Booking: An agreement for SWP to provide a photography service for a client on a specified date.

Client: The person who instructs and is responsible for payment of SWP services.

Copyright: The exclusive and assignable legal right, given to the originator of creative material (images), to print, publish, copy or use in part or full that material to the exclusion of all others unless permission is granted by the originator.

Event: An event organised by the client at which SWP will be in attendance as contracted photographers.

Guest: Any person invited to view sample photographs by a client and therefore implicitly given a permission to order photographs.

SWP: An abbreviation for Steve Wakefield Photography, the trading name of Steven Wakefield.

Third Party: Any other person not defined as the client or a guest.

Unethical: Morally wrong in the opinion of SWP.

Work (and work done): The work carried out in any sense with respect to photographing, preparing for, travelling to any event as a photographer and any other (subsequent or otherwise) work processing, preparing, printing and editing images as required by the client. This includes any work in relation to the preparation of sample images.

By submitting images to SWP for any work, the client confirms they are either the copyright holder or have the copyright holder’s permission to commission the work requested.

Steve Wakefield reserves the right to refuse to provide any services to images whose copyright provenance cannot be established or appears doubtful.

SWP may refuse to undertake any work where the image or the work requested appears to be unethical, illegal or might damage the reputation of Steve Wakefield.

Provisional and Confirmed Bookings.

A client can make a ‘booking’ to photograph an ‘event’. This can be either ‘Provisional’ or ‘Confirmed’. When a client first checks my availability an entry is put in my diary for the date in question. This is provisional. Provisional bookings can be cancelled or moved within the terms below.

NB. If Steve Wakefield receives another request for a date already provisionally booked Steve Wakefield will also accept that booking as provisional and notify the clients concerned there are now several clients wanting the same provisional date. The first client to confirm the booking (with payment of deposit) will get that booking.

Confirming a Booking & Terms.

A booking deposit of 20% of the total fees is payable to confirm the booking. Otherwise the booking is provisional and may be cancelled at any time by either the client or Steve Wakefield. The full balance must be paid in accordance with the invoice terms (specified below) normally 14 days prior to the event. Where balances are not paid within the invoice terms Steve Wakefield reserves the right to cancel the booking at any time (notwithstanding the payment of a booking deposit).

The 20% booking deposit is not refundable upon the client cancelling the booking. It will also not be refunded if the booking is cancelled by Steve Wakefield for breech of the invoice terms. Any additional fees paid (over the 20% booking fee) in accordance with invoice terms are fully refundable upon cancellation of the booking provided written notice of the cancellation is given not less than seven full days before the event. If fewer than seven days notice is given then part or all of the fees paid in accordance with an invoice may be retained to cover cost of purchase of film/consumables for the event or other reasonably incurred expenses.

Photographic Materials & Special Insurance.

In the very unlikely event of photographic material being lost/damaged or destroyed after the booked event has taken place (owing to processing failure or otherwise) then Steve Wakefield’s liability will amount to a part or all of the value of the fees paid with respect to the capture of the lost images. Fees paid with respect to other images that were not lost, or for travel and expenses will not be affected by the lost images. If the client considers that the images, once obtained to be of a higher value than the fees paid or that the loss of the images would incur the client more damages than the value charged by Steve Wakefield then the client is strongly advised to, and is responsible for, arranging the appropriate insurance, prior to the event to cover costs exceeding Steve Wakefield’s liability, which will be not exceed the amount charged to the client by Steve Wakefield.

Invoices Terms & Conditions

Invoices must be paid by the date shown on the invoice, normally 14 days from issue, but this may be varied at the discretion of Steve Wakefield. Unless otherwise arranged (in writing) and where time allows invoices for bookings will be issued 28 days prior to the booked event, meaning payment is required in full 14 days before the booked event.

Unpaid or Overdue Accounts

Payment is due by the time specified in an invoice. Steve Wakefield reserves the right not to carry out work which has not be paid for in accordance with the invoice terms. Bookings cancelled in this way will not be eligible for any refund of deposits paid by the client.

Overdue accounts are subject to interest at the 1% over the Bank of England base rate from the date they become overdue and overdue accounts maybe subject to administrative charges and costs to defray the costs of recovering the amount due. Irrespective of the location of work done, civil claims will be referred to the jurisdiction of the County Courts of England and Wales.

Copyright

Steve Wakefield reserves and retains the Copyright of all images taken or created by Steve Wakefield. This includes images created from images provided by the client for enhancement or restorative work.

