Terms and Conditions
Adam Wynne Photography
1. The following words or expressions shall have the meanings stated:
“the Photographer” means Adam Wynne trading as Adam Wynne Photography.
“the Customer” means the person identified as the customer on a Booking Form.
“Booking Form” means a form (whether or not printed on the reverse of these
Terms and Conditions) completed by the Customer by which the Customer instructs
the Photographer to create Material.
“Material” means all photographs, prints, transparencies, images, negatives,
digital scans, digital files, design, artwork, montages, drawings, engravings
and/or any other photographic product or other product comprising or containing
reproduction of any form of photographic material, and which has been created by
“Order” means any request, order, commission or instruction by or on behalf of
the Customer for creation of Material by the Photographer.
“Price” means the price for an Order as set out on a Booking Form.
2. Any work of any description undertaken by the Photographer pursuant to an
Order shall be subject to these Terms and Conditions.
3. Copyright in all Material is retained worldwide by the Photographer at all
times and nothing shall be deemed as a release, transfer, assignment or other
disposal of the Photographer’s rights in the Material, save as:
3.1 specifically set out in these Terms and Condition or
3.2 may otherwise be agreed by the Photographer in writing.
4.1 In consideration of the Price the Photographer will undertake such work as
is necessary to fulfil the requirements of an Order.
4.2 In consideration of the Photographer’s agreement in paragraph 4.1 above the
Customer will pay the Price in accordance with the provisions set out in
paragraph 5 below
4.3 The Customer agrees to meet any expenses incurred by the Photographer in
the course of fulfilling the Order as agreed before hand between the Photographer and the Customer.
5. An Order shall be subject to the following provisions:
5.1 The Photographer shall be entitled to require a deposit payment on account
of the Price in such sum as may be agreed between the Photographer and the
Customer prior to the taking of any steps to create any Material (usually within
6 weeks of the shoot date, usually 20% of the Price)
5.2 In the event of a cancellation of an Order by the Customer, in addition to
any entitlement to claim damages for losses arising from such cancellation the
Photographer shall, in any event, be entitled to retain the deposit paid and/or
5.3 The Photographer shall be entitled to agree to regard any Order that is not
evidenced in writing as invalid.
5.4 The Photographer licences the Customer to utilise the Material produced as a
result of the Customer’s Order to the extent set out in writing between the
Customer and the Photographer. Any breach of such licence shall automatically
revoke such licence without further notification from the Photographer.
5.5 Unless specifically otherwise agreed in writing between the Photographer and
the Customer, the Photographer is entitled to utilise Material ordered by the
Customer for the advertising, marketing and promotion of the Photographer’s
5.6 The Photographer shall be entitled to sub-contract his obligations under an
Order at his discretion.
5.7 Save as otherwise agreed between the Customer and the Photographer, the
Photographer shall be entitled to use his judgement regarding the style and
artistic input in the production of Material.
5.8 The Photographer shall not be liable to the Customer for any failure, in
whole or in part, to fulfil his obligations under an Order where failure arises
as a result of an event or circumstances beyond his control, which may include
(but are not limited to) equipment failure, inclement weather, illness or
5.85 Payment of 75% of the Price shall be made and cleared funds within 4 weeks
of the expected shoot date of the Order. This 75% is inclusive of the 20%
deposit mentioned in 5.1.
5.9 On completion of the Photographer’s obligations under an Order, the
Photographer shall deliver an invoice for the Price to the Customer and the
Customer shall pay the Price (or any balance of it) within 30 days of the date
of the invoice. Any sum outstanding after the expiry of 30 days shall have the
5.9.1 Interest at a rate of 4% per annum above the base rate of Barclays Bank
plc shall accrue in respect of any outstanding sum.
5.9.2 Any licence granted by the provisions of paragraph 5.4 above shall be
automatically revoked and shall only be capable of reinstatement upon payment of
any outstanding sum plus interest and any other costs incurred by the
6. The contractual relationship between the Photographer and the Customer shall
be governed by the laws of England.
7. An Order, as evidenced by information on the Booking Form and as governed by
and together with these Terms and Conditions shall form the entire agreement
between the Photographer and the Customer, save as otherwise agreed in writing.
Adam Wynne Photography 2008
Copyright © 2008 Adam Wynne All Rights Reserved