Terms & Conditions

Terms and References

Matthew Burch Photography is a trading name of Matthew Burch

The Client is an individual, sole trader or company requiring photographic services from Matthew Burch Photography

In the absence of a specific Contract

In the absence of a specific contract pertaining to a written or verbal commission it is agreed between Matthew Burch Photography and the Commissioning Client ‘the Client’ that these Terms & Conditions in conjunction with all written and verbal agreements form the basis of the Commission.

GDPR

We take the GDPR seriously and insofar as is possible we have checked that our uses of online platforms, data storage & security, marketing, support and third party companies and individuals across all required sectors comply with the regulations, limited to the information they provide direct or publicly. Please see our Privacy Policy for more information.

Quotes & Estimates

Any fees stated and/or confirmed on the basis of a completed commission are provided as an estimate in so much as additional work and/or expenses will be chargeable in line with the main fee structure or as agreed with the Client.

Confirmation of Terms

Confirmation of booking, verbal or written, confirms the client’s acceptance of these Terms and Conditions. Once the Client has confirmed a booking for a time and date, Matthew Burch Photography will not accept any other work from other clients for those times and dates. As a result, if a booking is subsequently cancelled or postponed, Matthew Burch Photography reserves the right to charge the Client a cancellation fee as per the following schedule below.

Cancellation Fees

A booking is considered firm as from the date of confirmation and accordingly Matthew Burch Photography reserves the right to charge a fee for cancellation or postponement. This fee would normally be charged at the following rate: When a client cancels a booking within 7 days of any confirmed date, a fee of 50% of the booked time rate will be charged. When a client cancels photography within 2 days of any confirmed date, a fee of 100% of the booked time rate will be charged. In the event of the job being rescheduled 50% of this fee will be credited to the invoice when the assignment is completed.

Note: Any cancellation fee payable may include additional cancellation charges incurred or payable by Matthew Burch Photography in respect of model fees, stylist charges, prop searches and purchase expenditure etc.

Payment Terms

Full payment of the invoice is stated as within seven days of the invoice date and is usually required before the final image files are released to the Client. Matthew Burch Photography reserves the right to charge an administration fee of £25.00 per letter/telephone call/email in pursuance of late invoice payment. Late payments exceeding 28 days will be charged at 6% above Lloyds Bank base rate applied retrospectively from the seven days after the invoice date.

Hair & Make Up

Matthew Burch Photography’s pricing structure includes a Hair & Make Up Artist attending a photoshoot. Our MUA’s are professionals and pay close attention to their products and check with people regarding any allergies however, we ask that the client informs people being photographed that a Hair&MUA will be attending and to confirm to us any known allergies.

Flash Photography

Matthew Burch Photography uses studio strobes (flash photography) for headshots. It is important that the Client ensures that all participants are aware that flash photography takes place and that Matthew Burch Photography is informed in advance if this is difficult for anyone.

Copyright & Image Licences to Use

As per the Designs & Copyright Act 1988, Copyright remains with Matthew Burch.
A Corporate Image Licence is included in the fee charged unless otherwise stated with separate Terms agreed. The Corporate Licence is valid once the invoice has been paid in full and the photos should not be used until then unless agreed with Matthew Burch Photography. The standard Corporate Licence is as follows:

Corporate reproduction rights allow photographs to be reproduced by the “Commissioning Client” (CC) for the images, or in the case of a Commissioning Intermediary (CI), the “End User Client” (EUC). These images may be used by the CC or EUC in their own promotional material, for marketing purposes, advertising, press releases, social media, internet/intranet sites, retail packaging and images may be used in internal reports, client surveys and public reports where any charge for the report does not exceed £10 (Ten pounds). Images can be used in perpetuity by the CC or EUC. Unconnected third party use is prohibited.
CREDIT In all cases Matthew Burch expects to receive a credit with all and any published photographs.

Image Storage/Archive

Matthew Burch keeps and archives all photographs but makes no guarantee to do so for any period. It is the Client’s responsibility to ensure that delivered photos are retained safely. If a repeat delivery is required a fee may be charged.

Use of Images for Marketing Purposes by Matthew Burch Photography and/or Matthew Burch as well as the sister brand White Space Headshots

Matthew Burch Photography, Matthew Burch and sister brand White Space Headshots™ reserves the right to use images for marketing purposes for the legitimate development of the business, unless otherwise agreed with the Client.

Image Processing & Delivery

After completion of a photoshoot, images are selected and edited from a RAW format by Matthew Burch Photography which receive basic editing in line with producing a .jpeg image file. Attention is paid to crop, alignment, colour balance, contrast and some basic skin blemish removal if appropriate. Additional editing required by the Client will be charged at the prevailing editing fee.

Final images are delivered to the Client as high resolution .jpegs usually via Dropbox, Shootproof or if agreed by CD or USB drive.

Rejection

Unless a rejection fee has been agreed in advance, there is no right to reject any photos on the basis of style or composition or expression.

Confidentiality

Matthew Burch Photography will keep confidential and will not disclose to any third parties, excepting individuals in the employ of Matthew Burch (PAYE and/or Freelance Sub-Contractors) or make use of material or information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission

Public Liability Insurance

Matthew Burch maintains £2,000,000 Public Liability Insurance.

Applicable Law

These Terms & Conditions shall be governed by the Laws of England and Wales

Variation

These Terms & Conditions shall not be varied except by agreement in writing. Matthew Burch Photography reserves the right to make changes to these Terms & Conditions without notice.

Matthew Burch Photography
Frensham Studios, Shortfield Common Road, Frensham, Farnham, Surrey, GU10 3BJ
www.matthewburchphotography.co.uk

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