What are my responsibilities?
You will be responsible for organising a suitable venue and all associated costs. You will need to prepare your horse (and yourself) to appear in the photos as you would want to be seen. You will have to organise additional helpers if required. You know your horse better than me so you have to take responsibility for the health and safety for both you and your horse and any helpers present at all times.
Copywrite & Image Use
a. The entire copyright of the photographs is retained by the photographer at all times throughout the world. The Client must seek permission for third party use beyond reproduction for friends, guests and family.
b. The client is not entitled to save, download or otherwise share digital proofs. Only those images selected, fully retouched and delivered are granted use by the client.
c. Commercial use and sale of images by any means are strictly prohibited unless agreed in writing.
d. The Client hereby allows the photographer to display any images covered by this contract and to generally promote the business by means of advertising, PR, websites, exhibitions, competitions, magazine articles, and other such media, providing that the images are used lawfully and without damage to the client. The photographer may release copyright or reproduction rights of the photographs and/or products for an agreed amount, which may not be passed to any third party whatsoever.
How do the horses react to lighting?
I have found the horses to be remarkably good. I have owned and worked with horses for many years so fully understand how reactive they can be. I take great care in showing the set-up I will be using and getting them used to the lights. Some horses take longer to settle than others but if a horse is really not happy I will stop. We always have other options.
Horse Photography Terms & Conditions
These Terms & Conditions form part of the Agreement between Shiralee Swan trading as Shiralee Swan Photography and the Client. By making a Horse Photography booking the Client must agree to the following Terms & Conditions.
The Photographer and the Clients agree that unless stated otherwise in this document, the Photographer owns any and all copy or reproduction rights. Clients are not permitted to sell the photos or use them for any commercial purposes known as a License to use photographs protected under copyright law.
The Clients agree that the Photographer may use any photograph/image for publicity & advertising purposes to promote Shiralee Swan Photography, this may include publication on the Photographer’s website for example through a Photographer’s Blog or by using the photos to showcase my work.
Unrestricted open access to the client online gallery will be provided by the Photographer unless otherwise specifically requested by the client.
License to use photographs protected under copyright law:
Shiralee Swan, trading as ‘Shiralee Swan Photography’ asserts its rights to be identified the as the copyright owner of the works described in this License Agreement under the 1988 Copyright, Design and Patents Act, 1988. The photographs supplied are protected under the 1988 Copyright, Design and Patents Act, 1988 and the rest of the world.
This License Agreement sets out the terms and conditions under the licensor is permitted to use the photographs supplied under this License Agreement. This agreement may not be varied without the express written permission of Shiralee Swan Photography.
What is not permitted under this license agreement:
Re-selling the files or prints made from those files this includes selling as stock images.
Enter the images into competitions etc.
Sell for commercial gain.
Amend image files in any way including altering embedded file data.
Sale to third parties, distribution to the media including newspapers, magazines, blogs, commercial social media pages and feeds, photographic and digital image libraries, commercial websites or retail outlets.
*Provide sponsors or venues with the images without permission from the Photographer. Sponsors will need to contact the Photographer direct to obtain permission to use any imagery.
It is the Client’s responsibility to ensure that any photographs shared are not misused in any way as described in this license agreement. Usage for other purposes may require a royalty payment being made to Shiralee Swan Photography. Where unauthorised usage has been found to have taken place, the copyright owner reserves the right to charge for any unauthorised use, including any legal costs incurred in recovering any and all monies due.
Payment for Services:
Horse photoshoot date can only be reserved once a deposit has been paid to the photographer by the client. The deposit is currently 50% for all Horse photoshoot packages. Full payment for Equine services must be paid no later than 7 days before the photoshoot. The photographer will not attend a Photo Session where the full balance has not been paid in full at least 7 days in advance of the date. In cases of non- payment, the deposit is non-refundable.
