Terms and conditions

1. 1. Overview

1.1 The terms and conditions set out in this schedule are the “Terms and Conditions” referred to in the key terms to which this schedule is appended (the “Key Terms”). Any term capitalized in these Terms and Conditions will have the meaning given to that term in the Key Terms unless specifically defined in these Terms and Conditions.

1.2 If there is any inconsistency between the provisions of the Key Terms and these Terms and Conditions, the provisions of the Key Terms will prevail.

2. The Photoshoot

2.1 I 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 8 below.

2.2 Due to the nature of the subjects of the photographs I take during your Photo Shoot (“Photographs”), I cannot guarantee any particular outcomes or guarantee the fulfilment of any specific requests for the Photoshoot. However, I will conduct the Photoshoot using professional skills and care.

2.3 In any event, I 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.

2.4 A parent or guardian must be present at all times if I am photographing children. You must not take any photographs during the Photoshoot without first obtaining permission from the Photographer.

3. How to order packages

3.1 Following your Photoshoot, I will prepare and make available a selection of proofs of the Photographs from your Photo Shoot (“Your Preview Gallery”). At our option, I may present Your Proofs Gallery to you either in person (refer to sections 3.5 and 3.6) or in an online gallery (refer to sections 3.7 to 3.9). In either case, I aim to have Your Proofs Gallery ready within 14 days of the Photoshoot Date, but during busy periods this timeframe may be extended. 

3.2 The number of Photographs in Your Proofs Gallery will vary from session to session. I will take into consideration your specific requests as regards the contents of Your Proofs Gallery, but I retain absolute discretion regarding:

(a) which Photographs I include in Your Preview Gallery (it is acknowledged that not all Photographs taken during the Photoshoot will be included); and

(b) the application of any digital editing to any Photographs. 

3.3 Requests you make for specific corrections to images, or re-editing of images, may attract additional costs. I will advise you of the costs upon request. Please note that I do not provide raw images.

Viewing Your Preview From an Online Gallery

3.4 Your Preview Gallery will be presented as an online gallery comprising only low-resolution web-sized watermarked files. I will advise you by email when your Preview Gallery is ready for you to view. Your Preview Gallery will be available for 7 days from the date of the email. Unless otherwise agreed by the Photographer, you must make your selection of photographs within this availability period. I reserve the right (at our option) to charge a fee for extending the availability of Your Preview Gallery or to delete Your Preview Gallery and all photographs if you do not place an order and pay the Fee due at the time of placing the order during that time. 

3.5 Your Preview Gallery may be subject to password protection. Only you may access Your Preview Gallery. You are solely responsible for maintaining the confidentiality of any password I provide and you may not disclose your password to any other person. You agree to accept responsibility for all activities that occur through the use of your password by a third party. 

3.6 You acknowledge that: (i) your access to and use of Your Preview Gallery may be suspended during any unanticipated or unscheduled downtime or unavailability of any portion or all of my website, including as a result of power outages, system failures or other interruptions; and (ii) I am entitled, without any liability to you, to suspend access to any portion or all of Your Preview Gallery and/or my website at any time (a) for scheduled downtime to permit me to conduct maintenance or make modifications to Your Preview Gallery or my website; (b) in the event of a denial of service attack or other attack on my website and/or my servers or other event that I determine, in our sole discretion, creates a risk to you or any of our other users; or (c) if it is necessary or prudent to do so for legal or regulatory reasons (collectively, "Service Interruptions"). Where practicable, I will endeavour to post updates on my website regarding any Service Interruption and resumption of service following any such suspension, but I am not liable for the manner in which I may do so or if I fail to do so and I shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Interruption.

 4. Delivery

I will let you know when you place your order and when to expect to receive the fully edited digital images you have selected. Lead times from receipt of your order and payment typically start at two weeks for digital images. Any delay in payment of fees payable to me will affect the delivery period. Your digital images will be sent via an online tool which enables me to send files safely and seamlessly. The risk in the digital files will pass to you upon delivery.

5. Archiving 

5.1 Your Photographs may be destroyed or archived at my discretion after the expiration of the applicable ordering period referred to in these Terms and Conditions.

At my request and subject to payment of any fees I may charge, I may agree to reinstate your Proofs Gallery that has been archived or extend the viewing period for Your Proofs Gallery that is still active. I am unable to reinstate a Proofs Gallery that has been destroyed. 

6. Cancellation, RESCHEDULING and refund policy

Cancellation

6.1 Legal right of cooling off. You have 14 days after the day I accept your booking to cancel the Photoshoot; this is called the cooling off period. However, once I have completed the Photo Shoot you cannot change your mind, even if the cooling-off period is still running. If the cooling-off period is still running and you decide to cancel after I have started the Photoshoot, you must pay me for the services provided up until the time you tell us that you have changed your mind. 

Should you cancel within 24hrs before the shoot I will refund you the Total Package Cost by the method you used for payment within 14 days.

6.2 Except in exceptional circumstances and at my sole discretion, I am unable to refund the Package Cost if you cancel after this time, but you may request that the Photoshoot Date is rescheduled. 

6.3 If you wish to cancel the Photoshoot, please contact me using the phone or email details in the Key Terms. 

6.4 I may cancel your Photoshoot for any reason before the Photoshoot Date. I will then provide a full refund of the Total Fees paid unless I agree to a rescheduled Photoshoot Date with you.

