TERMS & CONDITIONS FOR THE BOTANICAL BOUQUET FINE ART PRINT
Updated 9th March 2021
In the following terms & conditions the PHOTOGRAPHER shall mean Liz Baker Photography. The CLIENT shall mean those persons to whom the PHOTOGRAPHER is providing the services. These terms and conditions are deemed accepted by the CLIENT upon payment of the invoice.
1. COOPERATION & RESPONSIBILITIES
The CLIENT and the PHOTOGRAPHER agree that good faith cooperation and communication between them is important in obtaining a good result. The CLIENT is responsible for including their name with their bouquet and the PHOTOGRAPHER will not be held accountable for any resulting delay if this is not done. The PHOTOGRAPHER will not be held accountable for failing to photograph particular varieties or layouts if these are not communicated clearly or if the incorrect varieties are sent. The PHOTOGRAPHER does not guarantee to complete the commission if a bouquet arrives in an unuseable condition, or if the bouquet is delivered on a date other than the date agreed with the CLIENT. The PHOTOGRAPHER reserves the right to retain an administration fee when offering a refund in this case. If alternative flowers are sourced on behalf of the CLIENT, the PHOTOGRAPHER will not be held accountable for any variation in size or colour from the original bouquet. If the CLIENT requires their florist to supply extra stems then the CLIENT is responsible for organising this and for paying their florist’s additional costs. The CLIENT is responsible for supplying variety names and understands that the commission cannot be completed without these.
2. COPYRIGHTS
The copyright Designs and Patents Acts assign the copyright of the images to the PHOTOGRAPHER. 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 and Design Act 1988. It is contrary to the Act to copy photographically/electronically or by any other means an image created as part of this contract without the written permission of the PHOTOGRAPHER. The CLIENT hereby allows the PHOTOGRAPHER the irrevocable and unrestricted right to use and publish any images covered by this agreement and to generally promote the business by means of advertising, publicity material, editorial, trade, websites, exhibitions, competitions, magazine articles, and other such media, providing that the images are used lawfully and without damage to the CLIENT.
3. LIMIT OF LIABILITY
In the unlikely event that the PHOTOGRAPHER is unable to complete the commission the PHOTOGRAPHER’s responsibility and liability is limited to the return of all payments received. In the unlikely event that digital files are destroyed for reasons beyond the PHOTOGRAPHER’s control, including but not limited to camera, hard drive, or equipment malfunction, the PHOTOGRAPHER’s liability is limited to the return of all payments received.
4. CAPTURE, DELIVERY & POST-PRODUCTION
The PHOTOGRAPHER shall be granted artistic licence in relation to the layouts photographed and the lighting used. The CLIENT understands and agrees that final post-production, editing effects, and choice of fine art print supplier are left to the discretion of the PHOTOGRAPHER. The CLIENT understands and agrees that no changes can be made to the layout once it has been photographed and the flowers have perished.
5. PAYMENT SCHEDULE & CANCELLATION
Full payment is due on or before the commission is undertaken. If the bouquet arrives in an unuseable condition and the CLIENT wishes to cancel the commission then the CLIENT will be offered a refund less a nominal administration fee in respect of the PHOTOGRAPHER’s time. The cost of any of the PHOTOGRAPHER’s materials charges incurred up to time of cancellation will also be deducted before a refund is issued. The CLIENT may cancel this contract at any time by giving written notice to the PHOTOGRAPHER. The CLIENT understands that the PHOTOGRAPHER will only place print orders once payment has been received in full.
6. GOVERNING LAW
This agreement shall be governed in accordance with the laws of England and Wales.