Terms and Conditions
Photo Shoot Terms and Conditions
For the purpose of these terms and conditions the following definitions will apply:
Customer / Client- are the person/s or organisation to whom the invoice is addressed (whether or not the customer is acting for a third party).
Photograph / Image means all photographic material supplied by Pauls Studio Ltd, this includes prints, files, designs, or any other item that is supplied by Pauls Studio Ltd for the purpose of reproduction.
These terms and conditions are applicable to all orders, quotes and services provided by the photographer, and are applicable at every stage of the process.
1) Photo Shoot Bookings
1.1) All bookings are subject to availability. All bookings take place the photographer’s home studio or at an agreed location.
1.2) You will receive confirmation of your appointment by email. You will also receive your Photo Shoot guide via email, or online portal.
1.3) All photo shoots include the use of my props subject to availability – the upmost care is taken to ensure the condition of props, any use during photo shoots, is entirely at the clients’ risk.
1.4) I reserve the right to make changes to the prices as shown in the packages and pricelist at any time, however you will only pay the price that was shown on the website at the time of making your booking.
1.5) It is the responsibility of the client to notify the photographer if there are any medical conditions or physical disabilities that may have an effect on the photography shoot
1.6) For each booking there is a non-refundable booking fee or session fee (which ever is applicable to session type) which secures your slot.
1.7) Your booking retainer/session fee is non-refundable if you fail to attend your session, or do not comply with the notice rules for rescheduling as per point 2.
1.8) Where sessions states that the session is free of charge but there is a non-refundable retainer to be paid – this retainer is then deducted from the total cost of your final order to previous point.
1.9) On making a booking you agree that you have looked at the photographs’ within the website and are happy with the photographers ‘style’, if you are looking for a different ‘style’ of photograph – this must be discussed before making your booking.
2) Changing Bookings
2.1) If, after receiving your confirmation, you need to change your booking appointment, please call immediately on 01702 602221 or email firstname.lastname@example.org
2.2) Bookings can be changed free of charge (see point 2.4) if you give me at least 48 hours notice (cake smash sessions see point 2.3). For clients that give the photographer less than 48 hours notice, this change may be subject to an administration fee.
2.3) Cake smash sessions can be rearranged free of charge (see point 2.4) if you give me a minimum of 1 full weeks’ notice. For clients that give the photographer less than 1 full weeks’ notice, the client will subject to a fee of £50.
2.4) Bookings can be changed once on your original booking fee – as long as the minimum notice has been given (as stated in point 2.2 & 2.3) Your new booking must be made within 2 weeks of the original booking date.
3) No Shows
3.1) If for any reason after receiving your confirmation, you fail to attend your photo shoot appointment, you forfeit your booking retainer fee – This is to cover the cost of the time already booked with the photographer.
4) Cancelling Appointments
4.1) If you wish to cancel an appointment you will forfeit your booking fee – This is to cover the cost of the time already booked with the photographer, time invested in planning and preparation, and those cost associated in doing so. If however you wish to re-arrange your booking please see point 2.
5.1) A non-refundable booking retainer/session fee is to be paid at the time of booking.
5.2) Any session fee balance (where applicable) is due on the day of your photo session – no exceptions.
5.3) Any outstanding balance is due to be paid by the client to the photographer by the date shown on the invoice and no orders for prints or products will be processed until payment is received.
5.4) Payments can be made , CARD, or BANK TRANSFER only. PayPal cash and cheques are NOT accepted forms of payment.
5.5) Payment plans with interest free credit are offered at the discretion of the photographer.
5.6) Where payment plans are agreed the client agrees to make payment in full on the dates agreed. You will not receive any goods until final payment is made. Upon making your final payment production times apply and you will be notified once your order is ready for collection.
5.7) Once placing your order which is to be paid for on a payment plan, this is a binding contract and you commit to completing the full payment. There shall be no refunds at any stage as per point 8.
5.8) Failure to complete payment for your full order will render the client in breach of contract.
6) Photography & Sessions
6.1) The photographer’s judgement in all matters regarding composition, poses, number of photographs taken and all such like matters shall be deemed to be correct.
6.2) It is the photographers’ responsibility to supply cameras and other equipment necessary to carry out the photo shoot.
6.3) To carry out the photographic works the photographer may appoint an assistant of her choice.
6.4) The customer is responsible for ensuring that persons, objects and locations necessary for carrying out the photo shoot are available and / or accessible.
6.5) The customer will be held liable for costs incurred and third party costs if the customer does not fulfil the obligations (as stated in the previous point).