6.5 I may terminate your Photoshoot on the Photoshoot Date if I consider there are extenuating circumstances, for example, inappropriate behaviour or a Model is ill. I am not required to reschedule the Photoshoot or refund any of the Total Session Fee to you in these circumstances.

Rescheduling

6.6 You should give me as much notice as possible if you wish to change the Photoshoot date. Occasionally, I may need to reschedule the Photoshoot date (for example, weather conditions and events outside my control) and, in such event, I will give you as much notice as possible. I will use reasonable endeavours to reschedule the Photoshoot to a date that suits you, but cannot promise that an appropriate date will be available. 

6.7 You may reschedule the Photoshoot date once at no cost to you, after which you must pay a fee equal to 50% of the Package Cost each time you wish to further change the Photoshoot Date. 

Newborn Photoshoots

6.9 For Photoshoots of newborn babies, I schedule the Photoshoot to take place between the 3rd and 21st day of your baby’s due date. 

6.10 If your baby’s actual birthday means the scheduled Photoshoot does not fall within this period, then I will usually offer you an alternative date that falls within the 14 days following your baby’s birth. If I am not available during that period, I will:

(a) offer you the next available date; or

(b) if that date is not acceptable to you, provide you with a full refund of the total cost paid (in which case, your contract with me will terminate).

Defective Items and Returns

6.11 I am under a legal duty to supply Images that conform to these Terms and Conditions. You should check your delivered Images and advise me in writing of any defects or errors as soon as possible. Nothing in these terms will affect your legal rights.

7. Fees and payment

7.1 You must pay the Total Package Cost in accordance with the terms of payment specified in the Key Terms. If any payment is due prior to the date of the Photoshoot, full payment must be received to confirm your booking. The Total Package Costs are only refundable in accordance with our Cancellation, Rescheduling and Refund Policy set out in section 6 above.

7.2 The fee that you pay for your Package will depend on which Package and how many additional images (if you wish to add extras) you select. Prices for all of my Packages are set out in my full Price List, which is available on the website. Additional image prices will be agreed upon upon request. My prices are guaranteed for 90 days from the Photo Shoot Date and after that my prices are subject to change on notice.  

7.3 You must pay the Package Cost applicable to the Package you order in accordance with the terms of payment set out in the Key Terms. No part of your order will be delivered unless and until I receive payment in full for all amounts due.

7.4 Unless otherwise stated, all fees that are quoted to you by me are inclusive of VAT, if applicable.

8. Liability

8.1 Whilst I make every effort to ensure that your Photoshoot is a safe and enjoyable experience and that you receive Photographs you will cherish, occasionally things go wrong. This section outlines our liability to you in those circumstances. 

8.2 My 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 Total Session Fee and Package Cost paid by you to me about the Photoshoot and your order. I 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.

8.3 Nothing in these Terms and Conditions will in any way exclude or limit my liability to you for:

(a) death or personal injury caused by my negligence;

(b) fraud or fraudulent misrepresentation; and/or

(c) any other matter for which it would be illegal to exclude or attempt to exclude my liability.

8.4 Except as outlined in this section, to the fullest extent permitted by law, I disclaim all warranties, implied or express. 

9. Intellectual property rights

9.1 I 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. 

9.2 If you purchase a Package comprising digital images, you are entitled to create Artwork Products using the digital image for your 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 my ownership of the copyright and other intellectual property rights embodied in the Photographs. 

9.4 Without my 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 digital image provided to you. I may apply anti-copying measures to any digital images that are displayed on our website or in Your Proofs Gallery. You agree not to try to circumvent any such measures.

10. Privacy

I use and process your personal information in accordance with our Privacy Policy, a copy of which is included with these Terms and Conditions. 

11. Miscellaneous

11.1 Entire agreement: The Key Terms and these Terms and Conditions contain the entire agreement between you and me concerning their subject matter.

11.2 Confidentiality: Each party will keep confidential and not disclose to any third party or use (except as contemplated by these Terms and Conditions), any non-public information obtained from the other party that is marked or otherwise designated confidential (“Confidential Information”); provided, however, that neither party shall be prohibited from disclosing or using Confidential Information that: (i) is publicly available or becomes publicly available through no act or omission of the receiving party, (ii) is or has been disclosed to such party by a third party who is not under an obligation of confidentiality with respect thereto, (iii) is or has been independently developed by such party, without use or reference to the other party’s confidential information, or (iv) must be used or disclosed under a court order or applicable law, provided such use or disclosure is to the minimum extent required by such court order or applicable law. You also agree not to disclose the terms of these Terms and Conditions to any third party.

11.3 Events Outside Our Control: If I am prevented or delayed from carrying out the Photo Shoot or supplying your Package by an event outside my control (including acts of god, fault or failure of equipment, software, hardware, networks or infrastructure or failure by third parties), then I will contact you as soon as possible to let you know and I will take steps to minimise the effect of the delay. Provided I do this I will not be liable for failure or delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods or services you have paid for but not received.

11.4 Governing law and jurisdiction: The Key Terms and these Terms and Conditions, and any dispute or claim arising out of or in connection with them or the Photoshoot (“Dispute”), whether of a contractual or non-contractual nature, will be governed by and construed by the laws of England. You and I irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any Dispute.