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TERMS AND CONDITIONS
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These Terms and Conditions (“Terms”) govern all photography services provided by Aemilia Cumberland (“Aemilia”) and are incorporated into all agreements unless otherwise stated. By engaging Aemilia’s services, Client agrees to these Terms.

 

Scope of Services:

  • Aemilia will provide professional photography services as specified in the Agreement. Services include shooting, editing, and delivery of high-resolution JPEG images via WeTransfer or the website www.aemilia.co.uk, within seven days of the shoot.

Client Responsibilities:

  • Provide access to the shoot location and necessary permissions.

  • Ensure all participants comply with Aemilia’s instructions.

  • Notify Aemilia of any hazards or restrictions at the location.

Payment Terms:

  • Client shall pay all invoices within 14 days of image delivery.

  • Late payments incur a 5% weekly late fee, and Aemilia may suspend services until payment is received.

Image Delivery:

  • Images are delivered electronically in JPEG format.

  • Client is responsible for downloading and backing up images within 14 days of delivery, after which Aemilia is not liable for data loss.

  • Additional delivery methods (e.g., physical media) may incur fees.

Copyright and Intellectual Property:

  • Aemilia retains full copyright and ownership of all images.

  • Client is granted a non-exclusive, non-transferable license for commercial use, revocable upon breach of this Agreement.

  • Client may not alter, crop, or edit images without Photographer’s written consent.

  • Aemilia may use images for portfolio, marketing, or editorial purposes unless otherwise agreed.

Editing and Artistic Control:

  • Aemilia retains sole discretion over editing, post-production, and artistic decisions.

  • Client-requested edits beyond the agreed scope may incur additional fees.

Cancellations and Rescheduling:

  • Cancellations within 48 hours of the shoot incur a fee 50% of the agreed payment for the shoot.

  • If Aemilia cancels due to unforeseen circumstances (e.g., illness, equipment failure), Client will receive a full refund of any payments or the option to reschedule.

Limitation of Liability:

  • Aemilia’s liability is limited to the amount paid under the Agreement.

  • Aemilia is not liable for indirect, consequential, or incidental damages, including loss of profits or data.

  • Images are provided “as is” without warranty of fitness for a particular purpose.

Force Majeure:

  • Aemilia is not liable for delays or failure to perform due to acts of God, natural disasters, equipment failure, or other events beyond their control.

Client Conduct and Safety:

  • Client shall ensure a safe working environment and compliance with Aemilia’s instructions.

  • Aemilia may terminate the shoot without refund if safety is compromised or if Client/participants engage in harassment, violence, or illegal activity.

Travel and Expenses:

  • Travel, accommodation, or other expenses, if applicable, will be agreed in advanced.

  • Client shall reimburse expenses within 14 days of invoicing.

Privacy and Data Protection:

  • Aemilia will collect and store Client’s contact information (address, email, phone) solely for contract purposes, in compliance with the UK Data Protection Act 2018 and GDPR.

  • Client may request data deletion after contract completion, subject to legal retention requirements.

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  • Client shall indemnify Aemilia against claims arising from Client’s actions, including failure to secure necessary permissions or misuse of images.

  • Aemilia shall indemnify Client against claims arising from Aemilia’s negligence or breach of this Agreement.

Dispute Resolution:

  • Disputes shall first be addressed through good-faith negotiation.

  • If unresolved, disputes shall be submitted to mediation in the UK before litigation.

  • Litigation shall occur in UK courts under UK law.

Entire Agreement:

  • This Agreement, including these Terms, constitutes the entire understanding between the parties and supersedes all prior agreements. Amendments must be in writing and signed by both parties.

Severability:

  • If any provision is found invalid, the remaining provisions remain enforceable.

Governing Law and Jurisdiction:

  • These Terms are governed by the laws of the United Kingdom. Disputes shall be resolved in UK courts.

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