Current terms and conditions for Allix Photography.
Thank you for booking a photography session with Allix Photography (“me/I/my/the photographer”). Please read these Terms and Conditions carefully, as they apply to your (“you/the client”) booking (“Photography Services/photo shoot session/sitting”).
I am happy to answer any questions or concerns you may have in relation to these T&Cs at any time. However, continuing with your booking means you are agreeing with these terms.
I reserve the right to change these Terms & Conditions at any time, and I will give reasonable notice to you if this happens.
By booking a photoshoot with Allix Photography you agree to read all terms and conditions. Once your deposit is received it is deemed you have read all terms and conditions and agree to all terms and conditions read.
GENERAL
These Terms and Conditions constitute an agreement between the parties and supersede all previous agreements between the parties relating to its subject matter. No variation or agreed termination of these terms and conditions (or of any document referred to in it) shall be effective unless it is in writing. If any provision of this agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable, or illegal, the other provisions shall remain in force. A person who is not a party to this agreement shall not have any rights under or in connection with it.
This agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of England.
ACCEPTANCE
Your booking and/or payment of your deposit fee signifies acceptance of these terms and conditions as a legally binding contract, unless otherwise objected to explicitly and in writing, prior to accepting my service. No variation of this contract shall be recognised unless explicitly agreed to in writing.
Any booking or payment made to me (including both your deposit and the session fee) indicates that you have read, understood and agreed to all the terms and conditions as set out in this document, in its entirety. If this contract has to be enforced, you agree to mediation instead of court proceedings.
STAYING COVID SECURE
All sessions will be planned to maintain, wherever possible, the UK government’s social distancing guidelines. I will ensure sufficient time to air the studio between sessions and will deep clean high contact and hard surfaces in the studio between sessions. Hand sanitiser with at least 60% alcohol will be available for client use, I will use hand sanitiser frequently during the session. I will check temperatures of all clients before they enter the studio, when necessary both parties will wear masks.
Despite taking the above steps to mitigate the spread of Covid-19, carrying out any activity in the UK currently carries a degree of risk of infection. Continuing with your booking and attending your photography session constitutes an acceptance of this risk. Please consider any health conditions of yourself or those you live with before making an informed decision about whether you are happy to accept this risk. I have a close family member who is deemed vulnerable, so it is of high priority I keep him safe.
If you are experiencing any of the known symptoms of Covid-19, or if you have been in contact with anyone who has recently experienced symptoms, or if you or any member of your household has been asked to self-isolate, then please inform me immediately so we can rearrange your shoot.
If we need to reschedule your photoshoot booking due to you or someone in your household experiencing symptoms of Covid-19, and/or due to a regional or national lockdown which prevents me from operating my studio or prohibits non-essential travel, then this will need to be booked in and taken within a year of the original booking date.
COPYRIGHT & OWNERSHIP
The copyright and all other rights in the Photos shall be retained by Allix Photography. The Photographer asserts the right to be credited as the author of the Photos in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988. Any unauthorised reproduction or modification of any images will constitute a breach of copyright. This includes making copies or ‘screen shots’ of images shared by the photographer online.
Sometimes the photographer may share previews or “sneak peeks” of your images, or give you access to an online gallery of images. These images must not be copied, screen shot, downloaded, edited, or altered in any way.
If you wish to share photographs to your own network or social media platforms you agree to do so only once you have purchased and paid for them. In addition, you agree to include the photographer’s company name (Allix Photography) or Website (www.allixphotography.co.uk) in your posts.
I ask that you please respect myself as a professional photographer. Clients are not permitted to take their own photographs at any portrait photography session. There are signs in the studio stating this too. If you take photos on your camera or phone during the session you will be asked to leave and there will be no refund or releasing of photos I have taken.
If there is a legitimate and specific reason you want to take a photograph, please discuss this with me when you arrive at the studio.
RESERVATIONS
Your photography session is reserved only once your deposit is paid. Your deposit must be paid within 48 hours of your booking otherwise your session will be cancelled. Your deposit is non-refundable as this contributes towards the photographer’s time planning your photoshoot.
