Definitions

The Terms “Photographer”, “photography team”, “us”, “we”, and “our” refer to Adele Liu Pet Art, 34 New House, 67-68 Hatton Garden, London EC1N 8JY and all agents, employees, or other representatives.

The term “including” means “including, but not limited to.”

The term “session”, “event”, and “photography session” refers to a hired photographic session for the purposes of taking custom photographs for the type of session purchased.

The term "puppy" refers to dog aged 6 months old or younger.

Terms

1. Retainer. The Client shall make a non-refundable retainer equal to 100% of collection fee to the Photographer to perform the services specified herein. Upon payment, Photographer will reserve the time and date agreed upon by both parties. Client agrees that this retainer is earned by the Photographer when paid, and is remitted in consideration of the experience, reputation, and skill of the photographer and is in consideration of the inability of the Photographer to schedule other clients during this reserved time.

2. Payment. Product orders shall be placed within 14 days of gallery delivery, whether via online proofing service or in-person viewing, and payment shall be submitted to Photographer upon placing orders. All sales are final. Prices listed on the site include sales tax, shipping and handling.

3. Cancellation. If Client requests to cancel this agreement or fails to show for the arranged photographic event time all monies, including the non-refundable retainer, shall be forfeited to the Photographer.

4. Arrivals. The Client shall arrive at least fifteen (15) minutes prior to beginning of the agreed upon session start time. This will allow for the pet to become comfortable with the area. If the Client does not arrive on this time schedule, thirty (30) minutes will be deducted from the session time to allow the pet to accommodate to the location and Photographer.

5. Rescheduling. In the event that the Client requests to reschedule a session, the retainer shall be applied to a reschedules session if notice is given at least 14 days prior to the scheduled event. Reschedule must be within the same calendar year. If the Photographer is unable to accommodate the reschedule request, the retainer shall be forfeited.

6. Preparation. All pets shall be groomed at least 1 day prior to the session. If the animal is a bird, the wings must be clipped. All animals should be fed at least 4 hours prior to the session. The Client shall not provide treats unless previously discussed with the Photographer. The Client shall relay any allergies or dietary restrictions to the Photographer at least 5 days prior to the session.

7. Pet History. The Client shall provide Photographer a pet behavioural history, including but not limited to biting, jumping and incidents of aggressive behaviour at least 14 days prior to the session. Failure to provide this pet history shall result in forfeiture of session time and retainer.

8. Subjects. The Client shall maintain control of all subjects, including human beings. It is the responsibility of the Client to ensure the cooperation of additional subjects as to not intrude on the pet’s immediate area. The Client shall cooperate and follow the directions of the Photographer during the course of the session. Failure to cooperate will result in termination of the session and forfeiture of retainer.

9. Release of Liability and Publication. While Photographer will endeavour to ensure a safe and professional Photographic session, some circumstances are outside the control of the Photographer. Client agrees that the Photographer shall be held harmless for any and all injury to client or pet during the course of the photography session and the immediately surrounding events. Further, Client grants to Photographer the absolute and unconditional worldwide right without right to further payment to use, transmit, display, sell, license, and publish photographs of the Client’s pet.

10. Circumstances. If the Photographer is unable to perform the session due to pet’s disposition, condition, or circumstances listed within this contract, the Client shall be allowed to reschedule at Photographer’s discretion. The Photographer shall attempt to resolve any circumstances not to exceed fifteen (15) minutes in length. Rescheduling shall occur within a reasonable time in the same calendar year as the original session.

11. Vaccinations. The Client shall provide appropriate formal documentation of all vaccinations. The pet shall have all current vaccinations at time of the session. Failure to provide documentation or have current vaccinations will result in cancellation of session and forfeiture of any payments made, including the retainer.

12. Accidental Waste. The Client shall make every effort to clean up after the animal for any accidental waste that occurs prior to, during and after the session. Client is responsible for bringing appropriate clean-up materials to the session.

13. Completion Schedule. Prints generally take about 14 working days from time of print order to be processed and delivered to Client. Albums can take several weeks to months to design and produce. Client should place order with enough time to allow for normal delays. Photographer shall not be held responsible for delivery delays.

14. Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the client. The Photographer shall provide a gallery to Client to choose from and the gallery shall include number of files quoted in the session type.

15. Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall make gallery proofs available through an online gallery proofing website or through an in-person ordering session. These proofs shall be available to the Client within 2 weeks of the session. If an online proofing gallery is delivered, it shall remain open for 12 weeks from delivery. If the Client requests to extend the time or reopen the online proofing gallery, a £30 un-archival fee shall apply. All print orders must be placed within 14 calendar days of proof gallery delivery. No prints or negatives will be released until the agreed upon amount is paid in full. All sales are final.

16. Copyright and Reproductions. The Photographer shall retain ownership of the copyright in all images created. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer.

17. Client’s Usage. The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be used in any other manner, including but not limited to, submitting to contests, reproducing for commercial use or authorise any reproductions by parties other than the Photographer. If the Photographer provides a digital file print release, the Client must act in accordance with the release. Client shall not amend the files in any way. Amendments include but are not limited to cropping, reediting, and applying filters.

18. Social Media. The Client may share blog post links and Facebook albums through use of the share functions and dissemination of direct links. Client shall not copy, download, screen shot, or capture the photographs in any other fashion.

19. Failure to Perform. If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the retainer to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited to returning any retainer paid.

20. Substitute Photographer. The Photographer reserves the right to substitute with another photographer. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this agreement. The Photographer warrants the substitute photographer to be of comparable quality and professionalism.

21. Photographer’s Standard Price List. The charges in this agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed. No refunds or credits shall be made retroactively.

22. Travel and Overage Fees. The Client shall pay £0.50 per mile outside service areas of 50 miles from the centre of Horsham. Should the distance to be greater than 80 miles from the centre of Horsham, the Photographer reserves the right to cancel this agreement and liability shall be limited to returning any retainer paid.

23. Permits and Allowed Pets. The CLIENT shall be responsible for obtaining and remitting payment for any shooting licenses needed to be obtained for the session. If the Client’s pet is not allowed within the jurisdictional limits of the session location the Photographer shall reschedule the session location and time to accommodate the Pet.

24. Arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than £250. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.

25. Indemnification. The Photographer shall be held harmless for any and all injury to Client, Client’s pet and Client’s property during the course of the photography session and the immediately surrounding events.

26. Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. The laws of United Kingdom shall govern this Agreement.

27. No Partnership Implied. This Agreement shall not create or be construed to create a partnership, joint venture, association or any type of combination. No party shall have the power or authority to act as the agent of the other or to authorise or incur obligations on behalf of the other or to make on behalf of the other party any promises, warranties or representations. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors, assigns, parents, subsidiaries or related or affiliated companies.

28. Waivers. The waiver of any breach of this Contract shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Contract.

29. Attorney’s Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.

30. Construction. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall no apply in interpreting this Agreement. The language in this Agreement shall to be interpreted as to its fair meaning and not strictly for or against any party.

31. Puppy Session. The puppy shall be 6 months old or younger on the agreed photo session date. The Client shall provide appropriate formal documentation of registration clearly showing owner's name and puppy's date of birth. Failure to provide this documentation will result in cancellation of session and forfeiture of any payments made, including the retainer.