Please read our Photography Terms and Conditions carefully.
1. Deposit / Booking Fee
The Deposit of £100 must be made online via PayPal or via money bank transfer, or by cash.
Upon receipt and acceptance of a signed copy of this Contract and payment of the mentioned Deposit is cleared, MAKSAM Photography will secure the time and date agreed for the function(s) and day(s) mentioned above.
The Deposit is non-refundable or transferable in the event of cancellation by the Client.
The Client shall make the deposit in full to retain the Photographer(s) to perform the services specified herein.
The Deposit is credited to the total amount of the function and or services offered which is non-refundable (except in any situation where the Photographer(s) cancels this Contract or is unable to perform – see also ‘Limitation of Liability’ and ‘Cancellations’, below).
Following payment of the Deposit, the full balance must be paid within 4 weeks after the last function date mentioned above.
Payment for any additional time attended is charged at an hourly rate of £70 per hour.
No photos and or services, additional items will be processed until all due payments have been paid in full. Payment for Additional Hours, Reprints, Story Books, Editing, Canvasses or other Optional Extras is to be made in full.
In the event that the balance is not paid, the Photographer will consider this Contract null and void. The Photographer(s) will no longer be obliged to cover any said event(s) nor deliver any services and or products. There will also be no refunds of any money paid once the Contract is null and void.
The Photographer(s) will document the events in a candid manner and take formal portraits at will and as necessary.
Prior to or during the event, the Client may inform the Photographer(s) of subjects which they would like photographed, the final content of the images produced is at the discretion of the Photographer(s).
The client should appoint an events manager for formal photographs. An appointed events manager will be responsible in bringing this to the attention of the Photographer(s).
The Principal Photographer will be Khalid Malik, if and where he deems appropriate a 2nd Photographer of his choice may be present at the function. The Photographer(s) mentioned will only be taking still Photographs. Any additional services required from the Photographer(s) is chargeable at their discretion.
The Client will ensure priority is given to commissioned Photographer(s) from or as appointed by ‘MAKSAM Photography’ over guests and members of the public who may also be taking photos; and that they do not interfere with the appointed Photographer(s) as commissioned by the client.
All image sizes are nominal. The Photographer will provide a colour balance which he deems appropriate but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres and or anomalous lights. It is sometimes impossible to record on film or digitally the exact colour as seen by the human eye.
Digital proofs will approximately be available within 8 weeks after the date of the function(s).
‘MAKSAM Photography’ will maintain backup copies of the images in their archives for a period of 1 year at which time the client may request all original JPEG files on CD or DVD at an additional cost of £100 including Postage and Packaging.
‘MAKSAM Photography’ is not liable to deliver every image taken at the event. The determination of images delivered to the Client is left to the discretion of the Photographer(s).
There is no minimum or maximum amount of images you will receive.
7. Creative Licence
‘MAKSAM Photography’ shall be granted artistic licence in relation to the poses photographed and the locations used. The style and the number of photographs are also dependent on vagaries of the weather and the availability and willingness of the clients and their guests. The Photographer(s) will make their best effort to honour requested photographs but does not undertake any guarantee for any specific picture nor incorporate any specific background, location or group arrangement.
Retouching or editing; digital manipulation and artist finishing is available to the Client as an Optional Extra. The final post production and editing styles, effects, and overall look of the images are left to the discretion of the Photographer(s).
The number and style of photographs delivered to the client by the Photographer(s) shall be deemed correct.
The Client will not make decisions about which photographs are edited, in what manner or by what means.
Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988. It is contrary to the Act to copy or allow to be copied photographically, electronically or by any other means an image created as part of this contract without the permission of The Photographer(s) or the Clients in writing. Negatives/Digital RAW files remain the sole property of ‘MAKSAM Photography’ only and will not be available for client(s) at any time. All other photographic materials, including but not limited to transparencies, proofs, previews and digital files, shall be the exclusive property of the Client and ‘MAKSAM Photography’ only.
You agree that ‘MAKSAM Photography’ may display and use photographs from this and any other Event for their studio; on any display areas in public or in private; for exhibitions, competitions, advertising and on websites, social media networks and for any other purpose thought to be proper by the Photographer(s) unless expressly denied in writing by the Client.
‘MAKSAM Photography’ and you the client own the Copyright to all images created.
