Terms and Conditions

Definitions

In the following terms and conditions, Open Iris Studios shall refer to “Open Iris Studios” or “OSStudios”, “the photographer(s)” shall refer to George Nightingale and Lucy Mitchell trading as Open Iris Studios or any photographer appointed by Open Iris Studios. “Photographer” shall refer to the person or photographer to whom has taken the image.
“The Client(s)” shall refer(s) to any person(s) who has either;
a) signed the terms and conditions document
b) makes use of “OpenIrisStudios.co.uk” or “OSStudios.co.uk”
c) purchases goods or services though “OpenIrisStudios.co.uk” or “OSStudios.co.uk”


Copyright

In accordance with the Copyright, Designs and Patents Act 1988 the copyright of all images and intellectual property is owned by the Open Iris Studios and the photographer who created the work. It is forbidden by law to copy any images or intellectual property created by Open Iris Studios or the photographer(s) without prior permission in writing.
The photographer(s) (and Open Iris Studios) asserts the right to be credited as the author of the work in accordance with sections 77 and 78 of the Copyright, Design and Patents Act 1988.
Any unauthorised reproduction of any photos will constitute as a breach of copyright. Ownership and Storage
All Original Negatives, Digital Files and Intellectual Property shall remain property of the photographer. Open Iris Studios will ensure the images are available digital online for review for up to 12 Months at “OpenIrisStudios.co.uk/Gallery” or “OSStudios.co.uk/csg/”. The Photographer shall ensure that images will remain available for up to 36 months from the date of taking them. After this time Open Iris Studios or the photographer is not obliged to retain the images.

Prices and Terms

The prices on the website or printed material may be out of date. Open Iris Studios reserves the right to amend these prices displayed, at any time, without prior notice.
Quotes for assignments will be agreed before commencing. The quoted price(s) will stand unless changes to the original agreement have been made, in these circumstances the photographer(s) reserve the right to amend the quote to reflect the change in charges incurred by the photographer(s).
All prices are quoted in pound sterling (£).


Payment terms

Payment can be made in either of the following methods;
Cash
PayPal - Payment@OpenIrisStudios.co.uk
Cheque – Payable to the photographer(s) as instructed.

Display

A preview of images taken will be available at “OpenIrisStudios.co.uk/Gallery” or “OSStudios.co.uk/csg” with 5 working days of the event. All these images are subject to copyright and shall remain the property of the photographer(s) at all times. The images will remain on the site for up to 6 months, after which time they mayl be taken down. The customer can request them to be re-uploaded via written communication. Supplied Digital Media.
All images supplied to the client(s) in electronic format (Downloaded from the site, Electronic Mail, USB’s, CD’s ect), Open Iris Studios and the photographer(s) will endeavour to ensure that the data send is virus free and not corrupt before despatch. However neither the Open Iris Studios nor the photographer(s) can be held responsible for the damage, disruption and/or loss of any kind caused to the client(s) digital equipment or data. The client agrees to take similar processes to ensure data sent to the photographers(s) is virus free and/or corrupt.

Delivery and Shortages

The photographer(s) will aim to dispatch any digital media within 5-7 working days of approval and/or recite of full payment as invoiced. Prints and other physical products will be dispatched within 7-14 working days of full payment. All products will be sent in appropriate packaging to prevent damage via appropriate postal services. Open Iris Studios cannot be held responsible for any loss or damage occurred by the courier services during transit.
Open Iris Studios and the photographer(s) cannot be held responsible for delays in delivery caused by measures out their control. This may include but not limited to; postage / courier / lab delay, War / Acts of terrorism, riots, industrial action, adverse weather conditions, Acts of God delay in materials by supplier. In the event where there is a shortage or delay in shipping the client(s) will be notified via email or phone call at the earliest convenient time for the photographer(s).

Fast Track

The photographer(s) reserve the right to make additional charges for should the client(s) require a fast track service. This service is subject to agreement before the assignment. It is subject to availability and cannot always be guaranteed.

Cancellations

Cancellations of an assignment, made 14 days before assignment start date will be issued a full refund minus any deposit paid. Cancellations made with less than 14 day will be expected to pay the full cost of the assignment.
Product based cancellation, must be cancelled within 3 working days of purchase to receive a full refund. After which they must be returned in unopened and a re-saleable condition within 14 days to receive a refund for the cost of the product, the postage will not be refunded and the client(s) must pay for the product to be returned.
Digital Media cancellations can only be made up to 3 working days or until they have been shipped. After this the order cannot be cancelled. All cancellations must be made in writing to Contact@OpenIrisStudios.co.uk.

Returns

Damaged / faulty / mis-manufactured products will be exchanged for a replacement unit when Open Iris Studios receives the request in writing with 30 days of recite. It is possible that the client will be required to produce evidence of the defect. If required Open Iris Studios may require the client(s) to return the defective product via a suitable means of courier to receive the replacement.
Digital Media (such as work downloaded from the site, Electronic Mail, USB’s, CD’s ect) cannot be retuned under any circumstances.

Force Majeure

The Photographer(s) and Open Iris Studios shall not have any liability to the client(s) under this agreement unless if restricted from performing the service because of; photography restrictions in place at the venue of the job, any agreements with other photographers or inhibiting factors such as background or location restrictions and any events which are beyond the photographer(s) control (such as but not limited to; act of God, war civil commotion, accident, breakdown, fire, flood, or default of suppliers or sub-contractors.
In the event of incapacitating illness or injury to the photographer(s), Open Iris Studios shall have the option, (where possible) to supply a replacement photographer or to rearrange a suitable date for the photographer(s) and the client(s). If neither of these can be found a suitable solution a refund of any money paid will be limited to the full cost of the service.

Advertisement and Promotion

Open Iris Studios reserves the right to use all images taken for advertising purposes. This includes but not limited to; website based advertising, online and printed portfolios, prints sales, competitions and brochures. Prints, Print Sales and Reprints
All images will be provided in a Lust finish (a professional matt) unless otherwise specified in writing before. Final print size(s) are appropriate and subject to the photographer(s) discretion. All work must be paid for in full before the images will be dispatched.

Confidentially

When Open Iris Studios or the photographer(s) working for Open Iris Studios receive information deemed to be confidential, the information shall not be passed onto to another person or body unless it is required by law or for the safety of anyone involved.

Liability

Open Iris Studios liability for any breach of this agreement or any representation, act or omission (including negligence) shall be limited to the full charge of the service offered. It shall not be responsible for any special, indirect or pure economic loss, cost, damages, charges or expenses incurred.
This liability shall also apply in the event images are lost due to; equipment malfunction, loss in postal services or otherwise damaged or lost where the photographer(s) is not liable.
These terms and conditions do no limit or excludes our liability for death or personal injury resulting from negligence or any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us.

Complaints

In the unlikely event that the client(s) has a complaint about the photographer(s), service or products all complaints must be received in writing within 7 days (for email) or 14 days (for postal) of the assignment finish or recite of the products to Open Iris Studios.

General

All transactions between the photographer(s) and the client(s) whether made in writing, orally or through use of the website are subject to these terms and conditions.
No variation or agreed termination of this agreement will be valid unless it has been received and noted in writing. Any person(s) who is not a party in this agreement shall have no right under or in connection with it.
Any part of this agreement which is found by a court or other authority of competent jurisdiction, is found to be invalid, illegal or unenforceable; the standing will remain in force.
This agreement and any distribute or claim arising out of, or in connection with its content, shall be governed in accordance with the law of England and Wales.


Version: 1.1
Updates: 22/07/2015