Terms and conditions

In the following Terms and Conditions:

“The Photographer” is Kim Hardy trading as Kim Hardy or Kim Hardy Photography.
“The Client ” is the person or organisation to whom the invoice is addressed.
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.

These Terms and Conditions shall be governed and construed in accordance with the Laws of England. These Terms and Conditions cannot be varied in any way by the Client unless such conditions are expressly agreed by the Photographer in writing.

COPYRIGHT

The right of the photographer is identified as the creator of this website and has been asserted in accordance with the Copyright, Designs and Patents Act 1988. Any use including, but not limited to, the copying, communication, storage, publication, exhibition, reproduction, alteration or distribution and the selling of any part of this website in any form without prior written consent is forbidden by UK and international copyright law. Any person, company or website found in breach of this will be prosecuted to the full extent of the law.

By booking a photography session with Kim Hardy, you are agreeing to the following usage terms for the images produced:

ACTOR / PERFORMER / MODEL HEADSHOTS

Unless otherwise stated, reproduction rights for actors, performers and model headshots granted by the Photographer to the Client are as follows:

Self-promotional use by agent(s) and actor/model/performer in his/her capacity as an actor/model/performer is permitted. This includes web, print, Spotlight, CCP and other casting directories, agent mail outs, theatre programmes and front of house by employers. Extends to personal social media profiles (including, but not limited to Instagram, Facebook, Twitter, LinkedIn, TikTok, etc). Kim Hardy is to be credited as the originator of the work(s) and all derivative work(s).
Reproduction in print or electronic media for commercial purposes (including, but not limited to biographies, commercial listings, paid-for advertising, press distribution and placements) is strictly prohibited and constitutes a breach in copyright, unless prior written consent is provided and an agreed licence fee is paid to Kim Hardy.

CORPORATE / BUSINESS / PROFESSIONAL / PERSONAL HEADSHOTS

Reproduction rights for corporate, business, professional and personal headshots are to be agreed at the time of booking. This agreement shall be made between the Photographer and the Client according to the Client’s requirements and contingent fees. Upon agreement in writing, the following terms of use may be granted to the Client:

Personal Use only: The right to use the pictures only for self-promotional purposes. This includes personal social media profiles (including, but not limited to Instagram, Facebook, Twitter, LinkedIn, TikTok, etc) and curriculum vitae. Excludes use by employers and third parties in print or electronic media.
Company Internal Use: The right to use the pictures as described above; plus a licence for use only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client’s premises; editorial use in the Client’s intranet site, but not annual reports or any other public document.
Company Public: The right to use the pictures as described above; plus a license for use on Company public websites, public promotional literature, company social media outlets and annual reports.
PR and Press distribution: The right to use the pictures as described above; plus a licence for third parties to reproduce such pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication.
Specified Use Only: The right to use the pictures once only for the purpose as described on the invoice.
Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an editorial context only, unless otherwise agreed with the Client.

PAYMENT

Where the Client is an individual, the full balance is to be paid on the day of the photoshoot, unless otherwise agreed in writing.

DEPOSIT

There is a £30 deposit to be paid by the client when booking in online via the photographer’s booking calendar. This is the client’s security deposit that secures a booking date and time with the photographer. This is also a part payment to the total shoot cost. If the client cannot make the shoot on the allotted date and time the client must notify the photographer in writing 48 hours prior to the shoot otherwise the deposit will be retained. If the client doesn’t show up for the photoshoot then this will be marked as a No Show and the deposit will be retained. If the client misses the appointment by mistake and wants to book back in on another date then it is under the discretion of the photographer to apply the already paid deposit to another date.

RIGHT TO REFUSE SERVICE

The photographer can express his right to refuse service to anyone at any time outside the parameters of discrimination. If the photographer feels unsafe to continue the working relationship he has the right to terminate this at any time. Abusive language or threatening behavior will not be tolerated.

WEBSITE DISPLAY & PROMOTIONAL USAGE

The Client hereby allow(s) the Photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, social media etc. The Photographer will aim to keep these photographs safe from any malicious activity but cannot be held liable or accountable for malicious actions carried out by persons other than Kim Hardy.

LIABILITY

The Photographer shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or for any loss to our customers arising from delay in transit. Where work is defective for any reason, including negligence, the photographer’s liability (if any) shall be limited to rectifying such defect.

In the very unlikely event of total photographic failure, liability shall be limited to a full refund of any fees paid.

Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.

LICENCE

The Photographer shall be granted artistic licence in relation to the poses photographed, the location used and digital retouching. The Photographer’s judgement regarding the locations, poses and number of photographs taken shall be deemed to be correct.

COMPLAINTS/REFUND POLICY

Any complaints should first be raised by the Client with the Photographer in writing within 21 days from the date of the session.

Kim Hardy Photography provide non-tangible irrevocable services, and therefore we cannot issue refunds once work has been completed. You agree to this upon commencement of any service from us.

Kim Hardy Photography will not refund, nor accept the return of/refusal to pay charges for, any technically acceptable photograph supplied either in print or in electronic format.

Should digital files be lost, damaged or destroyed the photographer(s) liability shall be limited to a refund of fees paid, but shall not include a refund for any goods already supplied or capable of supply at a quality deemed acceptable by the photographer. No refund will be due for any digital files lost, damaged, or destroyed after 12 months from the session.

Due to the nature of digital photography and the fact that photographs, once sent, cannot be returned; Kim Hardy Photography has a strict NO REFUNDS POLICY. Once a transaction has been completed (i.e., the buyer selected and paid for the photo and then the photographer sent the buyer the correct photograph) it is then considered non-refundable. If a buyer has selected and purchase an incorrect photo, he/she must notify the photographer, before receiving the “incorrect” photograph.

Refunds will NOT be given due to “not liking a photo”, selecting an incorrect photo after the buyer has already received the photograph, or any other reason. If a mistaken photo is sent to the buyer the photographer will send the correct photo to the buyer free of charge.

What is a “goodwill” refund policy? “Goodwill” means Kim Hardy is happy to offer partial reimbursement or a reshoot on a client by client basis. Kim Hardy is not legally obliged to offer a refund for things like images lost due to technical failure, the client not liking the photos or amount of photographs sent to the client. A “goodwill” gesture is at the discretion of the photographer. If a “gesture of goodwill” is given, no further refund will be given for any subsequent complaints that occur, and no further claim will be considered.

RIGHT TO AMENDMENT

Kim Hardy reserves the right to amend these Terms and Conditions without prior notice.