Terms and Conditions
These Terms and conditions govern your use of this website, the-artist.co.uk, and the photographic services of Russell Clark and your relationship with Russell Clark and any employee, thereof.
Please read these terms carefully as they affect your rights and liabilities under the law.
If you do not agree to these Terms, please do not use the website or purchase any of our products or services.
Please also see our privacy policy for information about how we collect and use your personal data.
Introduction
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Russell Clark (Photographer), the owner, and operator of this Website.
Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website and or being aware of these terms and condition. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (A) employed by Russell Clark and acting in the course of their employment or (B) engaged as a consultant or otherwise providing services to Russell Clark and accessing the Website in connection with the provision of such services. The Client mean any third party that employs the services and/or purchases services or products from Russell Clark.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Intellectual property and acceptable use
All Content included on this Website is the property of Russell Clark. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software, and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users.
By continuing to use the Website you acknowledge that such content is protected by copyright, trademarks, database rights, and other intellectual property rights.
PHOTOGRAPHY SERVICES
Colour Matching
The photographer will endeavour to provide images that reflect the colours seen on the day as close as possible however it is sometimes impossible to record the exact colour as seen by the human eye.
1.0 Artistic License
The Client acknowledges that Russell Clark (The Photographer) requires and retains discretion as to how his services are to be provided (e.g. choice of poses, lighting, lenses, etc.); that the Client is familiar with the Photographer’s portfolio and is requesting services with knowledge of the photographer’s style; that the photographer’s work is constantly evolving; that photographer’s services are of unique and artistic nature; that the images created may be different from images taken by the photographer in the past; and that in creating the images, the photographer shall use his personal artistic judgment to create images consistent with his personal vision of the session, which may be different from the Client's vision of the session. Accordingly, the Client acknowledges that the images shall not be subject to rejection on the basis of taste, aesthetic criteria, or personal appearance.
The photographer shall also strive to accommodate reasonable requests in regard to poses used, locations used and group shots taken, and will work with the client before and during the shoot to ensure agreement is obtained from the client relating to the images chosen for taking to final edit. The photographer shall however be granted artistic license in relation to the poses photographed, the location used and the shots taken, as well as how he edits and produces the image(s).
The Photographer's judgment regarding the location/poses/groups and number of photographs taken shall be deemed correct. Due to the changeable weather and the willingness of subjects it may not be possible to capture all the photographs requested outside of the studio, if this is the requirement of the client.
The photographer will use his professional judgement to assess the images he has taken / edited and will not release any images that he deems to be substandard.
2.0 Copyright
You, the Client give the Photographer and all licensees and assignees the absolute right to copyright and use the photograph(s) taken at your session shoot and any other reproduction or adaptations thereof, in whole or in part, alone or in composite or altered form, or in conjunction with any wording or other photographs or drawings, for advertising, publicity, editorial or any other purpose including use on the Internet and World Wide Web or transmission by any other electronic means.
You, the Client understand that you DO NOT own the copyright in the photograph(s) and waive any right to inspect or approve the finished use of the photograph(s) and that the copyright of the photograph(s) as per the United Kingdom Copyright Act 1988.
You, the Client, hereby release and discharge the Photographer and all licensees and assignees from any liability whatsoever, by reason of any distortion or alteration or use in composite or other form, whether intentional or not, which may occur in the making or use of the photograph(s). That being said the photographer will not distort, manipulate or alter any image taken by him that may discredit or embarrass the client in anyway.
3.0 License to Reprint & Redistribute
The Photographer, reserves the sole right of reproduction.
Reprint or other reproduction, by any person other than the photographer, including those made in electronic form is expressly forbidden as per the United Kingdom Copyright Act 1988.
4.0 Digital Images
Permission is NOT granted to the Client to print or reproduce images provided to them digitally or in printed form. Images are for the client’s sole use and for their sole enjoyment and not for financial gain or promotion of any business, unless specifically agreed in writing, between the client and photographer.