This means that no-one can copy the images (or any part of the image) in any way, unless licensed by Steve Wakefield to do so. This includes photocopying, scanning, photographing the image or any part of it. This includes uploading an image, taken by Steve Wakefield, to the internets as this creates a copy of the image and is prohibited by the Copyright, unless you have a licence to do so.

Licences

A client may obtain a “licence” that is written permission to copy images for a client’s own use or commercial use. Licences cover specified images in singles or multiples. They specify how you can copy an image. Licences may be obtained from Steve Wakefield and may require the payment of a licence fee.

Breach of intellectual rights will cause a claim for damages that will be referred to the jurisdiction of the Courts of England and Wales irrespective of the location of the breach.

General data

Client details are held on computer. Client data may be held on Steve Wakefield’s website when clients utilise the online shop and ticket enquiries remain on the same site for a period of time. No financial data is held online as we do not currently accept online payments.

All images are held on our internal servers (not online) with the exception of online samples, as described below.

Images where the copyright is owned by Steve Wakefield.

Images remain the property of Steve Wakefield. This policy covers how Steve Wakefield may use, show or display the images.

There are two levels of Privacy applied to images at the discretion of Steve Wakefield. Unless otherwise agreed in writing images will be subject to Normal Privacy. There is also Restricted Privacy.

Using Images in Advertising

There are two main types of advertising for the purposes of this policy. ‘General Advertising’ refers to undirected adverts that are randomly distributed. Examples are TV, newspaper, leaflets etc. An image also may be used as a portfolio example. This is when a prospective client who

wishes to see examples of Steve Wakefield’s work are provided with, or shown, a specific portfolio of examples.

Steve Wakefield;

may destroy or delete any image at any time.

may provide the client with the samples to select photographs and any computer links to web sites containing such samples. The client may circulate these samples to any person (hereafter referred to as a “guest”) they wish. Steve Wakefield will not provide samples to any person who is not the client except at the request of the client;

may display sample pictures on an open website where access to the sample page is mildly restricted by the use of a simple, unencrypted password feature.

may provide samples to a third-party when the third party is the sole subject of the sample image;

may fulfil an order for images to the client and orders from a third-party providing the third-party is either the sole subject of the image ordered or a guest, having been granted access to the samples by a client or the client otherwise sanctions the order;

may use any image in general advertising or as a portfolio example. When used in general advertising the client’s permission will be sought using the contact details held on file. If the client cannot be reasonably contacted or does not reply to the request within 28 days Steve Wakefield reserves the right to use the image in General Advertising. When used as a portfolio example permission is not sought.

This can be applied to a single image or the whole group of images at the discretion of Steve Wakefield. This seeks to restrict the image’s use in advertising and the access to images. Typically Restricted Privacy is used for private portraits and security photography (images of expensive items for insurers) etc.

For images graded as Restricted Steve Wakefield;

may destroy or delete any image at any time;

may provide the client with the samples to select photographs. Samples will be provided separately to any Normal Privacy samples. The client may circulate these samples to whoever they choose. Steve Wakefield will not provide samples to any person who is not the client unless authorised by or at the request of the client, in written form (letter or email from a verified client address);

may display sample pictures on an open website where access to the sample page is mildly restricted by the use of a simple, unencrypted password feature. In certain cases the samples maybe displayed on encrypted webpages or via a higher security link.

may fulfil an order for photographs to the client. Orders made by a third-party or guest of the client will only be fulfilled if the order is sent via the client and countersigned by the client;

may use the image in general advertising or as a portfolio example only with the client’s written permission. If the client’s permission cannot be obtained Steve Wakefield will not use the image in any form of advertising including a portfolio.

In either case additional restrictions/exclusions can be added specific to a particular project. In this case these additions will be agreed in writing.

The client must actually own the copyright of any image submitted to us for printing or editing. If they do not own the copyright, they must provide written proof that they have the copyright holder’s permission.

Steve Wakefield reserves the right to refuse to provide any services for images whose copyright provenance cannot be established, the image or the work requested appears to be unethical, illegal or might damage the reputation of Steve Wakefield.

This refers to images digitally supplied over an electronic medium such as the internet (including email) and images suppled on physical media such as pen drives, memory cards, Cd/DVDs, printed on paper, card or board and film media such as slides and negatives.

