Terms of Service
Terms & Conditions
In the following terms & conditions:
i. “Client/s” means the person/s booking the Event;
ii. “Event” means the photo session;
iii. “Parties” means the Photographer and the Client;
iv. “Photographer” means Matthew Hamilton, also trading as Lantern Photography.
These terms & conditions cannot be varied in any way by the Client unless such conditions are expressly agreed to in writing by the Photographer.
1. The Photographer shall own the copyright of all photos taken during an Event in terms of the Copyright Act, Chapter 415 of the Laws of Malta. In an effort to preserve the quality of the photograph and to keep it as authentic as possible, the delivered photos may not exhibit a visible watermark, however, unless agreed otherwise with the Photographer in writing, distribution of the photos is only permitted if each photograph contains a reference to the Photographer. The Client agrees that they will under no circumstances alter any photographs that are placed in public, physically or online. The client agrees to be responsible for any third party who posts photographs online and agrees that they cannot be cropped (with the exception of the forced cropping for social media houses), altered in colour, or edited in any way. All negatives shall remain the exclusive property of the Photographer.
2. The Client is only obtaining prints for personal use only and shall not sell the said prints or authorize any reproductions thereof by parties other than the Photographer or without the Photographer’s consent. This clause applies to all social media. When published online it is required that citation of photographer be made..
3. Upon confirmation of booking and unless agreed otherwise between the Parties in writing, the Client is automatically consenting to the use of all photos taken during an Event for samples, contests, exhibitions, advertising and self-promotion by the Photographer, including but not limited to printed adverts, digital adverts and social media.
4. The Client agrees that the necessary GDPR consents from third parties featuring in a photo taken at an Event has already been obtained by the Client. The Photographer is not liable for any damages or compensation claims sought by third parties in this regard and the Client assumes full responsibility towards such third parties and to inform the Photographer in advance of the Event should any person present at an Event be withholding GDPR consents. If third parties contact the Photographer requesting that their image be removed from any publication, the Photographer reserves the right to remove such image without seeking the Client’s approval.
5. For Events held in venues where the areas accessible to the Photographer and his movement in such areas are restricted by officials in charge of the venue, the Photographer shall not be held responsible for any obstructed viewpoint should this be the case. During such Events where the area from which the Photographer is able to cover the Event is not chosen by the Photographer, the Photographer shall not be held responsible for the ensuing quality of the photographs.
6. Photographs taken at an Event will be at the discretion of the Photographer and edited at the Photographer’s discretion based on the Photographer’s experience and artistic view, although every effort will be made to comply with the Client’s requirements. The Photographer does not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements.
7. No Deposit is required upon confirmation of an Event, however, a cancellation fee applies as follows:
i. when cancelling between one week to 49 hours prior to the agreed time of the Event: 20% of the total amount due;
ii. between 48 hours to 25 hours prior to the agreed time of the Event: 50% of the total amount due;
iii. less than 24 hours prior to the agreed time of the Event: 80% of the total amount due.
It is the Clients’ responsibility to inform the Photographer in writing about any date or location changes.
8. In the very unlikely event of cancellation by the Photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the Photographer will not be responsible for photographs that are not produced due to technical failure.
9. While the Photographer is committed to deliver the photos to the Client as quickly as possible, it could take up to seven days (excluding Sundays, Public Holidays and any occurrences out of the control of the Photographer) for the final products to be delivered.
10. 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.