The Client, accepts that the images sent to them by the photographer, in digital form, may bear the copyright symbol of the photographer (RUSSELL CLARK). In that case the client agrees not to remove, alter, disguise or crop out the copyright symbol. However, printed images which are paid for by the client will not bear the copyright symbol.
The client also understands that anyone, other than the photographer, does not have permission to download or screen-shot, from any source of media, any images taken by the photographer without prior written authorisation.
The client understands that the images that authorisation is granted to use will be those that are sent to the client directly by the photographer via electronic means (e.g. Messenger, email etc) and that the client agrees not to alter/manipulate the images in any way, thus changing their original colour/format/look.
The client understands that the images sent to him/her will be 72dpi jpeg files and not suitable for printing and also understands that he/she and anyone else does not have permission to print the images. Under no circumstances will RAW files be given to the client.
The Client also understands that he/she has the responsibility to police any images that are produced by the photographer, that they post on social media and the client agrees not to allow the images to be downloaded, altered, manipulated or changed in any way by a third party. The client accepts responsibility to take every precaution to prevent theft and re-posting of the images they use on social media.
The client, understands and agrees to pay a fee of £50 per image, within seven days of any such violation of this agreement.
5.0 Booking
You, the client, will agree with the photographer a time, date and the location of the shoot, as well as the duration of the shoot, prior booking. Changes to the agreement should be made by the client or photographer at least 24 hours before the initial agreement and confirmation should be given by either party in acknowledgement of receiving the notification. Changes, by the client, should be sent via email to info@studio97.co.uk, giving alternative times, dates etc. Changes made by the photographer, due to unforeseen circumstances, will be communicated via the email address provided by the client and backed up with either a phone call or message via social media. Any changes made to the initial agreement must be agreed upon by both parties and confirmed via email.
6.0 Communication
Both you, the client, and the photographer agree to adhere to professional communication etiquette. Failure to communicate efficiently, accurately and in a timely manner may cause confusion, misunderstanding and a breakdown in communication and relationship.
7.0 Payment
On agreeing the location of the shoot, the time, date and duration of the shoot, the client agrees to pay a deposit of £50 to confirm the booking. The client accepts that the booking fee is non-refundable and will be payment for the services the photographer carries out in preparation for the shoot.
The client agrees to pay the remainder of the agreed fee before the shoot commences and in any event, at the latest, on the day of the shoot.
Payment can be made, by the client, in full at the time of booking, if this is preferred.
The client will be sent an invoice, from the photographer, within 24 hours after payment has been received.
8.0 Changes to the Terms and Conditions
If you, the client, wish for changes to be made to the Terms and Conditions, as set out above, you should communicate them to the photographer prior to booking a shoot. If new Terms and Conditions are to be drawn up, they must be agreed upon by both client and photographer and a new version of the Terms and Conditions should then be provided by the photographer and sent to the client for approval.
The photographer reserves the right to change the Terms and Conditions at any time but the Terms and Conditions at the time of booking will apply if changes are made after.
For a copy of the Terms and Conditions, at the time of booking, the client should email russell@the-artist.co.uk
9.0 Additional Services
I, the photographer, will use my skills, knowledge and photographic equipment to produce images that will be of sufficient quality (300dpi) and size for printing, up to sizes of 20" x 16", even if prints are not requested by the client at the time of the shoot.
I, the photographer, have the sole right to print and will provide a print service, using a professional print lab of my choice, to you, the client.
Prior to sending images to a print lab I will use hardware and software calibration equipment to ensure that the colours of the images are accurately represented in the final print.
You, the client, and any third party, with the permission of the client may order prints from the photographer.
Images from the shoot will be stored and backed up to an external source for a maximum of 365 days after the shoot, for the convenience of the client, should additional images and/or prints be required within this period.
You, the client, understand and agree that permission to alter/manipulate, scan, copy or reproduce any printed images, produced by the photographer, in any way, thus changing their original colour/format/look and the material on which they are originally printed, is not granted without prior express permission from the photographer.
10.0 Your Agreement
By paying a fee for the services and/or products you, the client, acknowledge that you have read and agree to these Terms and Conditions.
Terms and conditions updated 24/07/2023