Welcome to My World Photography

Terms and Conditions of Business: My World Photography

By using this website and/or making any purchases, you agree to these terms and conditions, without variation:

1. The following words or expressions shall have the meanings stated:

"the Photographer" means Caroline Cowlishaw trading as My World Photography;

"the Client" means the person identified as the client on a Booking Form and thereby deemed to be acting as principal;

"Booking Form" means a form completed by the Client by which the Client 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 the Photographer;

"Order" means any request, order, commission or instruction by or on behalf of the Client 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 Client shall be liable directly for payment of the Price in accordance with the provisions set out in paragraph 5 below.

5. An Order shall be subject to the following provisions:

5.1 The Photographer shall be entitled to require a deposit payment of up to 50% of the value of the Order on account of the Price in such sum as may be agreed between the Photographer and the Client prior to the taking of any steps to create any Material.

5.2 In the event of a cancellation of an Order by the Client, 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 agreed.

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 licenses the Client to utilise the Material produced as a result of the Client’s Order to the extent set out in writing between the Client and the Photographer. Any breach of such licence shall automatically revoke such licence without further notification from the Photographer.  All materials produced by My World Photography remain the intellectual property and copyright of Caroline Cowlishaw and/or Caroline Cowlishaw trading as My World Photography unless otherwise transferred by agreement between the Client and the Photographer.

5.5 Unless specifically otherwise agreed in writing between the Photographer and the Client, the Photographer is entitled to utilise Material ordered by the Client for the advertising, marketing and promotion of the Photographer’s business, which includes but is not limited to wedding fairs, leaflets, books, booklets and the Photographer’s official website.

5.6 The Photographer shall be entitled to sub-contract her obligations under an Order at her discretion. Reasonable care will be taken in selecting and instructing another contractor however, the Photographer accepts no responsibility for the services provided by such contractor or for any errors or omissions in their work or products.

5.7 Save as otherwise agreed between the Client and the Photographer, the Photographer shall be entitled to use her judgement regarding the style and artistic input in the production of Material.

5.8 The Photographer shall not be liable to the Client for any failure, in whole or in part, to fulfil her obligations under an Order where failure arises as a result of an event or circumstances beyond her control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury.

5.9 While the Photographer has taken reasonable care to correctly identify, caption and orientate the pictures, she does not accept any liability for loss or damage incurred by the Client or any third party caused by any errors or omissions.

5.10 On completion of the Photographer’s obligations under an Order, the Photographer shall deliver an invoice for the Price to the Client and the Client 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 following consequences:

5.10.1 Interest at a rate of 4% per annum above the base rate of the Santander Bank shall accrue in respect of any outstanding sum.

5.10.2 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 Photographer.

5.11 The Client shall provide proper, necessary and timely instructions, authority and information (including the execution of all requisite documents) to enable the Photographer to fulfil lawfully and effectively the requirements of an Order and the Client shall indemnify her accordingly.

5.12 Items are accepted for printing and/or publication or otherwise reproduction on the basis that the Client shall be responsible for ensuring that they are free from defamatory matter and do not infringe copyright or any other third party rights and the Client shall indemnify the Photographer accordingly.

5.13 The Client may not alter or add to or manipulate a picture by means of computer or any other technique or reproduce a picture in whole or in part as an element within, or as a montage with, another picture without the Photographer’s written permission.

6. 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 Client, save as otherwise agreed in writing by both parties, and shall not be used or relied upon by any other third party.

7. The Photographer may use personal information that she holds about the Client to fulfil the requirements of an Order, for credit control and market research purposes and to inform the Client about her services and products. Such personal information will not be shared with other companies or individuals unless they are subcontracted to work for the Client on behalf of the Photographer. The Client has the right, by written request and on payment of a fee, to a copy of any personal data (as defined in the Data Protection Act 1998) which the Photographer holds about such person.

8. The contractual relationship between the Photographer and the Client shall be governed by the laws of England and be subject to the exclusive jurisdiction of the English courts.

copyright: My World Photography 2011