Terms & Conditions
Terms and Definitions
(a) picture includes a photograph, images, transparency, negative, digital scan, design, artwork, painting, collage, montage drawing, engraving or any other item which may be offered for the purposes of reproduction.
(b) reproduction includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means.
(c) “Photographer” (otherwise known as Emily Ray) is the author of the photograph. The website which showcases the photographs of Emily Ray is www.erephotography.com
(d) “Client” means any person, body of persons, firm or company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.
(e) These terms and conditions represent the entirety of the agreement between the Photographer and the Client. Any variation is only applicable when agreed in advance and in writing.
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Acceptance of Terms and Conditions
All contracts and transactions between Photographer and Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between Photographer and all or any of her Clients.
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Copyright and Ownership
In accordance with the Copyright, Designs & Patents Act 1988, the copyright of all pictures created by Photographer is owned by Photographer. Unless Photographer gives written authorisation, Client is forbidden by law to copy any pictures created by Photographer and agrees that all photographic reprints, digital duplications or copies of any type made from pictures created by Photographer shall only be carried out by Photographer. The licence to reproduce such pictures is granted to Client on the understanding that the licence is only granted once all payments are made in full.
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Photographer retains full copyright in all pictures, at all times, throughout the world. Photographer asserts her rights to be identified as the author of all pictures by the words “Photograph(s) by Emily Ray (EHRay Photography)”.
Reproduction rights are strictly limited to the use specified on Photographer's invoice and/or quotation. An agreement must be reached with Photographer before the pictures are used for a different purpose or after the licence to use has expired. The photographer reserves the right to charge an additional fee if the pictures are used for purposes other than what is shown on Photographer’s invoice and/or quotation.
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The license to reproduce requires that Photographer ‘(C) Emily Ray, of EHRay Photography’ will be credited on or in reasonable proximity to all published reproductions of the pictures. Photographer also asserts her statutory and moral right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
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All original negatives, transparencies and digital files created by Photographer remain the property of Photographer.
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All pictures, text and the EHRay Photography logo on this site are the property of Photographer and are protected by the copyright laws of the United Kingdom as well as international copyright laws and treaties.
The pictures on this site are for web browser viewing only and may not be reproduced, copied, stored, downloaded or altered in any way without the explicit written authorisation of Photographer.
The use of any pictures or other materials herein published, in whole or part, for any purpose including copying, reproduction, publication, transmission, manipulation, projection, used as the basis for any other photograph or illustration, or downloading and storing in any way is prohibited, without written permission from Photographer.
Photographer reserves the right in all cases to use the picturess in any manner, at any time and in any part of the world for the purposes of advertising or otherwise promoting her work. Photographer retains the right to make reproductions of pictures created during assignments for marketing, promotional, competition and editorial purposes.
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Booking Policy
A booking is made upon receipt of written confirmation of commission.
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Client may be required to complete a Booking Form (via email, social media messaging or hardcopy) if the details first given and discussed do not seem clear enough. Photographer will send an email or other written reply as confirmation. The booking will then be considered Confirmed.
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Once Client has made a booking for a specific time and date and this date/time has been Confirmed, Photographer will not accept any other work from other clients for those times and dates.
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A booking may also be considered as confirmed once a message to that effect has been received in writing from the client, e.g. on social media and Photographer has confirmed her availability and price. A booking may also be made via an oral agreement and more details will then be exchanged in writing. These terms and conditions are applicable to any booking.
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Representation
Client shall ensure that there is an authorised representative present at the assignment to ensure the correctness of Photographer's interpretation of Client’s brief. In the event of no Client representation, Photographer's interpretation of the brief shall be deemed as correct.
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Rejection
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing. Photographer will use best endeavours to follow any guidelines provided by Client in writing, prior to commencement of the assignment.
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Photographer will deliver what she considers to be the best pictures of the shoot.
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Confidentiality
Photographer acknowledges that in the performances of the services, she may receive information from Client which is designated by Client as confidential. Upon written request from Client, Photographer agrees to keep this information secret and not to disclose such information to other parties except as required by law or as necessary to complete the assignment.
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Charges and Changes to the Shoot
If Photographer provides a quote to Client, the fee will be charged at that agreed rate. Photographer will request a brief at the time of booking, in writing (e.g. by email, social media messaging, etc).
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Photographer reserves the right to make additional charges for fees and expenses should the descriptions or specifications for the shoot differ or change before or during the assignment.
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Where extra expenses or time are incurred by Photographer as a result of alterations to the original brief by Client, Client shall give approval to and be liable to pay such extra expenses or fees at Photographer’s normal rate, in addition to the expenses agreed or estimated.
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If Client changes the length of the job, the fee will increase as per the agreed hourly rate. If Client is delayed or running late and the job runs into extra time again the fee will increase as per the agreed hourly rate. Photographer will make Client aware of timings and should the work run into extra time she will make the client aware of this and the associated costs. There is a mutual understanding between Client and Photographer that punctuality is important and respected by all parties.
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If it becomes apparent when the job starts that it is much bigger or a different job to the agreed brief, it will be made clear to Client that Photographer’s fee may increase. If Photographer is unable to contact Client/payer of invoice at that time then work will stop until contact has been made.
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On the occasion that incorrect information is given by Client regarding a booking (wrong location, wrong time, etc.) or Client fails to arrive at the agreed location/time, the full fee will be charged to Client.
