Before using my retouching / photo editing services, please read my terms and conditions carefully. In the case of any doubt, please contact me for further information.
1) Definitions:
1.1 The term 'Retoucher' refers to trading name of Lizzy Rose Clough Ltd.
1.2 Additionally, the term 'Retoucher' also encompasses photo editing services provided by Lizzy Rose Clough Ltd.
1.3 Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party) or any customer using my retouching services.
2) Client Responsibilities for External Photographers:
2.1 The Client acknowledges that it is responsible for obtaining the necessary usage rights and permissions for the photographs submitted for editing.
2.2 Prior to commencing the project, the Client must inform the Retoucher of any usage licenses agreed upon with the Photographer.
2.3 The Client must inform the Retoucher if there is a need to credit the original photographer or the Client when displaying the images for the Retoucher's portfolio.
2.4 For any stock imagery, all licenses must be informed to the Retoucher to ensure compliance with usage rights.
3) Scope of Work
3.1 The Retoucher will deliver professional retouching services as outlined and agreed upon in the initial brief.
3.2 The Client is responsible for clearly communicating all editing requirements to the Retoucher before the commencement of the project. This encompasses providing any necessary technical specifications for imagery, detailing usage licenses, specifying variations for print or online use, indicating image dimensions and sizes, requesting product copy or text changes, and outlining file format preferences.
3.3 All images will be delivered as flattened PSD files and JPEGs. If the Client prefers to receive images with layers intact, this preference must be communicated to the Retoucher before the project commences.
3.4 Failure to specify such requirements beforehand may result in additional retouching time being quoted.
4) Location of Services:
4.1 The Retoucher operates solely from a home-based studio for the provision of retouching services.
4.2 The Client acknowledge that all retouching work is conducted remotely from the Retoucher's home studio, with no client physically present.
5) Client Confidentiality:
5.1 The Retoucher will maintain confidentiality and will not disclose to any third parties or make use of material or information communicated in confidence for the purposes of this project.
6) Amendments
6.1 1x round of amendments is included in the retouching rate, to be utilised within 10 days of the delivery of the photographs.
6.2 Amendments requested by the Client must not exceed 5% of the total editing time booked for the project. Requests that exceed this limit may require additional charges.
6.3 Any amendments also requested beyond the specified 1x round and 10 day timeframe will require scheduling for a future date. A new quote will be provided for any additional work requested beyond the initial round of amendments.
7) Skin Retouching
7.1 Skin retouching shall be limited to adjustments such as removal of blemishes and temporary imperfections.
7.2 The Retoucher will not alter the fundamental structure or appearance of the face, facial features, or body proportions through retouching.
8) Product Packaging Condition and Retouching:
8.1 Should the packaging condition depicted in the images deviate from the intended state, additional retouching time may be necessary.
8.2 Any additional retouching required due to packaging-related issues will be communicated to the Client, and relevant charges will be invoiced accordingly.
9) Delivery
9.1 Delivery of retouched files may be subject to the availability of the Retoucher unless previously arranged and sufficient notice given.
9.2 While every effort will be made to deliver the retouched files within the agreed-upon timeframe, there may be instances where unforeseen circumstances delay delivery. In such cases, the Client will be promptly notified of any delays and provided with an updated delivery timeline.
10) Indemnity:
10.1 Whilst the Retoucher takes all reasonable care in the performance of this agreement, she shall not be liable for any loss or damage suffered by the Client or by any third party arising from the retouching and photography.
10.2 The Retoucher shall only be responsible for obtaining clearance in respect of third party copyright works, trademarks, designs or other intellectual property if this has been expressly agreed in writing before the shoot.
10.3 In all other cases the Client shall be responsible for obtaining such clearances and will indemnify the Retoucher against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
11) Liability:
11.1 The Retoucher will not be liable to the Client for any loss of profit, loss of contracts, loss of business or revenues, loss of production or for any indirect, special or consequential loss, damage, costs, expenses or other claims that arise out of connection with the retouching and photographs.
12) Payments:
12.1 Terms of payment are 60 days from the date of the invoice unless agreed otherwise.
12.2 If the payment is not paid within 60 days, the Retoucher reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
12.3 For late payments, an additional invoice will be sent.
13) Quotations:
13.1 If the Client's project requirements undergo changes from the original specifications made, the Retoucher reserves the right to revise the original quotation provided. Any additional costs will be discussed with the client.
14) Unforeseen Circumstances
14.1 In the event of unforeseen circumstances related to the Retoucher, the cancellation or delay of the retouching may be necessary.
15) Professional Conduct
15.1 The Retoucher expects all communication to be conducted in a professional and respectful manner.
15.2 Any instances of rude, disrespectful, or abusive language directed towards the Retoucher will not be tolerated and the project will be immediately terminated.
15.3 Payment will still be expected for any work that has been completed.
16) Storage of Imagery:
16.1 The Retoucher will only be responsible for archiving finished projects for up to three months after completion.
16.2 The Client is responsible in ensuring they have the Photograph/s before this time period is up.
17) Applicable Law:
17.1 This agreement shall be governed by the laws of England & Wales and is subject to the exclusive jurisdiction of the English courts, to whom all parties submit.
18) Variation:
These Terms and Conditions shall not be varied except by agreement in writing.