1. It is agreed that the terms set out in these Terms and Conditions is 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.
2. Coverage. The client understands and accepts that the photographic coverage will be as Mark Coventrys' professional expertise determines and that no one photograph will be deemed more important than another.
3. Images. Mark Coventry will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials, especially man-made fibres. It is sometimes impossible to record in a digital image, the exact colour as seen by the human eye.
4. Retouching. Retouching will be discussed at the time of ordering your chosen images, but any digital manipulation and artistic finishing, over and above that discussed, or that Mark Coventry deems necessary in images initially supplied to the client, is available to the client as an optional extra.
5. Copyright and Usage Rights. Copyright of all images taken during the session, that are part of this contract, remains with Mark Coventry unless otherwise agreed in writing, and are protected by the Copyright and Design Act 1988. Mark Coventry gives the client the right to use the images to promote themselves and their business online on their own website, LinkedIn and other social media business pages, and in printed promotional and marketing materials, such as flyers, brochures etc, for their own business. If the client wishes to use the images in National or International advertising campaigns, worldwide book sales, Television advertising, or for any other use which differs from the standard usage rights set out at the beginning of this section, they will need to discuss additional usage fees with Mark Coventry. The resale of images that form part of this contract is prohibited. If a third party is interested in purchasing the images for any use, the client must inform the third party to contact Mark Coventry to discuss usage rights.
6. Digital Files. Digital files remain the property of the Mark Coventry. Any Digital Files supplied to the client will be edited as Mark Coventry intended them to be, and are not to be altered, manipulated, changed, filtered, or re-edited in any way without the prior written consent of Mark Coventry. Fully edited digital files are only delivered once full payment has been received.
7. On Location. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested when on location.
8. 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.
9. Number of Images. Although Mark Coventry will do his best to produce as many images as possible to give a good selection to choose from, there is no guarantee that any particular number of images will be produced.
10. Display. As the copyright owner, Mark Coventry will have the right to use any images taken during the clients Headshot Session, and included in this contract, in his studios, portfolios, literature, exhibitions, website, competitions, social media and advertising.
11. Cancellation. The client may cancel this contract at any time, but in doing so shall forfeit any monies paid. Every effort will be made by Mark Coventry to honour this contract, but the client understands that on occasion it may be impossible for Mark Coventry to attend on the dates specified in this contract due to ill health, or other circumstances beyond his control. Should Mark Coventry have cause to cancel the contract for any reason, the client will receive a full refund of any monies already paid, but in the first instance the client would be offered an alternative date.
12. 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.
13. If you decide to choose me as your photographer, and you book a Headshot session with me, it is your responsibility to let me know about anything you are not happy with during the session, so that we can work on it and fix it before you leave. I want nothing more than for you to be completely satisfied with the results from your session and I will work with you using a variety of coaching techniques to bring out the best in you. I shoot tethered to a computer so you will be able to see how we are doing throughout the session, and I will listen to your comments regarding how you feel about the images we are creating. Once you have chosen your favourite images and have left the session, I can accept no responsibility for how others feel about the images we have selected together, and that we regard as the very best from your session. As stated above, anything that you feel could have been improved upon, should have been discussed during the session.
14. Complaints. Any complaints should be raised by the client with Mark Coventry, in writing, within 28 days of first becoming aware of the matter to be complained of and in any event within 28 days of receipt of the images.
15. Rescheduling. If you need to reschedule your booking you will need to contact Mark Coventry by phone at least 48 hours before your scheduled appointment is due to begin. You can reschedule once with no additional costs, but rescheduling more than once will incur an additional session fee.
16. No Shows. If for any reason you do not attend your booked Headshot Session, and have not informed Mark Coventry that you will be unable to attend, you will forfeit any money already paid and will need to rebook and pay an additional session fee.
17. Threatening Behaviour - Abuse - Harassment. If at any point Mark Coventry is subjected to threatening behaviour, abuse or harassment, the client agrees that Mark Coventry will not be expected to continue to provide any further photographic coverage as outlined in this contract, and there will be no action taken against Mark Coventry with regard to any refund of money to be paid for the photographic coverage not completed. Mark Coventry will notify the client of any threatening behaviour, abuse or harassment as soon as possible after it has occurred and will continue to provide the photographic coverage outlined in this contract if the issue is dealt with and no further threatening behaviour, abuse or harassment takes place. If the issue is not dealt with after the client has been notified, Mark Coventry is within their rights to discontinue providing the photographic coverage outlined in this contract and in extreme cases it is agreed that the local police may be informed of the threatening behaviour, abuse or harassment.