RESCHEDULING & REFUNDS/CANCELLATIONS
Sometimes it is necessary for the photographer or client to reschedule, for example due to injury or serious illness. If there are unavoidable circumstances that affect your ability to take part in our photoshoot session, then I am happy for us to reschedule once, within a three-month period. Please let me know as soon as possible that you can no longer make the session, and at least 48 hours in advance. If you do not contact me at all and do not show up for your photoshoot you will not be refunded.
Please note that any new date will be subject to the Photographer’s availability. I shall use reasonable endeavour to arrange an alternative date for your photoshoot session.
Please note that in the lead-up to Christmas and other busy occasions, rescheduling may not be possible until the following year.
In the event we cannot agree another date, or if you are unable to attend your re-booked session, then your session fee will be lost.
Your session fee is non-refundable should you decide to cancel your photoshoot.
Please note that all Gift Vouchers and Gift Certificates are non-refundable and must be used by the date stated on your voucher.
LATENESS
Time is precious and as a busy photographer I allocate time slots for all my clients in order to ensure I have adequate time to capture your photos. Being late hinders this and I will not be able to over-run your session due to you being late, regardless of the circumstances. If you contact me to state you will be late, we can make alternative arrangements at my discretion, this depends on the circumstances.
If you do not contact me and turn up later than twenty minutes for your photoshoot your session will automatically be cancelled. There will be no refunds due to lateness.
HEALTH
If you are taken ill by an infectious disease, you must let me know and rearrange your session until you are fully recovered and no longer contagious. This is to protect the health of all my clients, who often include vulnerable newborn babies.
Please inform me on booking if you or anyone attending your photography session suffers from any health conditions including allergies, photosensitive epilepsy, medical issues, physical difficulties, and disabilities etc.
PRICES & PAYMENTS
The price for your photoshoot session will be as agreed at the time of booking. Booking your session by paying your deposit fee guarantees that you receive my current rates. Sessions rescheduled by the client are subject to the prices current at the time of rescheduling. Prices on the website or on marketing materials may be out of date, and I reserve the right to adjust prices at any time without prior notice. All prices are in sterling (£).
The balance of your photoshoot is to be paid in full two weeks before your photoshoot date. Failure to pay the balance of your fee within 48 hours will result in your photoshoot being cancelled. There will be no refund of your deposit. Full fees must be paid before any prints, or other products are ordered on your behalf. Payment can be made by cash or I will email you an invoice where you can pay by PayPal or any Visa/Credit card.
MY OBLIGATIONS
I will use reasonable endeavours to supply the Photography Services described on my website and marketing materials in a professional manner.
I reserve the right to decline to book or carry out any photography session or services that I deem to pose a health and safety risk to you, myself, or other people.
YOUR OBLIGATIONS
You agree to assist and cooperate with me in all matters relating to the photography photoshoot you have booked and to supply me with all information reasonably requested in order for me to carry out your photoshoot. You agree to do everything you can and that I request of you to ensure that everyone attending the photoshoot is well-rested and cooperative (e.g., no sugary food or drinks before or during the shoot; timing naps and feeds to ensure children are at their best for the agreed start time; staying calm, positive and encouraging; getting involved with the games, activities and instructions given by the photographer etc). Although I will do everything I can to make the experience engaging and enjoyable, you understand that I am not responsible for any photoshoot participants who refuse to cooperate, and that this may impact on the number and quality of the images I am able to capture.
You agree to take responsibility for your own and your child(ren)’s safety throughout your photoshoot, recognising that there are additional hazards to watch out for in a professional photography studio, including, but not limited to, lights and light stands, background sheets and background stands, electrical equipment, trip hazards, fall hazards etc. If you child(ren) is posed in, on or near a prop or another member of your family, you agree to remain nearby, vigilant, and responsible for their safety at all times.
You agree not to take pictures on your own camera or phone during the portrait session or reveal, nor to take screenshots from your online gallery.
