These are the terms and conditions that you are agreeing to when you book a photoshoot with me. Please read them carefully to make sure you are happy with everything. Thank you!
A. Session Fees
The session fee covers the time and talent of the photographer, basic retouching and creative editing of images, as determined by the photographer, and images (amount depending on session) to be stored. Shooting overtime will incur an additional fee per 30 minutes.
B. Image Processing
Edits will be made for colour, composition, and style. Client may request further retouching changes for an additional charge.
C. Location Costs & Fees
If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees. The photographer will not guarantee or arrange payment on any location. Creative fee covers travel within 30 minutes of the photographer’s address.
D. Rescheduling
If an illness or situation prevents a photo session from taking place, the client may reschedule their session at least 24 hours prior to their shoot without penalty. Should the client fail to give 24 hours notice, or decide to completely cancel the shoot, half of the session fee is forfeited and will not be refunded. The photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
E. Re-shoots / Refunds
Re-shoots are determined at the discretion of the photographer. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair or weather related issues, or by not following the recommendations of the photographer.
F. Archive
After twelve (12) months, all images will be purged from the photographer’s hard-drive, except as needed for portfolio purposes, to be determined by photographer at photographer’s sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond the photographer’s control.
G. Damage
Photographer is not responsible for the damage of portraits after delivery to the client. Client assumes all responsibility for the safety of all portraits upon receipt.
H. Liability
I hereby release and discharge the photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.
The photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release the photographer from any claims against their person or their business.
I undertake not to Prosecute or to institute proceedings, claims or demands against either the Photographer or his or her agents in respect of any usage of the above-mentioned photographs. I hereby release the photographer named above from all claims and liability relating to images, video or photographs taken of me.
I. The Photographer’s Services
I.1 As required by law, the Photographer will provide the Photographer’s Services with reasonable skill and care, consistent with best practices and standards in the non-commercial photography market.
I.2 When making your Order, you will choose your package and specify the subject matter of the Photo Shoot. You may, no later than forty-eight (48) hours prior to the date of the Photo Shoot, request the Photographer to consider any specific photographs or compositions that you may prefer. There will be an opportunity to discuss your preferences with the Photographer after you place your Order. However, it is strictly within the discretion and judgement of the Photographer as to whether your preferred photographs or compositions may be accommodated. Wherever reasonably possible, and strictly within the discretion of the Photographer, on-site requests for the shoot will accommodated by the Photographer.
I3 Subject to the specification of your chosen Package, and any other preferences you specify (which the On-Site Photographer will use his/her reasonable efforts to accommodate), the Photographer shall use his/her sole artistic and professional judgement when selecting equipment and deciding upon factors such as composition, lighting and photographic style.
I.4. To be clear, the Photographer shall be granted creative and artistic license in relation to the choice of locations and poses used. It shall be within the Photographer’s sole and exclusive discretion and judgement to determine photographic style and the number of photographs taken. Some photographs may not be possible due to changes of the weather and the availability and willingness of subjects. The Photographer will do his/her best to honor requested photographs but shall not under any circumstances warranty or guarantee any specific picture nor incorporate any specific background or location.
I.5. Subject to the nature of the Photo Shoot and to your express requirements, the Photographer will take as many photographs as he/she deems appropriate with a view to providing the best choice when processing and preparing the final photographs to be delivered to you. The number of photographs taken during the Photo Shoot will not affect the Price payable and the final number delivered to you will be determined by your chosen Package.
I.6. Light retouching, including light blemish and stray hair removal, shall be included with the Photographer’s Service.
I.7. The images from your Photo Shoot will be uploaded to an online folder. Please ensure you have an operable e-mail address, which should be provided to the Photographer to enable him/her to send you access.
I.8. You can expect to be able to view proof images from the Photographer within 2 weeks of your Photo Shoot. The Photographer retains the right to edit the photographs and omit any image. The Photographer shall upload the finished photographs to the cloud server no later than one (1) month following the date of the Photo Shoot, in a format determined by your chosen Package. Your license in clause 6 below allows you to download these images. Please note that the Photographer will retain your photos for a maximum period of 21 days. Please also see our Privacy Policy for how we treat your personal data.
J. Copyright and Licence
J.1 The copyright in all photographs taken by the Photographer is, and shall remain, the property of the Photographer. Subject to any written agreement stating otherwise (and the payment of an additional fee), Client shall not own the copyright in the photographs and may use them only in accordance with this Clause J.
J.2 The Licence shall become effective upon the delivery of the photographs to Client using the means stated in clauses I.7 and I.8 above and, subject to the provisions of Clause J.6, shall continue for the duration of copyright protection (which shall be the life of the Photographer plus 70 years under Section 12 of the Copyright Designs and Patents Act 1988), after which the photographs will enter the public domain and will no longer be protected by copyright.
J.3 Client shall have the right to use the photographs only for personal purposes. Commercial use of any kind is prohibited without the Photographer’s prior written agreement. Client understands that when publishing photos on websites, i.e. personal website, Facebook, etc., client will not artistically edit the photos in any way, i.e. filters. However, client is permitted to subtly crop photos if required for specific digital platforms.
J.4 Client may not sub-licence the photographs without the Photographer’s prior written consent.
J.5 Unless Client expressly requests otherwise, the Photographer reserves the right to use the photographs in any exhibitions, galleries, advertising or promotional material without any payment to Client, provided such material is only related to the Photographer or his/her services.
J.6 The Licence granted by the Photographer to you may be revoked if you breach any of its terms.
J.7 It is illegal to copy, scan, download, print, share, or otherwise steal any image created by the Photographer during the client’s photo session. This applies to “sneak peek” images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. If the client steals images via any method listed above, or any other method, client will be invoiced for the cost of EACH digital image client has stolen, at photographer’s current price per digital file.
K. Your Personal Information
K.1 All personal information that the Photographer may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 2018 and your rights under that Act.
K.2 The Photographer may use your personal information to:
K.2.1. provide the Photographer’s Services to you;
K.2.2. process your payment for the Photographer’s Services;
K.2.3. inform you of new products and services available from him/her. You may request that the Photographer stops sending you this information at any time;
K.2.4. the Photographer will not pass on your personal information to any third parties [without first obtaining your express permission].
K.3. Should you wish to see a copy of the information we hold about you or have your details removed from our database, please advise us in writing.
L. Entire Agreement
These Terms contain the entire agreement between the Photographer and Client and supersede all prior agreements between the parties. The Terms may be changed from time-to-time by the Photographer, so please check back here regularly for updates.
