Terms & Conditions

THE SMALL PRINT...

In this Agreement the terms:

Picture includes a photograph, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction.
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.
The Client is the person or organisation to whom the engaged the services of Will Huntington Headshot Photography / Will Marshall (whether or not the Client is acting for a third party).
Will Huntington Headshot Photography is a trading name of Will Marshall.

The entire copyright in the pictures is retained by Will Huntington Headshot Photography / Will Marshall at all times throughout the world.
Will Huntington Headshot Photography / Will Marshall supplies the technical and artistic ability to illustrate an idea photographically and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or on Will Huntington Headshot Photography / Will Marshall’s grant of reproduction rights in respect thereof.
Will Huntington Headshot Photography / Will Marshall asserts both the moral right to be identified as the author of their work and the right to credit is asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

Reproduction:

Reproduction rights are not issued exclusively to the Client, except when specified.
Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights
Any reproduction rights granted are by way of licence and no partial or other assignments of copyright shall be implied.
Will Huntington Headshot Photography / Will Marshall reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.

The following terms are used when describing the reproduction rights granted by Will Huntington Headshot Photography / Will Marshall to the Client:

Headshot usage: self-promotional use by performer/model (or agent, on their behalf) in the capacity as a performer/model including web, print, Spotlight, Mandy and other casting directories, agent mailouts and front of house by employers. Extends to personal social media profiles like LinkedIn/Twitter/Facebook etc… if they support the performance/modelling career. Does not include paid-for advertising, i.e. endorsements. All use is subject to accreditation.
Please note: any editorial placement must be cleared with Will Huntington Headshot Photography / Will Marshall. e.g. If a newspaper or magazine wishes to use an image, they must be directed to Will Huntington Headshot Photography / Will Marshall to arrange a license and fee for usage.

Booking & Cancellation:

Once the Client has made a booking for a specific time and date, a non-refundable deposit of £25 must be paid immediately to secure the session.
Once the deposit has been paid, Will Huntington Headshot Photography / Will Marshall will not accept any other photography work from other clients for those times and dates.
Payment of a deposit is seen as acceptance of the terms and conditions herewith.
This deposit is deductible from the session fee, the balance payable on the day prior to the session before 5pm.
Rearranging more than 72 hours in advance of the session means the deposit transfers to the rearranged date. Rearranging within 72 hours of the session means the deposit is lost and the full session fee is payable on the rearranged shoot day.
Cancellation will result in the booking deposit being forfeited.
A deposit, once paid, is valid for a period of 12 months from first payment, and is thereafter, non-transferable.
Clients can reschedule only once without losing their deposit, if a client needs to reschedule for a second time a new deposit will need to be paid.
Will Huntington Headshot Photography / Will Marshall may show flexibility regarding the booking/cancellation policy in exceptional circumstances. This is not guaranteed.
Will Huntington Headshot Photography / Will Marshall reserves the right to rearrange, cancel or postpone a session. In the event of cancellation, the deposit is fully repayable to the client. In the event of rearrangement/postponement, as a gesture of goodwill, the deposit will be refunded and only the remainder of the balance will be payable prior to the session taking place.
Final payment is non-refundable.

The Client’s right to reproduce a picture arises only when Will Huntington Headshot Photography / Will Marshall has been fully paid. Any reproduction before payment constitutes an infringement of rights and a breach of this Agreement entitling Will Huntington Headshot Photography / Will Marshall to rescind the Agreement and rendering the Client liable for the payment of damages.
The Client shall be entitled to select an agreed number of photos from the session to be retouched and used on the terms agreed in 4.
If payment is not made in accordance with (a) above then Will Huntington Headshot Photography / Will Marshall may rescind this Agreement and recover damages, or, at their option, may exercise his statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998.
Will Huntington Headshot Photography / Will Marshall reserves the right to suspend ongoing services once any payment from a Client becomes overdue, and also reserves the right to inform the reason for this to third parties to whom the suspension of service affects.
As Will Huntington Headshot Photography / Will Marshall is the copyright holder, any un-edited photos from the session, other than small low-quality proofs, will not be released to a client. If a client would like more photos than the agreed amount they can be purchased for an additional fee and will be edited by the company.

On the Client’s death or bankruptcy or (if the Client is a company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, Will Huntington Headshot Photography / Will Marshall may at any time thereafter inspect any records, accounts and books relating to the reproduction of its pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.

Will Huntington Headshot Photography / Will Marshall will provide a contact sheet with proofs to the client for consideration as soon as possible after the shoot date.
Once the client has narrowed down choices, Will Huntington Headshot Photography / Will Marshall will provide small, low-quality proofs in order to assist in choosing final images.
No addition to, deletion from or alteration to or adaptation of a picture may be made without the written permission of Will Huntington Headshot Photography / Will Marshall.
Note that all retouching is done at the discretion of the company and retouch notes provided by the client are not guaranteed.
Unless a rejection fee has been agreed upon in advance, there is no right to reject on the basis of style, composition or editing.

Will Huntington Headshot Photography / Will Marshall takes all reasonable care in the performance of this agreement generally, and shall not be liable for any loss or damage suffered by the Client or by any third party arising from the use or reproduction of any picture or its caption.
The Client agrees to indemnify Will Huntington Headshot Photography / Will Marshall in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by Will Huntington Headshot Photography / Will Marshall.
The client accepts that a new headshot is not a guarantee of future work.

10.

This Agreement shall be subject to and constructed according to English Law and the parties agree to accept the exclusive direction of the Courts of England.
No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.

Will Huntington Headshot Photography / Will Marshall does not offer refunds. In exceptional circumstances, a re-shoot may be offered, which may be shorter than the original session.

PAYMENT:

Payment should normally be made to “Will Marshall” by bank transfer via the details supplied after booking, or by gift card, unless otherwise agreed.

Will Huntington Headshot Photography

www.whheadshots.com

will@whheadshots.com