6.6) It is not the responsibility of the photographer to obtain the approval of persons to be photographed (model release) nor of legitimate persons on location (location release) concerning the planned usage of the photographic images, if the customer has designated the persons or locations that are to be photographed.
6.7) All persons taking part in photos, and/or group photographs agree that you do so voluntarily and on the basis that your image may be displayed on Site or any other website and in printed publications, and may be used by us for promotional purposes. Due to the number of people involved in a group photograph, you will not be able to withdraw your consent once the photograph has been taken.
6.8 There is strictly no photography or videography in any form (which includes the use of items such as mobile phones) to take place during the session other than that carried out by the photographer – anyone found do be doing so will be asked to leave and will forfeit their session fee to cover the photographers time and work carried out.
6.9) Please ensure you arrive on time for your session – anyone that arrives late and the photographer deems that there is insufficient time to complete the session you will be asked to rearrange and will be charged an additional session fee to cover the time lost by the photographer
7.1) Whilst every care is taken at every stage of the photographic process, Pauls Studio Ltd shall not be liable to the client for any failure, in whole or in part, to fulfil her obligations of a booking where failure arises as a result of an event or circumstances beyond her control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury.
7.2) Pauls Studio Ltd can accept no responsibility for any losses incurred as a result of any such failure beyond a full refund of the original photo shoot fee (if payment has already been received).
8.1) Full payment is required when placing an order for prints / products/ digital files – your order will not be fulfilled without payment in full.
8.2) Once you have placed your order you are agreeing the approval of the item/s and understand that no item can be altered or refunded once ordered.
8.3) Each item is bespoke and individually produced – for this reason there are no refunds
8.4) Every item is individually checked by myself for quality before you are invited to collect. Upon collection you will be asked to sign agreeing to the satisfactory quality of your items. Any anomalies in your order must be raised at the time of collection.
8.5) Once your order has been handed over you are responsible for its care. Any damaged caused is at the cost of the client.
8.6) Due to the custom nature of product orders the client does not have the right to a cooling off period.
8.7) By placing an order with the photographer the client is committing to buying the products ordered.
9) Delivery of items
9.1) All prints and products are to be collected by the client unless otherwise agreed and only in rare circumstances will it be agreed that items are sent via post or courier
9.2) If it is agreed that the items are to be posted, Pauls Studio Ltd makes every effort to deliver photographs without risk of damage, however I accept no responsibility for damage to any photographs whilst in transit if they are posted to you, and any loss or damages will be at the clients cost to replace.
9.3) All delivery dates are estimates. Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and I shall not be liable for any losses, costs, damages or expenses incurred by the client or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date.
9.4) Failure by the client to pay for any products or services when due shall entitle me to with-hold any services or goods until payment is received and the Client shall be liable for any costs incurred by the Supplier relating to such Goods.
9.5) Any delivery of Goods to be made to the Client’s address – the Client shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
10) Changes To Terms And Conditions
10.1) Our mission is to provide a high quality service to my clients. In order to do so I must reserve the right to change these terms and conditions without notice at any time.
11.1) All copyright of photographic images remains solely with Pauls Studio Ltd at all times.
11.2) The customer acknowledges that the photographic images supplied by the photographer constitute copyright material. Pauls Studio Ltd retains the entire copyright in the photographs at all times throughout the world.
11.3) No part of this website may be reproduced, stored or transmitted in any form or by any means. The reproduction by whatever means of the whole or part of any image displayed on this site is strictly forbidden.
11.4) Images shall not be added to, manipulated, any part removed or altered.
11.5) Any breach of these terms may result in legal action being taken.
11.6) There is strictly no photography or videography in any form (which includes the use of items such as mobile phones) to take place during the session other than that carried out by the photographer.
13) Gift Vouchers
13.1) Gift vouchers are only valid for the amount and/or session type stated.
13.2) Vouchers have no cash value and if lost are void.
13.5) Voucher must be presented to the photographer to be able to redeem.
13.6) Gift Vouchers will be subject to verification at the time of presentation.
14) Image Editing
14.1) Image editing includes basic retouching of skin (removal of small blemishes and flakes of skin, creative input to enhance colours and backgrounds
14.2) Editing with your fee does not include editing that involves drastically changing someone’s appearance
14.3) The photographer hold the right to charge additional fees for any additional editing or special requests by the client – any such requests will be accepted or declined on the discretion of the photographer and whether it is fitting with her style or techniques
14.4) Images are fully edited before being presented to the client and the photographer holds the right to charge the client as per point 14.3 for anything additional
15) Data Protection
Pauls Studio Ltd will store your name, contact details and session information on a private internal database. These details will NOT be made available to companies or individuals outside of Pauls studio Ltd other than Law Enforcement, Legal Requirements and instances where it is required to fulfil your order.
