Photo Shoot Terms & Contract
Note – The visitor to the site or the individual (whether representing an organisation or not) who books shall be referred to as the Client.
COVID: Please be aware with the current pandemic, I am following the government guidelines and also asking that my Clients follow and respect any rules or requirements I ask of you. I reserve the right to end a booking early if anyone’s safety is compromised. I ask that if you are ill or showing any symptoms of Covid, you contact me to rearrange your booking or place on hold until you are feeling better. If you plan to bring any members of family (or friends) with you to the shoot, please let me know in advance as this will only be allowed by prior arrangement, providing safety of all can be maintained. I reserve the right to change my Covid policies at any point and this will always be in line with government advice and research. If I am ill or showing any signs of Covid, I will let you know and we can place your booking on hold or rearrange as required. I will also ensure full track & trace guidelines are followed.
1) APPLICABLE LAW
a) The laws of England and Wales shall govern this agreement. These Terms and Conditions shall not be varied except by agreement in writing.
b) In the event of any conflict between these terms and conditions (including those relating to the time of payment) and those issued or submitted by the Client and in the absence of any contrary agreement in writing these Terms and Conditions shall prevail.
a) By booking with me, you enter into a contract and have therefore agreed to abide by the terms and conditions.
b) Deposits taken for all photo shoots are non refundable except in the event that I cancel the booking.
c) Deposits are fully transferrable so in the event that either I or the Client needs to rearrange a booking, this can be done so with no extra charge or can be used towards another service instead.
3 ) IMAGES
All photo shoots include the images taken in a private, online gallery which is password protected. Images are provided watermark free and you are able to download all photos from this album. This is included in the price and, therefore, there is no extra cost for this. There is no obligation to purchase hard copies of images in any format but should you want to do so, I can provide prices and quotes upon enquiry. Whilst I can give approximations of images that you will receive, numbers cannot be guaranteed as it will always depend on the individual shoots.
4) FULFILMENT OF OBLIGATIONS
a) I shall not be liable to the Client for any failure, in whole or in part, to fulfil its obligations where failure arises as a result of an event or circumstances beyond its control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury.
b) The Client understands and accepts that the photographic coverage will be as my professional expertise determines. Special requests are not binding instructions although every effort is made to comply with the Client’s wishes. By booking with me, you have agreed to my approach and my style to be in line with what you are looking for.
c) In the unlikely event of total photographic failure or cancellation of the contract by either party or in any other circumstances the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential losses.
d) If Client is more than 30 minutes late for a session without communication the session is cancelled and no refund will be given on any deposits paid. A full deposit will need to be paid to rebook.
5) CAKE SMASH SESSION AND ALL OTHER FOOD RELATED SHOOTS
a) It is the clients responsibility to inform me of any food allergy or intolerances the client’s baby has prior to ordering the cake (or any other food related shoots). I will not be held liable for any adverse effect or illness the baby may suffer as a result of an allergy if the Client did not inform me. By signing the photo shoot contract you waive all rights to sue me if any illness results due to lack of information given to me by the client.
6) IMAGE PRODUCTION AND HANDLING
a) Unless otherwise agreed between the Client and me, I shall be entitled to use my judgement regarding the style and artistic input in the production of pictures. This includes but is not limited to locations, poses and number of images taken. Due to the vagaries of weather and the willingness of subjects it may not be possible to capture all the pictures requested, or images to the clients full expectations. In the event of unco-operative children at a session of any kind, for any reason, I may not be able to capture any, or all the images the Client may have requested or expected. The Client is responsible for all children at all sessions.
b) I fully edit all images before sending to the Client. Additional edits are carried out at my discretion, and I reserve the right to charge the Client for additional editing to cover time involved. Any additional edit requests MUST be raised within a week of receiving the link to their album. Requests not raised at this stage, cannot be guaranteed to be actioned.
C) All image sizes are nominal. The Photographer/s will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres. It is sometimes impossible to record on film or digitally the exact colour as seen by the human eye.
7) COPYRIGHT & REPRODUCTION
Copyright is provided to clients to save and order their photos in any way they wish.
While I have taken reasonable care to correctly identify, caption and orientate the pictures, I do not accept any liability for loss or damage incurred by the Client or any third party caused by any errors.
A deposit is required upon booking, this is requested at the earliest opportunity. No booking is confirmed until the deposit is received. The remaining balance is due on or before the day of the photo shoot. If a booking is cancelled within 24 hours of a photo shoot, the full balance is due. If you pay the full balance at time of booking, providing you cancel with 24 hours’ notice, the balance above the required deposit will be refunded.
10) COOLING OFF PERIOD
a) There is a 14 day cooling off period where Client may cancel any booking from the day in which the deposit is sent.
b) Because of the bespoke nature of photography, and because the supply of the photographs has been made to the Client’s personal specification, (i.e. image number, print size, frame style, etc.), the Client does not have the right to a cooling off period, refund or exchange on products of any kind if an order has been placed for a hard copy print / image.
c) By placing an order with me, you are committing to buy the ordered products.
11) RETURNS POLICY
As my prices include all your photos, there is no required returns policy as you have received all the photos upon booking and this is what is expected. If you have ordered a product and this comes damaged, a replacement will be arranged and I will ask for the original product to be returned in order for me to enable a replacement.
12) USE OF PICTURES
I retain the right in all cases to use the pictures in any manner at any time throughout the world for the purposes of sales, advertising or promotion, of its work. Please let me know explicitly in writing if you would not like me to use your photos in this regard.
13) IF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE UNDER THE LAW, THE VALIDITY OF THIS AGREEMENT AS A WHOLE SHALL NOT BE AFFECTED, AND THE OTHER PROVISIONS OF THE AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.
I will never share, or allow to be accessed, shared or distributed, any personal or contact information of any client or enquiry obtained by any means. ALL contact information is protected on secure systems and password protected at all times. Full GDPR rules are followed and any data I hold for you will be deleted upon request.
IMAGES ARE KEPT FOR A SIX MONTH PERIOD AT THE DISCRETION OF PHOTOGRAPHY BY HANNAH DOBSON.