In the following terms & conditions “the photographer” shall mean Marlone Rubio trading as Marlone Rubio Photography. “The client(s)” shall be those persons defined on the booking form. These terms and conditions cannot be varied in any way by the client(s) unless such conditions are expressly agreed by the photographer in writing.
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, Designs and Patents 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 in writing.
Website Display & Promotional Usage
The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc.
The photographer will aim to keep these photographs safe from any malicious activity but cannot be held liable or accountable for malicious actions carried out by persons other than Marlone Rubio Photography employees.
The Photographer shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or for any loss to our customers arising from delay in transit. Where work is defective for any reason, including negligence, the photographer's liability (if any) shall be limited to rectifying such defect.
Personal Accident Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
The Photographer shall be granted artistic licence in relation to the poses photographed, the location used and digital retouching. The Photographers’ judgement regarding the locations, poses and number of photographs taken shall be deemed to be correct.
Photographs and Images
All photograph and image sizes are nominal. The Photographer will provide a pleasing colour balance but cannot guarantee exact colour matching. In the case of part mono/part colour images, the colours used will be subject to the photographer’s artistic interpretation and will be deemed to be correct. All photographs supplied by Marlone Rubio Photography are produced to the highest standards using the best quality materials and latest processing techniques. However, all photographs will, in time, fade. This is particularly true if they are left in bright sunlight and are not behind glass. Marlone Rubio Photography cannot accept any responsibility for this gradual image deterioration. All pictures purchased are presumed to have been received in good condition unless the Client notifies Marlone Rubio Photography in writing of any discrepancy or error within 14 days of receipt.
Retouching and artist finishing is available as an optional extra and the final output and finish of any image that is re-touched will be at the photographer’s discretion.
Storage of Images Original digital images are kept on an active file for three months, after which time the raw images are stored in a secure location (access to these images is solely limited to the photographer). Raw image files will not be deleted unless expressly requested to do so by the client.
Any complaints should first be raised by the client with the photographer in writing within 21 days from the date of receipt of images.
The Photographer reserves the right to amend these Terms and Conditions without prior notice.