10. Licensed Images
Images supplied by us on a USB/DVD as digital jpeg format will be of sufficient resolution for printing up to sizes of A5 or smaller and of sizes A4/A3 and A2. They are licensed to you the Client for sharing or displaying electronically with Family and Friends and for printing by you the Client as mentioned in this agreement.
11. Third Party Printing
‘MAKSAM Photography’ cannot accept any responsibility or liability for colour balance or quality of any Prints reproduced from the CD/DVD that is supplied to Third Party Printers from High Street or online photo processing shops.
In the unlikely event the principle Photographer is unable to attend your function due to unforeseen circumstances out of his/her control you will be given up to 2 weeks’ notice; we do not guarantee but reserve the right to appoint another Photographer to attend your function on our behalf at short notice to undertake the photography.
13. Travel Subsistence and Expenses
For attendance at venues outside of Greater London or Zone 5 (refer to Transport for London Underground Zones); travel costs beyond this area is chargeable and will need to be paid in advanced by the client before the date of the event or arrange necessary transport for the Photographer(s).
Where the Photographer(s) is required to travel outside the agreed venue(s) this will be chargeable to the client at the Photographer(s) discretion.
Where the function requires an overnight or longer stay, whether in the UK or abroad, hotel and travel expenses is to be fulfilled by the client or the appropriate sums paid in full to the Photographer(s) in advance of the event allowing enough time to book relevant modes of transport and the booking of accommodation.
The Client shall reimburse the Photographer(s) for any additional expenses occurred to the Photographer(s) for which the Client is liable; and for any other adverse costs expected or unexpected as necessary in fulfilling the services mentioned unless otherwise directed by the Client.
14. Limitation of Liability
In the unlikely event the digital files and or equipment are lost, stolen or destroyed or due to a photographic or mechanical failure i.e. images are lost through equipment malfunction, camera damage or otherwise lost, stolen or damaged without fault on the part of the Photographer(s) and or cancellation of this contract by either party or in any other circumstance; the liability of ‘MAKSAM Photography’ or Khalid Malik shall be limited to and not exceed the total value of the Booking Fee. ‘MAKSAM Photography’ or Khalid Malik will not be liable for indirect or any consequential loss.
The Client agrees that this entire event cannot be replicated, re-enacted or repeated for the purpose of a re-shoot, and limits the Photographer’s liability to the amount paid under this Contract.
The Client may cancel this contract at any time by giving written notice to The Photographer(s), but in doing so shall forfeit any monies paid. Cancellation of less than 8 weeks before the event will result in the Client losing their booking fee, deposit or any other monies paid in advance.
All cancellations must be in writing. Functions that are postponed to a later date will retain the fee so as long the Photographer(s) can re-schedule for the new date and time.
‘MAKSAM Photography’ may cancel this Contract prior to the event day by written notice to the Client, and will refund, in full, any monies that the Client has paid to the Photographer(s).
Any complaints should first be raised by the Client with the Photographer(s) in writing within 7 days from the date of receipt of the images. Any complaints made after 7 days from receiving the services from ‘MAKSAM Photography’ will be void. Any complaints received after the 7th day from receipt of the services / products will not be treated as such. ‘MAKSAM Photography’ or our Photographer(s) will not and cannot be responsible of any complaints after the 7 days from receipt has surpassed.
Client shall indemnify and hold harmless ‘MAKSAM Photography’ from any loss, damage or liability resulting from the Client’s violation of the terms of this Agreement or any agreement involving Client and the Photographer(s). Client shall indemnify and hold Photographer(s) harmless from and against any claim made by any other person or entity resulting from the presence and performance of Photographer(s) services under this agreement.
18. Independent Contractor
This Contract is not to be construed as an employment Contract in any way; ‘MAKSAM Photography’ functions as an independent contractor.
‘MAKSAM Photography’ has a no refund policy once the event has been photographed. In an exceptional circumstance the digital files and or equipment are lost, stolen or destroyed or due to a photographic or mechanical failure i.e. images are lost through equipment malfunction, camera damage or otherwise lost, stolen or damaged without fault on the part of the Client and ‘MAKSAM Photography’ and only when no photos have been produced will entitle the Client a full refund.
20. The Contract
This Contract incorporates the entire understanding between the parties: It supersedes all prior and simultaneous Contracts between MAKSAM Photography and the Client. Any modifications of this Contract must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Contract.
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.
It is agreed that the above terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
These Terms and Conditions are governed by the laws of England and Wales.