If the Photographer has to cancel this contract for reasons beyond their control (death, injury, sickness etc.) their liability shall be limited to a full refund of all monies paid. In the unlikely event of the photographer not being able to fulfil the Horse photoshoot, photography obligations as set out in this agreement for example death, injury or the unforeseen closure of the business, the photographer will seek an alternative photographer of equal creative style and ability. If a photographer cannot be found or the client would prefer a full refund, then all the monies paid by the client will be returned to them. Should the said Equine Photoshoot date be postponed, then, subject to availability, all money paid may be applied to the new photoshoot date.
The Photographer agrees that every effort will be made to provide high-quality photographic services. In the unlikely event that a catastrophic mechanical failure should occur to the Photographer’s equipment or transport and the Photographer is unable to provide the Clients with the agreed-upon photography services and/or products, the Photographer’s liability shall be limited to a full refund of all monies paid. The Photographer has full Public Liability Insurance and Professional Indemnity Insurance – evidence of cover is available upon request.
Your Equine Photography:
During the photoshoot, the Photographer will capture a selection of candid documentary style as well as setting up a number of posed photographs where required. The Photographer will liaise with the Client prior to the Horse photoshoot to ascertain the style of imagery required.
The photographer will take time to help the horse to become relaxed around the equipment.
In order to achieve the more artistic shots the Clients will need to allocate a certain amount of time for any posed photographs – posed photos will be done with minimal fuss and disruption.
The Photographer's website contains a substantial amount of imagery and information demonstrating what is realistically achievable during the Client's Horse photoshoot. The Photographer will endeavour to capture professional stunning images. As part of the package, the Photographer will crop and colour correct images, editing will incur an additional charge.
Throughout the Horse photoshoot, the Photographer and Clients can work through a variety of different photographic styles, there could be portraits which can be formal or fun and creative as previously discussed.
In all circumstances, the Client is deemed to have obtained full permission for a professional photographer to be on site. If the Client wishes to be photographed at an additional location(s) they will need to seek full permission from the property/landowner if on private land. Any permissions will need to be sent to the Photographer in writing via email at least 14 days before the Equine photoshoot date.
In all circumstances, the Photographer will abide by the wishes of the property/landowner. Please be aware that many locations may appear to be public space, however, they may actually be privately owned and permission for photography may be required.
Friends or family with cameras & phones:
Please note that friends or family with phones/cameras can be a distraction and occasionally affect the quality of the professional imagery by distracting the horse. If the Photographer feels the quality of the work will be affected, they will politely ask the person to refrain from what they are doing whilst they take the picture in a good-humoured and friendly manner.
Creative License & Photo Editing:
The Photographer shall be granted the creative and artistic license in relation to the choice of locations and poses used. Judgement on photographic style shall be deemed correct. The Client acknowledges that they are familiar with The Photographer’s portfolio which can be viewed at www.shiraleeswan.co.uk and are requesting services with knowledge of The Photographer’s style; that The Photographer’s work is constantly evolving; that The Photographer’s services are of unique and artistic nature; that the photos may be different from photographs taken by The Photographer in the past; and that in creating the photos.
The Photographer shall use his personal artistic judgement to create images consistent with his personal vision of the shoot, which vision may be different from the Client’s and the subject’s vision of the event. Accordingly, The Client acknowledges that the photographs shall not be subject to rejection on the basis of taste, composition or aesthetic criteria.
The Photographer will endeavour to take all the photographs agreed.
Due to changes in the weather and the availability and willingness of the horses. The Photographer will do her best to honour requested photographs but cannot undertake to guarantee any specific picture nor incorporate any specific background, location.
The Photographer will provide the images fully edited, ensuring the colour, contrast, saturation, corrections and any filters used are consistently representative of their work.
Before the Client's viewing, all images will be edited. The editing of the images takes the longest amount of time with each photoshoot taking many hours to edit (anything up to 30 hours). An extra charge may be required to cover additional editing work once the finished images have been produced.
Viewing of the final images:
A viewing will normally take place approximately 2-3 weeks after the Horses photoshoot, at an agreed location. During the viewing, the Client can select the image(s) frames and mounts to produce their bespoke Horse portrait designed to fit perfectly with the decor of their home.
©Shiralee Swan Photography 2020