Force Majeure means any unforeseeable event, out-with the control of the “Photographer” or the “Customer”, such as a family death, adverse weather or serious illness

ACCEPTANCE

1.1
Any and all contracts and transactions between the Photographer and the Customer, whether made orally or in writing are subject to these Terms and Conditions, which shall be deemed to be incorporated into any contract between the Photographer and the Customer

1.2
By entering into contract with the Photographer, the Customer and the Photographer are agreeing to and accepting these Terms and Conditions

BOOKING & BOOKING FEE

2.1
Booking a Service enters the Customer and the Photographer into a contract whereby the Photographer agrees to provide the Customer with the requested Service and the Customer agrees to adhere to these Terms and Conditions

2.2
When a Booking Fee has been requested by the Photographer, the Service, including photography and photography training options will not be deemed as confirmed until the Customer has made payment of the Booking Fee and no guarantee can be made by the Photographer that the Service can be provided or will be available to the Customer

2.3
The Booking Fee is non-refundable if the Customer fails to comply with these Terms & Conditions

PAYMENT

3.1
Any Booking Fee as stated in Section 2.2 must be paid before a Service is secured

3.2
All payments or balance of payments must be made on or before the date stated on the Invoice, or Booking Form

3.3
Any refunds due to the Customer by the Photographer will be issued by the Photographer within 3 working days of the request unless alternative agreements have been made between the Customer and the Photographer

3.4
The Photographer will not be accountable or responsible for refunding any third party booked by the Customer, such as a Makeup Artist, Hairdresser, Stylist, etc

CANCELLATIONS

4.1
The Customer may cancel the contract at any time by giving written notice to the Photographer but, unless of a Force Majeure, a fee will be applicable or a forfeit of any monies already paid.

4.1.1
Unless otherwise agreed by the Customer and the Photographer, the following Cancellation Fees apply:

0 – 2 days:: 100% of fee due

3 – 5 days: 50% of fee due

6 – 7 days: 25% of fee due

> 7 days: no fee due

4.2
Should the customer not appear (no show), and no cancellation is made, the customer is eligible to pay the full cost quoted at the time of booking.

4.3
Following Cancellation or No Show there are no obligations for the Customer or the Photographer to re-book any Service

POSTPONEMENT

5.1
Certain Services, such as, but not limited to, outdoor photo shoots, may be weather-dependent. Postponement can be made by the Photographer if the weather or other conditions would make it difficult to provide the requested Service, or if risk has been identified

5.2
An alternative date can be negotiated by the Customer and the Photographer

5.3
Should no alternative date to provide the Service be possible, the Customer or the Photographer may leave the contract with no recourse or indemnity

5.3.1
When it has not been possible to reschedule a Service, any fees paid by the Customer will be returned in compliance with section 3.3

COPYRIGHT LICENSE

6.1
In accordance with the Copyright, Designs & Patents Act 1988, the copyright of all photographs taken by the Photographer is retained by the Photographer and cannot be used by a third party organisation unless pre-agreed with the Photographer

6.2
Customers have rights to make use of the photographs as stated in the Photograph License Agreement, issued with the photographs

6.3
All materials issued during any photography training option will also be deemed to be the property of the Photographer and require compliance to these Terms & Conditions and any further Contract issued

EXCLUSIVITY

7.1
Unless otherwise agreed between the Customer and the Photographer, the Photographer retains the right in all cases to use the photographs for the purposes of advertising or otherwise promoting their own work

IDEMNITY

8.1
The Customer agrees to fully indemnify the Photographer in respect of any claims or damages or any costs arising in respect of claims for copyright violation made by a third party.

8.2
Obtaining parental consent for student/pupil/child photography usage is compulsory and should be undertaken in advance by the Customer. The Customer shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.

RISK

9.1
The Photographer will endeavor to identify and minimise risk and damage to Customer, the Photographer, property and other parties directly involved with the provided Service.

9.2
The Photographer retains the right to postpone or cancel a Service without recourse at any point before or during where risk has been identified, which could effect those identified in Section 9.1.

9.3
Should any person’s behaviour be deemed to place others at risk, or be disruptive to the Service or training option, that person may be asked to leave and will not be entitled to any refund of fees

COMPLAINTS & GRIEVANCES

10.1
Any complaint or grievance should be made in writing to the Photographer at the earliest opportunity

10.2
The Photographer will respond in writing to any complaint or grievance within 5 working days of receipt of the complaint or grievance

APPLICABLE LAW

11.1
This agreement shall be governed by the Courts, laws and regulations of Scotland.