Terms and Conditions:

Definitions

“The Fine Portrait Company” refers to David Thompson, photographer, trading as The Fine Portrait Company. “The client” means any person, body of persons, Publication, Agency or Company with whom The Fine Portrait Company enters into a contract, verbal or written, for the sale of goods or provision of services by The Fine Portrait Company. “Portrait session” refers to the service in which the client has their photograph taken by The Fine Portrait Company. “Portrait” refers to the photographs taken in the portrait session by The Fine Portrait Company as outlined below.

Acceptance of Terms and Conditions

All contracts and transactions between The Fine Portrait Company and the Client whether made orally, electronically or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between The Fine Portrait Company and all or any of its Clients. Terms and conditions will be effective as of booking and carried out from the start of each portrait session.

Services

Services and goods consist of photography portraits carried out by the photographer David Thompson, working under the name of The Fine Portrait Company, with the outcome of the work from each photography session being digital files which upon payment, will be transferred to clients through electronic transfer services. Further outcome of the work also includes additional prints purchased by the client directly with The Fine Portrait Company, or through it’s third party suppliers.

Copyright, Usage, Ownership & Licence

Photographs are the exclusive property of David Thompson trading as The Fine Portrait Company The entire copyright and all similar rights throughout the world in all the Material and ownership of all physical materials created by or for the Photographer shall vest in and be retained by the Photographer at all times. The copyright of all photographs taken by The Fine Portrait Company is retained by The Fine Portrait Company and cannot be used by a third-party organisation unless pre-agreed with The Fine Portrait Company. No use may be made of the images until payment is made in full; thereafter payment the license terms default to the terms outlined in the individual client's invoice. Rights and usage fees vary for each type of booking.

Exclusivity & Privacy

The Fine Portrait Company respects clients need for privacy, and will not share or use the photographs taken in a session in any way without the written permission of the client / portrait subject. The Fine Portrait Company may occasionally request use of images for the purpose of promoting their own work across all of The Fine Portrait Company’s social media channels and website.

Extent of Liability

The Fine Portrait Company shall not be liable to the Client for any loss of profit, loss of contracts, loss of business or revenues, loss of production or for any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of The Fine Portrait Company, it’s employees, agents or sub-contractors or otherwise) which arise out of or in connection with the shoot.

The Fine Portrait Company’s maximum aggregate liability for all losses, damages, costs, claims and expenses however or whenever arising out of or in connection with these Terms shall in any event be limited to the total amount of the fees paid to the The Fine Portrait Company in relation to the relevant Assignment.

Not withstanding the above, nothing in these terms excludes or limits the liability of the The Fine Portrait Company for death or personal injury caused by the Photographer’s negligence or that of it’s employees, agents or sub-contractors, for any fraudulent statement or act or for any matter which it would be illegal to exclude.

The Fine Portrait Company hereby disclaims any warranties, conditions and other terms on or relating to the services hereunder or any parts thereof which might otherwise be implied whether by statute, law, custom, course of dealing or otherwise, including without limitation any warranty, condition, or other terms of merchantability, quality, fitness for purpose or non-infringement to the fullest extent permitted by law.

Client Confidentiality

The Fine Portrait Company will keep confidential and will not disclose to any third parties or make use of material or information communicated to them in confidence for the purposes of the portrait session.

Expenses

Expenses are estimated and agreed at the time of commission and charged accordingly. Where extra expenses or time are incurred by The Fine Portrait Company as a result of alterations to the original brief by the client or otherwise at their request, the client shall give approval to and be liable to pay such extra expenses or fees at The Fine Portrait Company’s normal rate in addition to the expenses agreed or estimated.

Refunds

The utmost care and attention to detail will be taken in the photographing and processing of each portrait session, however, due to the artistic nature of photography, the client has no right to request a refund or refuse agreed payment for their portrait session with The Fine Portrait Company on any subjective, stylistic or aesthetic grounds.

Termination

On-site, the Photographer reserves the right to terminate any photographic session without notice if they deem the client’s behaviour to be disrespectful or unsafe. Heavy rain or other unforeseen circumstances outside the control of The Fine Portrait Company may necessitate the cancellation or re-arrangement of a session.

Cancellation

Notice of at least 3 days must be given in order to receive a 100% refund, or free rescheduling. Notice of cancellation given between 3 days and 24 hours results in a 50% cancellation fee, and cancellations within 24 hours of the appointment incure a full 100% cancellation fee.

Travel Expenses

In any case where travel expenses will be charged, The Fine Portrait Company will notify the client beforehand, and a predicted travel cost will be included in the estimate given.

Examples

All images shown on this website and in any marketing material distributed by The Fine Portrait Company in print or digital form, are for illustrative purposes only. As such these examples are visual suggestions, and do not necessarily represent the exact photographic style of images which will be produced for any commissioned shoot.

Those images shown on this website, which were produced by David Thompson as part of a client commission, are used herein solely for the permitted purpose of his own self promotion as a photographer, and form part of his freely available portfolio of previous photographic work. No third party use of these images is granted or permitted.

Images/Data Supplied in Electronic Format

For all images / data supplied to the Client in electronic format (including but not limited to electronic mail, web based transfer services, and pen drive, etc.), The Fine Portrait Company will endeavour to do everything in its power to ensure that the data sent is not corrupt and is virus-free before despatch but cannot be held responsible for problems arising with third party services.

The Fine Portrait Company cannot be held responsible for any damage, disruption and/or loss of any kind that the said media may cause to the Clients computer or data. The Client agrees to take similar steps to ensure that data sent to The Fine Portrait Company is not corrupt.

Photography of Minors

The Fine Portrait Company only accepts bookings from adults over the age of 18 years. Children will only be photographed with the written permission of, and in the presence of, a parent or legal guardian.

Terms of Sale

Please refer to our separate terms of sale which are available on our order page.

Applicable Law

This agreement shall be governed by the laws of England, Wales, and Scotland.Variation: These Terms and Conditions shall not be varied except by agreement in writing.