Terms and Conditions of contract for fine art photography services
In the following terms & conditions “the photographer” shall mean Ewan Mathers trading as ‘Ewan Mathers – Photographer’. “The client(s)” shall be those persons defined as buying images or commissioning work. It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
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 or allow to be copied photographically/electronically or by any other means an image created as part of this contract without the permission of The Photographer in writing. Full copyright statement can be read here.
The Photographer shall be granted artistic licence in relation to all photographs.
Force Majeure or Act of God
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.
Limitation of Liability
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said person’s own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
This agreement shall be governed in accordance with the laws of Scotland. By paying the deposit the Client accepts these terms and conditions.
PHOTOGRAPHER: Ewan Mathers, trading as ‘Ewan Mathers – Photographer’