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If, on arrival at a booked job, there is an issue (outside of Client or Photographer’s control) such as bad lighting or restrictions are in use where the shoot is taking place, a fee may be charged to cover Photographer’s time.
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Any road toll charges and parking costs will be billed to Client as Photographer’s expense and will be added onto the invoice.
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Model release and clearances
Photographer accepts no liability for non-supply of pictures for whatever reason relating to model release or clearances. It is Client’s / publisher’s responsibility to ensure that all the necessary clearances have been obtained to allow the pictures to be taken without hindrance or infringements of trademarks, copyrights or personal rights.
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It is Client’s responsibility to gain written parental permission when persons under the age of sixteen years are to be photographed. Permission is also necessary to allow identification and publication of photographs of children. The photographer accepts no liability for non-supply of pictures if parental permission has not been granted.
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Where Client is a parent, permission is understood to have been granted. If a child, who is not Client’s child, is photographed during the shoot and its parent is aware of the photograph being taken and does not object to this, permission is understood to have been granted.
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Cancellation Policy / Overruns
Once a booking is Confirmed, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following:
(i) When Client cancels a confirmed booking within 10 working days of any confirmed date, 25% of the agreed fee will be charged
(ii) When Client cancels a confirmed booking within 5 working days of any confirmed date, 50% of the agreed fee will be charged
(iii) When Client cancels a confirmed booking with 3 working days of any confirmed date, 75% of the agreed fee will be charged
(iv) When Client cancels a confirmed booking within 48 hours or less of any confirmed date, 100% of the agreed fee will be charged
In addition to the cancellation fee, the client will be charged for any expenses already incurred by Photographer.
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When a booking is confirmed, if it is subsequently postponed, Photographer reserves the right to charge a fee for postponement.
For cancellations/postponements due to weather conditions, Photographer reserves the right to charge her full fee and expenses.
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In the event of any cancellation/postponement, Photographer may charge in full for expenses (e.g. including but not limited to; travel arrangements, location/studio fees, hire of specialist equipment, props, model fees etc), that Photographer may have incurred (or committed to) prior to the cancellation/postponement.
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Photographer may make additional charges should an assignment overrun due to circumstances beyond the control of Photographer (e.g. including but not limited to, Client requesting additional pictures over and above Client's original brief).
If Photographer – with the agreement of Client – cancels a shoot due to inclement weather/lighting conditions or any other reason beyond Photographer’s control and Client is unable or unwilling to arrange or agree a suitable new date within either a reasonable and mutually agreed timescale OR 1 calendar month, then Client will be liable to pay 50% of the agreed fee plus any expenses already incurred by Photographer.
For wedding commissions a non-refundable booking fee of 1000 AED is requested upon confirmation of a booking to secure a Client’s chosen date. This will then be deducted from the overall fee for the wedding package.
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Cancellation by Photographer
Photographer will endeavour to put Client in touch with another photographer in the event Photographer is unable to attend on the booked date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding, etc. In the event of such cancellation by Photographer, or in the very unlikely event of total photographic failure, liability shall be limited to a full refund of any fees paid to Photographer by Client at that time.
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Payment Terms
Payment for all products and services provided by Photographer must be made either upon completion of the assignment, or as stated on the Invoice, if applicable.
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Any or all fees or expenses incurred by Photographer in chasing payment of overdue invoices shall be borne by Client.
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Making Payment
Payment in full and in cash straight after the shoot finishes is required.
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If agreed in advance, then payment by bank transfer will be acceptable, within 24 hours of the shoot finishing. Bank details will be provided in writing by Photographer to Client.
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Delivery of Products and Services
The supply of products and services are provided by Photographer on a best endeavours basis. Photographer will not be liable for delays that are beyond her reasonable control. Photographer shall use reasonable endeavours to meet agreed deadlines where applicable. Photographer shall not be liable for any delays in meeting any of her obligations which were due to causes beyond her reasonable control including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit etc.
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Requesting Pictures
Whether you are the subject of commissioned photography or an interested party in pictures shot by Photographer, and you would like to have a selection of pictures from a given photographic shoot supplied to you, the following terms apply:
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An internet link of watermarked, low-resolution pictures will be sent to you upon payment of a non-refundable 100 AED fee. This fee covers the time and effort required to create the link with the pictures. Pictures may not be available before the commissioner of the photography has published the works.
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If, upon receipt of the link of pictures, you decide to order prints or license photography for use on a website, in a magazine, for publication etc., the fee charged for any prints or licensed uses will reflect a deduction of the 100 AED fee already paid for the link.
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Re-ordering delivery of previously commissioned photography
If a commissioning client loses pictures previously shot and supplied to deadline and in accordance to the given brief and licensing agreement entered into, a non-refundable 100 AED fee will be chargeable for the duplication of an internet link of pictures. This is to cover the time and effort it takes to search the library, prepare the digital media and deliver the pictures requested.
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Archiving of Pictures
All final pictures will be stored and archived by Photographer for 6 months. If archived pictures are required after that time or additional storage time is required, an administration fee may be charged. If Photographer loses pictures stored in archive or they are stolen, Photographer is not liable beyond 6 months of storage. Within 6 months, Photographer is liable to the cost of the originals (a return of the original fee).
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Terms
Photographer reserves the right to amend these Terms and Conditions without prior notice.
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Variation
No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
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