Introduction
This website is operated by Callen Teichmann. Throughout the site, the terms “we”, “us” and “our” refer to Callen Teichmann. Callen Teichmann offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Any new features or tools added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1 – Photography Services
These Terms and Conditions (“Agreement”) govern the provision of photography services (“Services”) by Callen Teichmann (“Photographer”) to the client (“Client”). By booking the Photographer’s Services, the Client agrees to be bound by these Terms and Conditions.
2 – General Conditions
Photography services are provided in accordance with these terms. Any changes to these terms will be communicated and mutually agreed upon. The Photographer operates independently. Third parties may not impose agency fees unless discussed and agreed upon with the Photographer in advance. The Photographer will not be subject to non-compete clauses in any form.
3 – Booking
A booking is considered confirmed upon the Client’s acceptance of the Photographer’s quote and payment of the non-refundable booking fee (as specified in the quote) unless otherwise agreed upon. The booking fee secures the Photographer’s availability for the agreed-upon date and time. The Client must provide accurate and complete information regarding the event, including date, time, location, and any specific requirements. In case of rescheduling, the Photographer will make reasonable efforts to accommodate a new date, subject to availability, without additional charges, if the request is made more than 4 weeks before the original session date.
4 – Payment
The total fee for the Services is as specified in the quote provided to the Client. The booking fee is non-refundable and will be deducted from the total fee. The remaining balance is due 30 days after receipt of the invoice or as otherwise specified in the quote. Payment can be made by any payment method provided on the invoice. Late payments may incur a late fee of 2% of the outstanding balance per day. Travel expenses outside will be charged to the client as agreed.
5 – Cancellation and Postponement
Cancellation by the Client:
- 7 days or less before the scheduled event will be charged 100% of the agreed fee.
- 2 weeks or less before the scheduled event will be charged 75% of the agreed fee.
- 4 weeks or less before the scheduled event will be charged 50% of the agreed fee.
- Cancellations made more than 4 weeks before the scheduled event will not incur charges.
Postponement by the Client:
If the Client postpones the event, the Photographer will make reasonable efforts to accommodate the new date, subject to availability. If the Photographer is unavailable on the new date, the cancellation policy will apply.
In the event of cancellation or postponement by the Client, Callen Teichmann must be notified in writing as soon as possible.
Cancellation by the Photographer:
In the unlikely event that the Photographer is unable to fulfil the provision of services due to unforeseen circumstances (e.g., illness, equipment failure), the Photographer will make reasonable efforts to find a replacement photographer. If a replacement photographer cannot be found, the Photographer will refund all payments made by the Client.
6 – Copyright and Image Usage
The Photographer retains all copyright, intellectual property rights and ownership of the images.
The Client is granted a non-exclusive, non-transferable license to use the images for personal, non-commercial purposes, including social media sharing. Commercial use of the images requires a separate agreement and may incur additional fees. The Client may not alter, edit, or manipulate the images without the Photographer’s written permission.
The Client must credit the Photographer when publishing the images on social media or other platforms.
7 – Photographer’s Use of Images
The Photographer reserves the right to use the images for promotional purposes, including but not limited to website display, social media, competitions, exhibitions
and portfolio showcases. The Photographer will not use the images in a defamatory way or harmful to the Client. If the Client objects to the Photographer’s use of the images the Client may be subject to an additional fee for exclusive rights, which must be agreed upon before the event.
8 – Client Responsibilities
The Client:
- is responsible for obtaining any necessary permissions or clearances for the Photographer to photograph at the event location.
- is responsible for ensuring the safety and well-being of the Photographer during the event.
- must provide the Photographer with adequate access to the event and any specific areas required for photography.
- is responsible for informing the Photographer of any specific requirements or requests.
9 – Delivery of Images
The Photographer will deliver the edited images to the Client within an agreed-upon timeline. Typically event timelines are 3 working days (not weekends) after the event date, or as otherwise agreed.
Images will be delivered in an agreed-upon file format via an online gallery unless otherwise specified.
The Photographer will maintain a backup of the images for 3 months after delivery. The Client is responsible for the long-term storage of image files.
10 – Limitations of Liability
The Photographer’s liability for any loss or damage arising from the Services is limited to the total fee paid by the Client.
The Photographer is not liable for any consequential loss or damage, including loss of profits or business interruption.
The Photographer is not responsible for any loss or damage caused by factors beyond their control, including but not limited to, weather conditions, equipment failure, or third-party actions.
The photographer is not liable for missed photographic opportunities due to actions of the client, or their guests.
The Photographer retains the right to delete the original files three months after the delivery of the images. It is the responsibility of the client to ensure the long-term storage of all delivered images. The photographer is not liable for any loss of data after three months.
11 – Force Majeure
Neither party shall be liable for any failure or delay in performing their obligations under this Agreement due to causes beyond their reasonable control, including but not limited to, acts of God, natural disasters, war, or terrorism.
12 – Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom.
13 – Data Protection
The photographer will store client data according to GDPR, or other applicable data protection laws.
14 – Indemnification
You agree to indemnify, defend and hold harmless Callen Teichmann and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
15 – Severability
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
16 – Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
17 – Governing Law
This Agreement shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of laws principles.
18 – Image Selection
The photographer will make the sole decision regarding which images are delivered to the client.
19 – Changes to Terms and Conditions
You can review the most current version of the Terms and Conditions at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
20 – Contact Information
Questions about the Terms and Conditions should be sent to us at hello@callenteichmann.com.