TERMS AND CONDITIONS OF CONTRACT FOR WEDDING PHOTOGRAPHY SERVICES
In the following terms & conditions “the photographer” shall mean Pauls studio Ltd or any agent/employee of Pauls studio Ltd. “The client(s)” shall be those persons defined as bride and groom in the wedding booking. It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
Booking Fee / Deposit Payments
A non-refundable booking fee of £350 as well as full acceptance of the terms and conditions as published on the photographer’s website secures the time and services of the Photographer for the wedding and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation. The booking fee will be deducted from the cost of the client’s chosen package when calculating the final balance due. Payment in full of the remaining balance will be due 4 weeks before the wedding day. Weddings that are postponed to a later date will retain the fee as long as the photographer can re-schedule for the new date and time.
The details of the wedding arrangements are to be agreed beforehand in writing (email is acceptable). The Client shall notify the Photographer of any changes to these details in writing. The Photographer/s cannot be held liable for delays or disruption in their delivery of the service until any changes are received, and acknowledged in writing.
The Client may cancel this contract at any time by giving written notice to The Photographer/s but in doing so shall forfeit any monies paid. Cancellation less than 12 weeks before the wedding will result in the payment in full becoming due. All cancellations must be in writing.
The client(s) hereby allow(s) the photographer(s) to display any photograph covered by this contract and to generally promote the business in advertising, instagram, facebook, twitter and youtube, tumblr, brochures, magazine articles, websites, sample albums and prints, venue and other vendor samples, and other such material, providing that the images used are used lawfully and without damage to the client(s).This list is not exhaustive.
COPYRIGHT LAW: English Copyright Law declares that the copyright remains with the photographer. The photographer grants the client(s) permission to make copies of the images under the following conditions: The images taken by the photographer are for personal use by the client and their friends or family; selling the photographs is not allowed without permission from the photographer. The client(s) will not have access to any unedited raw image files. The Photographer has unrestricted use of these images and can use them wholly or in part in any publication (commercial or otherwise), portfolio or public display with any retouching or alteration without restriction. At events, it is the client’s responsibility to notify guests of this unrestricted use; that attending the event acts as a model release. The client(s) hereby assigns the photographer the irrevocable and unrestricted right to use and publish photographs of the client(s) or in which the client(s) may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The client releases all claim to profits that may arise from use of images. Buyer may not resell, relicense, redistribute without express written permission from photographer. Use as a derivative work, and reselling or redistributing such derivative work is prohibited. Images may not be edited or have filters applied to them. Images may not be used in a pornographic, obscene, illegal, immoral, libellous or defamatory manner. Images may not be incorporated into trademarks, logos, or service marks. Images may not be made available for download.
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. For a booking involving a church ceremony or at certain venues, the photographer’s movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the ceremony may not be the photographer’s choice and the photographer cannot accept responsibility for any obstructed view should this be the case.
All images will be adjusted for exposure, brightness, contrast, sharpness, etc The Photographer’s judgement regarding these corrections and the number of images put forward to the Client for preview shall be deemed correct. Retouching, digital manipulation and artist finishing is also included.
Prints / Reorders
All prints and reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing.
The copyright Designs and Patents Acts assign the copyright of the images to the photographer. Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988. It is contrary to the Act to copy or allow to be copied photographically/electronically or by any other means an image created as part of this contract without the permission of The Photographer/s in writing.
The Photographer/s shall be granted artistic licence in relation to the poses photographed and the locations used. The Photographers judgement regarding the locations/poses and number of images taken shall be deemed correct. Due to the vagaries of the weather and the willingness of subjects and the fact it is a “live” event it may not be possible to capture all the images requested.
The client understands that the photographer must follow all rules given to them by the person/s facilitating the wedding and are not held liable for failure to deliver should the photographer be told that they are not allowed to take photos during the ceremony or be stationed in one spot. It is the client’s responsibility to understand the rules ahead of time.
Force Majeure or Act of God
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.
In the unlikely event of the Photographer being unable to attend your wedding, as much notice as is possible would be given and we reserve the right to appoint another photographer to attend your wedding on our behalf to undertake the wedding photography to his/her best ability. And if this is impossible we will do all we can to a sensible amount to help you source another photographer i.e. by providing a list of other professional photographers in the area.
Limitation of Liability
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance 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 loss.
Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
This agreement shall be governed in accordance with the laws of England and Wales.