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Guarantee

Overview

At Manticorp, we want you to be 100% satisfied with your result, as such we offer a guarantee that you'll be completely happy with your photos. If you're not happy at the time of receipt, you have up to 28 days to file a complaint with us.

If we cannot work out a solution between us (negotiation) within a 14 day period, then the dispute will enter a process of arbitration where a third party will decide whether the complaint is just. If it is decided Manticorp is at fault, then we will refund your entire fee minus anything spent on non-returnable goods, such as albums, prints, etcetera. This does not include anything spent on rental of equipment or locations such as studios, venues, etcetera, paid for by Manticorp.

Any effect that is out of Manticorp's power to control cannot be blamed for any negative outcome of the photos, for example, rain on an outdoor wedding that has caused the photos to come out worse than expected (unhappy guests don't make for good photos!).

By using the services of Manticorp Photography you agree to the terms contained in this guarantee. Any costs incurred during the arbitration is agreed to be paid by the losing party.

Examples

1) Studio Photography Session

You, "the Client", hire us, "the Photographer", to take some photos of you for your budding modeling career at a popular London photo studio. 2 weeks prior to the shoot, "the Event", you book a studio, "the Location". On the day of The Event, The Client and The Photographer meet up at The Location and have a photo sessions of 4 hours in length with a net result of 400 photos, "the Product", being taken.

After the event, the Client submits The Product to a modeling agency but the photos are rejected.

The Client claims that the reason the Product was rejected was the fault of The Photographer and files a complaint with the Photographer. The process enters a phase of discussion, "The Negotiation". The Photographer offers as compensation to do another session of studio photography for free, but the Client refuses the compensation and wants the money back.

The case is handed to a third party mediator, "The Arbitrator", usually another photographer, unknown to both the Client and the Photographer. The Arbitrator will hear the story from both the point of view of the Client and the Photographer and decide whether the Photographer was at fault or whether the circumstances were out of their control

In this case, the Arbitrator decides that the photos are indeed of a very high quality and that no compensation should be awarded to the Client.

2) Wedding Photography

Using the same terms defined above, the Client hires The Photographer for a full day's wedding photography from 11am to 8pm. On the day of the Event, the Photographer arrives at 12:30pm and misses half of the ceremony.

After the event, the Client submits a complaint to The Photographer claiming that the service was not 100% satisfactory and the Client and the Photographer enter a period of Negotiation.

The Photographer admits fault in this case, and 100% of the fee is returned to The Client.

3) Sports Event Photography

Using the same terms defined above, The Client hires the Photographer to photograph an indoor dance tournament from 9am to 5pm. The Client stipulates that the photos will be used for promotional purposes online. On the day of the event, the Photographer arrives at 8:30am and continues taking photographs until 5pm, however, the Location at which the tournament takes place is very poorly lit, and as such The Product suffers from artifacts caused by having to shoot in low light.

After the Event, the Client submits a complaint that The Products are grainy and are lacking in terms of contrast and colour. The Client and the Photographer enter a period of Negotiation.

The Photographer offers to edit a selection of photographs for the Client to reduce the effects of shooting in low light as much as possible, running noise reduction routines on The Product and editing them to increase contrast and colour saturation. The Client and The Photographer agree that if The Product is fixed by these methods, then the terms of the contract have been fulfilled.

On receipt of the final Product, the Client is still unhappy with the results and the Client and the Photographer enter a period of Arbitration. An Arbitrator is chosen, usually another photographer, to judge whether the quality of the photographs was out of The Photographer's control.

The Arbitrator decides that in no way could the Photographer have taken any better photos than the ones taken, and the case is settled.

Terms of the Guarantee

1. Definitions

"The Photographer" is any person or photographer appointed by Manticorp Photography. "The Client" is any person, body of persons, firm, or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer. "The Event" is the period during which photos are being taken. "The Location" is the location at which The Event takes place. "The Product" is the agreed upon result of the contract, usually photographs but sometimes the result of a studio setup or training course. "The Negotiation" refers to the period after a complaint has been filed during which the Client and Photographer will discuss with the aim of reaching an agreement. "The Arbitrator" is the name of a third party who is called upon to judge in the event that an agreement can't be reached.

2. Acceptance of Terms and Conditions:

a. All contracts and transactions between the Photographer and the Client whether made orally or in writing are subject to the terms contained in this guarantee which shall be deemed to be incorporated into any contract between the Photographer and all or any of its Clients.

3. The Guarantee

a. The Photographer guarantees to carry out its work to the best of its abilities and to abide by any terms entered into between the Client and the Photographer. Before the Event, the Photographer should make clear to the Client any relevant terms and conditions not contained in this contract or in the terms and conditions (found at manticorp.co.uk/terms), either orally or in writing, and the Client should communicate clearly, orally or in writing, what is expected of the Photographer.

b. Should the terms agreed upon by the Photographer and the Client not be completely satisfied, or if there is reason to believe that the Photographer has not fulfilled any claims made, then the Client can file a complaint up to 28 days after the Event and the Photographer and the Client will enter a period of Negotiation.

4. The Negotiation

a. During the period of Negotiation, the Photographer and the Client will attempt to resolve the dispute in a manner that attempts to fulfill the original terms of the contract.

b. Should it not be possible to reach a verdict or if the result of the Negotiation still leaves the Client unsatisfied, the Photographer and the Client will enter a period of Arbitration.

5. The Arbitration

a. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause.

b. The Photographer and the Client will appoint a third party, known as the Arbitrator, to settle the dispute.

c. The Photographer and the Client will both put forward a case to the Arbitrator. A small sample of the Product shall be given to the Arbitrator to be judged.

d. The Arbitrator can request more information from either party, should he not be able to reach a decision based on the information given alone.

e. Any costs incurred during the arbitration process shall be incurred by the losing party.

5.1. Choice of Arbitrator

a. The Arbitrator should have no clear reason to be biased in their role, usually meaning that they will not be affiliated with either party in any way.

b. The Arbitrator should have reasonable knowledge of photography. As such, it is reasonable that another photographer be chosen as arbitrator.

c. Both the Client and the Photographer should agree on the choice of Arbitrator.

d. In the case that more complex requirements are needed that extend upon the issue of quality of the Product, the Arbitration should be handled by a legal professional.

e. The number of arbitrators shall be one.

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