Photo session Terms and conditions
In the following conditions of contract "The Photographer(s)" shall mean Danielle Reeder or, subject to condition 7 below, any photographers appointed by Danielle Reeder. "The Client(s)" shall be those whose name appears on the contract. The due performance of the contract is subject to the conditions below and they cannot be varied in any way by The Client(s) unless such conditions are expressly agreed by The Photographer(s) in writing.
1. Copyright: The 1988 Copyright Act assigns the copyright of the photographs to The Photographer(s). 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 The Photographer(s) or their appointed agents.
2. Display: 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, brochures, magazine articles and other such material, providing that the images used are used lawfully and without damage to The Client(s).
3. Licence, Coverage and Reproduction: a) The Photographer(s) 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. b) 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. c) The Photographer(s) 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(s) in the event of leaving somebody out. d) Please note that any alterations made to the booking by The Client(s) once details have been confirmed may only be made at the discretion of The Photographer(s) and in some circumstances The Photographer(s) may be unable to accommodate these alterations due to conflict of commitments. Under these circumstances The Photographer(s) are not liable to compensate The Client(s) in any way whatsoever.
4. Prices: Where the session date is no more than six months after the date of signing, all photographic services undertaken on that date are supplied at the prices ruling on the date of signing. All additional reprint orders, if placed after six months of the contracted date, and small reprint orders placed at any time, are supplied at the prices ruling at that time. The online gallery for ordering will remain open for seven days from the date that it is posted online. Orders must be placed and paid for within these seven days, otherwise a hosting charge of £20 will be incurred.
5. Payments: a) A non-refundable booking fee of £50 (paid by bank transfer) along with a completed client booking form will confirm your session. The remaining session fee is due two weeks before the booking date. All additional goods are payable on ordering. b) Title to all goods remains the property of Danielle Reeder Photography until paid for in full by The Client(s).
6. Complaints: In the unlikely event of any complaint with regard to our service, all complaints must be received in writing within seven days of collection of products purchased. This includes photographs, canvases and albums.
7. Force Majeure: a) The due performance of the contrast is subject to alteration or cancellation by The Photographer(s) owing to any cause beyond their control (i.e. sudden illness/injury). b) In the event of cancellation by The Photographer(s) (although all attempts will be made to rearrange for another photographer to be present - see clause 7b) or in the unlikely event of total photographic failure (although re-shoots may be arranged if practical - The Photographer(s) will not be responsible for costs in order to stage such re-shoots), The Photographer(s) liability shall be limited to a full refund of any deposits and fees paid. Travel will not be reimbursed.
8. Negatives or digital files: a) The negatives and digital files shall remain the property of The Photographer(s) and shall be kept by them for not less than six months from the contract date. b) Should negatives or digital files be lost, damaged or destroyed for reasons beyond control, The Photographer(s) liability shall be limited to a full refund or any deposits and fees paid, but shall not include a refund for any goods already received. c) All orders should be placed with The Photographer(s) before the end of the six month period starting at the contract date. The Photographer(s) will not be liable for failure to produce any orders placed after this time. d) The Photographer(s) will choose the best images from the session, and a minimum of 20 fully edited images will be available for viewing online. All presented pictures are selected at The Photographer(s) discretion, and The Photographer(s) 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. e) Due to limitations of computer monitors and variations of computer operating systems, it is understood that images viewed via this method may appear differently according to the specification of each monitor/computer and that prints may not match images rendered on any particular computer monitor. f) The negatives and digital files are not to be edited or altered by the client(s) under any circumstances, including but not limiting to, the addition of social media filters.
The following copyright applies when purchasing digital images from Danielle Reeder Photography. The Client(s) has purchased high resolution images from his/her photography session with Danielle Reeder Photography. The Bearer is hereby granted permission by Danielle Reeder Photography to reproduce then images and make an unlimited number of prints, for personal use only. This permission applies worldwide. The Bearer agrees that he/she may not use any Danielle Reeder Photography images for commercial or editorial purposes, or enter any Danielle Reeder Photography images into any competition without express written permission of Danielle Reeder Photography. Danielle Reeder Photography retains the copyright to all images.
Copyright and Licensing Notice: The images that are being provided to you are licensed to you for any reasonable personal purposes, including but not limiting to; printing, copying, emailing, and web publishing. Your licence does not include use that results in financial gain, including but limited to; advertising, stock photography, print sale profits, or resale of any nature.
Your purchase of the original files releases Danielle Reeder Photography from any liability due to loss or damage of the images and also releases Danielle Reeder Photography from any obligation to maintain copies of any digital file, image or photograph. You hereby grant to Danielle Reeder Photography the right to use and publish images and photographs taken at your photography session to further promote its service, including portfolio, website, display, advertisement and editorial use. Danielle Reeder Photography agrees to limit the use of these images and photographs to promotional use only.
Danielle Reeder Photography may revoke this licence at any time and for any reason. Danielle Reeder Photography retains all copyrights to the images and derivative works thereof. By using these images, you are agreeing to the above terms.
9. 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. a) Cancellation within seven days of booking - £50 non refundable booking fee (see clause 5a). b) In all cases where The Photographer(s) is able to rebook the date with an equivalent booking, then no cancellation fee will apply.
10. Placing an Order and Receipt of Goods: a) Any alterations to orders must be notified in writing within one working day of the order being placed. The Photographer(s) will not be held liable for any costs incurred due to alterations to the order made by The Client(s) after this time. b) The Photographer(s) must be notified in writing within two working days of The Client(s) being in receipt of the order in the case of error, shortage or damage as mistakes cannot be rectified after this period. c) Due to the nature of the product, The Photographer(s) are unable to give exchanges or refunds. This does not affect you statutory rights. In the event that photographic materials are damaged in processing, lost through equipment malfunction, lost in the mail or otherwise lost or damaged, The Photographer(s) will offer to reshoot at no extra cost to The Client(s) but shall have no further liability of losses, including consequential losses, incurred by The Client(s).
11. Health and Safety: The Client(s) is responsible for their own safety and that of any children during the photography session. The Client(s) must therefore ensure that a responsible adult other than Danielle Reeder is present at all times supervising the children.
12. Governing Law: Any contract made between The Photographer(s) and The Client(s) shall in all respects be governed by and construed in accordance with English Law and the parties hereto submit to jurisdiction of the English Courts.