EDITING
It’s not always possible to remove the following –
- wispy hair
- snot
- sleep crusts
- food crumbs
- dribble
- wrinkly clothing
- bobbles on clothing
- chipped nail polish/nail polish
- grey hairs
- fluff
It is best to fix these things beforehand. Please be vigilant during the photography session and use wipes to clean children’s faces and be prepared to be photographed exactly how you are knowing there will be limited editing. It is a good idea to bring a lint roller with you to ensure there is no fluff ruining your photos. Please bring a muslin square or an extra bib to wipe baby dribbles during the session.
Please make sure everything is how you want it to look before we take any photos.
CREATIVE LICENCE
You grant the photographer full creative licence to shoot, select images, edit images, and deliver them in the style and method chosen by the photographer and reflective of the style and quality advertised by the photographer.
SPECIAL IMAGE REQUESTS
I will make every effort to comply with requests for specific photos. Please ensure these are notified to me in advance of the shoot. Requests that are felt to be unsafe will be refused. It may not be possible for all images requested, or those expected, to be captured.
SHORTLISTING & EDITING
Your photographer will carry out any shortlisting and editing necessary to prepare your photos for viewing and selection.
The photographer’s choice of image selection is final.
Additional editing can be requested but is delivered at the photographer’s discretion and may incur additional charges.
Un-edited photos will not be released.
ORDER SALES & FULFILMENT
Please make your decisions on which images you’d like to keep and in which formats within the window of time that your gallery will be open, as indicated by your photographer.
Due to the nature of custom photography, all orders are final and cannot be cancelled or refunded. Please note that any special offers and discounts only apply to your initial ordering window.
Delivery times for prints, albums or other products may vary and will be advised at the time of ordering. Please ensure to let me know if you move house between booking your photoshoot and receiving your order.
IMAGE ARCHIVING
Allix Photography will keep all images on archive for three months from the date of your photo shoot session, after which they will be permanently deleted.
It is your responsibility to backup any digital files you receive. Please create multiple backups on different devices, and ensure the safe keeping of any prints, or other products.
DATA PROTECTION
Allix Photography will store Client names, contact details and session information privately and will not share these with any other business or organisation. A separate Privacy Policy is available on request.
LIABILITY
In the unlikely event of technical problems, camera/photographic failure, loss of image(s) before delivery to the client is made, injury or sickness beyond my control, my liability shall be limited to a full refund of all monies paid.
I will not be liable for any acts, events, omissions, or accidents beyond my reasonable control, including strikes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, inclement weather or default of suppliers or sub-contractors.
The limitation on liability shall also apply in the event Photos are lost through equipment malfunction, are lost in the mail or otherwise lost or damaged. My total liability for any breach, representation, act or omission (including negligence) shall be limited to my fee in relation to the Photo Services and I shall not be responsible for any special, indirect or consequential or pure economic loss, costs, damages, charges or expenses.
In the event of incapacitating illness or injury to the Photographer, I will have the option, whenever possible, to mutually agree with you to re-book your session. If this is not possible, I will refund your fee paid in relation to the interrupted photoshoot in full.
Any directions issued to clients, their guests or employees during a photographic shoot/event are deemed to be at said persons’ own risk. Allix Photography cannot be held responsible for any personal accidents during a photographic shoot.
Allix Photography is not responsible for the quality of services provided by business partners or other third parties. Your statutory rights are not affected.
Allix Photography holds Public Liability and Professional Indemnity Insurance.
IMAGE PERMISSIONS RELEASE
Being able to share the photographs I capture is an essential part of running a photography business – after all, seeing my work is usually one of the main reasons clients book me!
I also enjoy sharing your stories and images on my blog. These give you a page that’s all about you, which is perfect for sharing with friends and family who are further away. I don’t include surnames or address details more specific than a town or city.
Nevertheless, the General Data Protection Regulation (GDPR) requires that I make clear how your images may be used and collect your consent for this use. I will ask you to sign an agreement when you are at the studio for your photoshoot.