Terms & Conditions
1. Photoshoot
1.1 We will use all reasonable endeavours to hold the Photoshoot on the Photoshoot Date, at the Photoshoot Location, subject to our cancellation, rescheduling and refund policy set out in section 5 below.
1.2 Due to the nature of the subjects of the photographs we take during your Photoshoot, we cannot guarantee any particular outcomes or guarantee the fulfilment of any specific requests for the Photoshoot. However, we will conduct the Photoshoot using professional skill and care.
1.3 In any event, we will endeavour to accommodate any reasonable requests from you regarding the artistic direction of the Photoshoot, but the Photographer retains absolute discretion as to the nature of the Photographs.
1.4 A parent or guardian must be present at all times if we are photographing children.
1.5 You must not take any photographs during the Photoshoot without first obtaining permission from the Photographer.
2. Gallery
2.1 Following the Photoshoot, we will prepare and make available a selection of Photographs from the Photoshoot. We will present the Gallery to you online. We aim to have your Gallery ready within 14 days of the Photoshoot Date, but during busy periods this timeframe may be extended.
2.2 The number of Photographs in your Gallery will vary from session to session. We will take into consideration your specific requests as regards the contents of the Gallery, but we retain absolute discretion regarding:
(a) which Photographs we include in your Gallery (it is acknowledged that not all Photographs taken during the Photoshoot will be included); and
(b) the application and style of any digital editing to any Photographs.
2.3 Requests you make for specific corrections to images or re-editing of images, may attract additional costs. We will advise you of the costs upon request. Please note that we do not provide raw images.
2.4 Your Gallery will be presented as an online gallery comprising low resolution web-sized watermarked files. Once purchased full resolution jpeg files will be made available to you via download. We will advise you by email when your Gallery is ready for you to view.
2.5 Your Gallery may be subject to password-protection. You are solely responsible for maintaining the confidentiality of any password we provide and you may not disclose your password to any other person. You agree to accept responsibility for all activities that occur through use of your password by a third party.
3. Artwork Products
3.1 We will not submit any Artwork Products for printing unless and until the proofed layout has been approved by you and you have confirmed your options (where available).
3.2 You will be liable for any costs associated with any changes requested after you have approved the proofed layout.
3.3 We will let you know when you place your order when to expect to receive Artwork Products (as applicable). Lead times from receipt of your order and payment typically start at two weeks and up to two months for some Artwork Products.
4. Archiving
4.1 Your Photographs may be destroyed or archived at our discretion after a period of 12 months.
4.2 At your request and subject to payment of any fees we may charge, we may agree to reinstate Your Gallery that has been archived.
4.3 We are unable to reinstate Your Gallery that has been destroyed.
5. Cancellation, rescheduling and refund policy
Cancellation
5.1 Legal right of cooling-off. You have 14 days after the day we accept your booking to cancel the Photoshoot; this is called the cooling-off period. However, once we have completed the Photoshoot you cannot change your mind, even if the cooling-off period is still running.
5.2 We will refund you the Deposit by the method you used for payment within 14 days. We offer additional cancellation rights that apply once the cooling-off period has expired. These are set out below.
5.3 Additional Cancellation Rights. In addition to your legal rights referred to above, you are entitled to a full refund of the Deposit if you cancel your Photoshoot no later than 14 days prior to the Photoshoot Date. Except in exceptional circumstances and in our sole discretion, we are unable to refund the Deposit if you cancel after this date, but you may request that the Photoshoot Date is rescheduled.
5.4 If you wish to cancel the Photoshoot, please contact us using the phone or email.
5.5 We may cancel your Photoshoot for any reason prior to the Photoshoot Date. We will then provide a full refund of the Total Deposit that has been paid, unless we agree a rescheduled Photoshoot Date with you.
Rescheduling
5.6 You should give us at least 14 days notice if you wish to change the Photoshoot Date. Occasionally, we may need to reschedule the Photoshoot Data (for example, weather conditions and events outside our control) and, in such event, we will give you as much notice as possible. It is up to the discretion of the Photographer if an appointment should be rescheduled due to bad weather. We will use reasonable endeavours to reschedule the Photoshoot to a date that suits you, but cannot promise an appropriate date will be available.
5.7 You may reschedule the Photoshoot Date once at no cost to you, after which you must pay a new Deposit each time you wish to further change the Photoshoot Date.
5.8 Rescheduled Photoshoot Dates may not be cancelled.
Defective Items and Returns
5.9 We are under a legal duty to supply Packages and Artwork Products that are in conformity with these Terms and Conditions. You should check your delivered Package and Artwork Products and advise us in writing of any defects or errors as soon as possible. Nothing in these terms will affect your legal rights.
Order Cancellation
5.10 Your Photographs and Artwork Products are personalised for you so you do not have any right to cancel your order and we are unable to refund or offer an exchange if you change your mind. This doesn’t affect your statutory rights.
6. Fees and payment
6.1 If any payment is due prior to the date of the Photoshoot, full payment must be received in order to confirm your booking. The Deposit is only refundable in accordance with our Cancellation, Rescheduling and Refund Policy set out in section 5 above.
6.2 The fee that you pay for your Artwork Products or Package will depend on which Package and Artwork Products you select. Prices for all of our Packages and Artwork Products are set out in our full Price List, which is available on request. Our prices are guaranteed for a period of 90 days from the Photoshoot Date and after that our prices are subject to change on notice.
6.3 No part of your order will be delivered unless and until we receive payment in full of all amounts due.
6.4 Unless otherwise stated, all fees that are quoted to you by us are inclusive of VAT, if applicable.
7. Liability
7.1 We maintain professional indemnity insurance and whilst we make every effort to ensure that your Photoshoot is a safe and enjoyable experience and that you receive a Photographs and Artwork Products you will cherish, occasionally things go wrong. This section outlines our liability to you in those circumstances.
7.2 Our aggregate liability to you due to, under and/or arising out of or in connection with these Terms and Conditions in contract, tort (including negligence), breach of statutory duty or otherwise, will not exceed the Deposit and Package Fee actually paid by you to us in relation to the Photoshoot and your order. We will not be liable to you for:
(a) your loss of profit, loss of anticipated savings, loss of revenue or earnings, or loss of business (in each case, whether direct or indirect); or
(b) any indirect or consequential loss.
8. Intellectual property rights
8.1 We will be the first owner of any copyright in the Photographs, under section 11 of the Copyright, Designs and Patents Act 1988, as the author of the artistic works that are the Photographs. No right, title or interest in the Photographs or any copyright therein is granted to you, except as expressly set out in these Terms and Conditions.
8.2 If you purchase Artwork Products, you will own the Artwork Product, that being the medium on which a Photograph is printed, once you have paid for it in full. Copying, scanning or other reproduction of an Artwork Product is an infringement of our rights and is strictly prohibited.
8.3 If you purchase a Package comprising digital images, you are entitled to create Artwork Products using the digital image for your own personal use and you will own the medium on which the digital image is printed. In all cases, your ownership of the Artwork Product is subject to our ownership of the copyright and other intellectual property rights embodied in the Photographs.
8.4 Without our prior consent, you undertake not to (a) use any Artwork Product or digital images that are provided to you for any commercial purpose, or (b) crop, resize, edit, manipulate or otherwise alter any Artwork Product or digital image provided to you. We may apply anti-copying measures to all Artwork Products that are provided to you in any Package and to any digital images that are displayed on our website or in Your Gallery. You agree not to try to circumvent any such measures.