When images are supplied on physical media, it is made into a digital copy for Steve Wakefield to work on. In these cases there will be physical media held by Steve Wakefield and a digital copy. The physical media will be normally returned to the client either once the digital copies are made or once the work has been completed. Media will only be returned where either the client pays for return postage or collects the media. Where return postage is not made or the media uncollected, Steve Wakefield reserves the right to destroy the physical media, within 28 days of notifying a Client it is ready to be returned. This will normally involve shredding or deletion as well as the disposal of the physical debris of these processes.

Where media is to be returned by post, the client will pay Steve Wakefield the fee required for an equivalent postage method to the one used by the client to send the physical media. Steve Wakefield will use a courier of his choice. Where there was no method used to send the material in, Steve Wakefield will select an appropriate method based on the value of the physical media and the courier’s insurance provision over speed of delivery. This will only account for the actual cost of the media, not any sentimental value. If the client wants to vary the method of the return postage, they should instruct Steve Wakefield at the time of sending in their media and do so in writing and are liable for the cost of the varied method of return postage.

When images are supplied digitally it is highly recommended they are sent by the approved uploading facility provided by Steve Wakefield rather than by other means. This privacy policy is rigorously applied to the image uploader service but only where possible to other media. It may be possible that images supplied by email, social media etc. may not be ‘weeded’ as effectively and versions of digitally supplied images sent by other means may remain in existence beyond the scope of this privacy policy and potentially on servers outside of Steve Wakefield’s control (email providers or social media servers).

Digitally supplied images will be copied such that there will be an original sent version and a digital copy for Steve Wakefield to work with. In cases where media is sent via the approved upload facility (on Steve Wakefield’s website) the original digital image will be deleted as soon as practicable after the copy is made, normally within 48 hours, thus confining the only copy of the image to the version stored on Steve Wakefield’s internal server. The uploaded images are stored on a very secure, encrypted site, prior to being downloaded to Steve Wakefield’s internal server.

Where photographs are supplied to Steve Wakefield by a client and the copyright is the client’s (e.g. sending in their own images for printing), with respect to those images, (but not images created from those images of which Steve Wakefield will own the copyright);

Steve Wakefield may retain the client’s images for the purposes of general advertising is so far as it is helpful to show examples of “before” and “after”. The images will only be retained and used for this purpose with the permission of the client.

Client images are retained on Steve Wakefield’s servers and will not be uploaded to public servers or websites, except at the request of the client. They only exist for a short time on secure public servers once they are initially uploaded by the client and are deleted once the digital copy is made onto Steve Wakefield’s internal server.

Steve Wakefield’s servers consist of a working area and a backup area. The working area contains images that are currently being worked on while the backup area contains regular encrypted backup copies of all images. The backup files cannot be easily accessed and exist only to protect client’s work from catastrophic loss. Digital copies will exist for a period of time within the backup system until they are eventually weeded. The backup system will not be routinely accessed to recover images normally weeded from the working system.

Client images submitted to Steve Wakefield for “printing only” or for quotations for work to be done, that is subsequently not ordered will be deleted from the working system, typically within a month of the work being completed or a quote being given.

Client images where editing work is performed (anything more than “printing only”) will remain on the working system along with the images that were produced. This will be subject to archiving in accordance with will Steve Wakefield’s “Image Archiving and Backup Policy”.

Once a project is complete and closed, all of the images are retained on the working system pending further requests or orders. This includes images that have been edited or changed and artwork done. The full artwork file is retained such that all of the changes made are recorded and the image can still be worked on if further work is requested or investigate following any complaint. This is held like this at the discretion of Steve Wakefield based on the size of the project, the amount of work done and the likelihood the client will need further work.

At any time after the project is closed it may be archived. At this point, only the key images associated with the project are retained (which may include supplied client images) and they may be compressed to a suitable image-only format, to save storage space. They are then removed from the working server to a separate secure storage server.

This facility exists for cases where clients lose precious images originally supplied by Steve Wakefield, allowing them to be replaced. Both storage servers and our volatile back-up servers are overwritten in the fullness of time and while they have a large capacity (storage capable of several years of retention), eventually archived and backup images are all deleted. Steve Wakefield makes no guarantee to be able to retain any images for any period of time.

At the written request of a client, working server and storage server copies of entire projects can be deleted, but there is no provision available for altering the secure and encrypted volatile or non-volatile backup systems, which cannot be changed and must remain integral for system security.