Amanda Powell Photography Terms and Conditions
In the following terms and conditions
“The Photographer” shall mean Amanda Powell
“The Client(s)” shall mean “You” the Parties to the Contract.
It is agreed that the following terms and contract set out the entire agreement between the parties and that no variation or modification of the contract shall be effective unless agreed by the Photographer in writing. Please read the terms and conditions carefully before making a booking.
1. Booking Fee and Payments
A non-refundable booking fee of £75 for a lifestyle photo shoot and £35 for a mini photo shoot (paid by card, PayPal or bank transfer) together with your signed client form will secure your booking with the Photographer. The Client acknowledges that the booking fee is non-refundable or transferable in the event of cancellation by the Client.
The final balance is required at least 7 days prior to the photo shoot. If the final balance is not received then the Photographer may offer the date of event to another client.
All optional additional goods are payable in full on ordering after the photo shoot.
2. Cancellation Fees
In the unlikely event that the Client should need to cancel a booking the following will apply.
(a) Cancellation 7 days before the shoot: The non-refundable deposit is retained and final balance refunded.
(b) In the case where the Photographer is able to rebook the date with an equivalent booking, no cancellation fee will apply and the deposit and final balance will be refunded.
3. Force Majeure
The due performance of this contract is subject to alteration or cancellation due to a Force Majeure event. A Force Majeure event means an event beyond the control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources.
This contract is also subject to alteration or cancellation by the Photographer owing to any cause beyond their control (i.e. sudden illness, injury, theft of equipment etc.)
The Photographer will only be responsible for costs in order to reschedule and organise a re-shoot. The Photographer(s) liability shall be limited to a full refund of any deposits and fees paid.
4. Client Safety
The Photographer takes no liability for children’s safety during the photo shoot, this is the responsibility of the Client. The Client must ensure there is at least one responsible adult other than the Photographer present at all times.
5. Coverage
The Photographer shall be granted artistic license in relation to the poses photographed and the locations used. Although every effort will be made to comply with the Clients’ requirements, the Photographer’s judgment regarding the location, poses and number of photographs taken shall be deemed correct and not subject to dispute.
6. Copyright
In accordance with The 1988 Copyright Act, all images or copies of images whether stored digitally or otherwise remain the copyright of the Photographer. It is contrary to the act and illegal to copy photographs electronically or by any other means.
7. Online and Social Media
Under no circumstances can watermarked images be cropped, edited, screen grabbed or to be shared on social media and online without permission from the Photographer. This is a breech of copyright. If the Client has purchased the full artistic license (see section 8) all licenses have been lifted, however further editing is strictly forbidden.
8. Licenses
The images included within your package are licensed to you for your own personal use. This includes but is certainly not limited to printing, copying, emailing and publishing online (including all social media).
The files supplied will be high-res JPEGs, compatible with all operating systems.
The photographer has no responsibility of any future loss or damage of images and cannot guarantee copies will be retained or backed up after 12 months.
The Photographer is not responsible for the print quality of any 3rd party suppliers you choose to use. The Photographer would always recommend their preferred professional partners.
The ownership of the images still remains of the Photographer and as such your license does not include use that results in financial gain.
9. Digital Files and Storage
All digital files presented are selected at the discretion of the Photographer. The Photographer will only release images that meet the required standard.
All edited digital files from the session will be backed up and kept for a period of 12 months from the date of the photo shoot. Any remaining images will be deleted.
10. Use and Display of Images
The Client hereby allows the Photographer to display any images relating to the Contract and to generally promote the business in the Photographer(s) portfolio and by means of advertising, publicity, brochures, magazine articles, websites, social media, competitions and other such media providing that the images are used lawfully and without damage to the Client. By signing this contract you consent to the use of such images.
11. Complaints
All complaints should be raised by the Client directly to the Photographer in writing within 7 days of the occurrence which gives rise to the complaint. The Photographer will consider the complaint and shall provide a response to the Client within 7 days of receipt of that Complaint.
12. Governing Law and Jurisdiction
The parties irrevocably agree any dispute arising out of this contract shall be governed and construed in accordance with English Law and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.
Should you have any questions or queries about the terms and conditions, please email hello@amandapowellphotography.co.uk or call 0790 385 6158.