Terms & Conditions
When making your booking it is assumed you have read the Terms and Conditions and are happy and understand them. If for any reason you have anything you wish to discuss then please email, rachelhughesphotography@gmail.com
In the following conditions of contract “The Photographer” shall mean Rachel Hughes Photography. “The Client(s)” shall be those whose name appears on the booking.
COPYRIGHT
The 1988 Copyright Act assigns the copyright of the photographs to The Photographer. It is, therefore, contrary to the Act, and illegal, to copy photographs or allow to be copied, by any means photographic or otherwise, by any person or machine other than by The Photographer or their appointed agents.
DISPLAY
The Client(s) hereby allow(s) The Photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles and other such material, providing that the images used are used lawfully and without damage to The Client(s).
BOOKING FEES
The booking fee is due by The Client at the time of the booking, and is non-refundable unless The Photographer cancels the booking. By paying the booking fee The Client is securing their booking, and agreeing to the terms and conditions laid out in this contract.
CANCELLATION FEES
If The Client(s) should have to cancel a booking the following cancellation fees (as may be appropriate to their case) will become due immediately upon said cancellation:
Cancellation within 7 days of booking – non-refundable booking fee
In all cases where The Photographer(s) is able to rebook the date with an equivalent booking, the no cancellation fee will apply.
RESHOOT POLICY AND ILLNESS
In the event that the weather conditions are not desirable for location shoots based on The Photographer’s recommendations, the session will need to be rescheduled and the booking fee will be waived.
In the event that a reshoot has been scheduled due to The Client’s non cooperation in the previous session, The Client is held responsible for paying an additional booking fee, unless stated otherwise.
In the event of Client illness prior to the session, The Client agrees to make every possible effort to inform The Photographer no later than 4 hours prior to the start time of the photography session. The session can be transferred to a new date which will be at the convenience of both parties. A further rebooking due to illness will incur a rebooking fee of £25.
FORCE MAJEURE
In the event that The Photographer has to cancel this contract for reasons beyond their control (injury, illness, bereavement) a reshoot will be offered. Alternatively the liability shall be limited to a full refund of all monies paid. In the unlikely event of total photographic failure, liability shall be limited to a full refund of all monies paid.
COVERAGE
The Photographer shall be granted artistic licence in relation to the poses photographed and the locations used. The Photographer’s judgement regarding the location, poses and number of photographs taken shall be deemed correct.
Photographs taken during the course of a booking will be at the discretion of The Photographer(s) although every effort will be made to comply with The Client(s) requirements.
The Photographer shall endeavour to photograph all individuals as requested by The Client(s) at some point during the booking, but no responsibility will be taken by The Photographer in the event of leaving somebody out.
COOPERATION
If the desired outcome of your session is jeopardised by the behaviours of parties involved, then The Photographer cannot be held responsible. In the event of uncooperative children or pets at a session, The Photographer may not be able to capture any of the images The Client may have requested or expected.
SAFETY
The Photographer reserves the right to terminate coverage and leave the location of the event(s)/shoot(s) if The Photographer experiences inappropriate, threatening, hostile or offensive behaviour from person(s) at the event(s) or shoot(s); or in the event that the safety of The Photographer is in question.
The Client is responsible for the children or pet’s safety during the photoshoot. The Client must, therefore, ensure that a responsible adult other than The Photographer is present at all times supervising the children and pet(s).
ARTISTIC INPUT ~ IMAGES
The Photographer shall be entitled to use her judgement regarding the style and artistic input in the production of pictures. Images are fully edited before presenting to The Client. Additional edits are carried out at the discretion of The Photographer, and The Photographer reserves the right to charge The Client for additional editing to cover time involved.
Raw files are not available for purchase by The Client.
PROOFS/VIEW
Whilst The Photographer will endeavour to present at least 15 images per one hour of photographing, there is no guarantee that any particular number of proofs will be produced.
Proofs will be available for your online gallery within 3 weeks. The Photographer is not obligated to provide the client with any images that are not already presented to them.
The Client is responsible for viewing and ordering from their online gallery within 2 weeks of the images being ready for viewing.
All orders are final and cannot be changed or refunded for any reason.
DIGITAL FILES
The digital files shall remain the property of The Photographer and shall be kept by them for not less than 6 months from the photography session.
Should digital files be lost, damaged or destroyed for reasons beyond control, The Photographer’s liability shall be limited to a full refund of any fees paid, but shall not include a refund for any goods already received
The Photographer will choose the best images from the session for viewing online. All presented pictures are selected at The Photographer’s discretion, and The Photographer reserves the right to edit and release only the images that meet her artistic standards. Once this selection has been made any remaining images will be deleted.
COPYRIGHT & REPRODUCTION
The images that are being provided to The Client are licensed to The Client for any reasonable personal purposes, including but not limited to: printing, copying, emailing, and web publishing. The Client(s) license does not include use that results in financial gain, including but not limited to: advertising, stock photography, print sale profits, or resale of any nature.
The Client(s) purchase of the original files releases The Photographer from any liability due to loss or damage of the images and also releases The Photographer from any obligation to maintain copies of any digital file, image, or photograph.
The Client(s) hereby grant to The Photographer the right to use and publish images and photographs taken at The Client(s) photography session to further promote it’s service, including portfolio, website, social media. display, advertisement, and editorial use. The Photographer agrees to limit the use of these images and photographs to promotional use only. In the event that The Client wishes the images to be kept private and not displayed anywhere publicly, they should inform The Photographer before/during your photo shoot.
PRIVACY AND PERSONAL DATA
The Photographer is committed to ensuring that your personal data is protected. As part of the booking process, The Photographer will collect your name and contact information (address, email, telephone number), in order to understand your needs and provide you with a better service.
The Photographer will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.
If you wish to have your details removed from The Photographer’s record, please tell The Photographer in writing.
COMPLAINTS
In the unlikely event of any complaint with regards to the service, all complaints must be received in writing within seven days of collection of products purchased. Please note The Photographer does not provide refunds on photos once The Client has approved and ordered them.