TERMS AND CONDITIONS

Below are my Terms and Conditions, I always advise reading these thoroughly before booking. Terms and Conditions can always seem very daunting and overpowering with so much to read but I need to have them to protect my business and your rights as my customer(s) too. I have made my Terms and Conditions as short as possible for ease of understanding. 

In the following Terms and Conditions “the photographer”, known as Lily Newman in this instance. “The Customer(s)” shall be the person/people whose name(s) are on the booking of the photo session. The Terms and Conditions cannot be varied in any way by the customer(s) unless such conditions are expressly agreed by myself in writing. 

 

COPYRIGHT

Any images or copies of image whether stored digitally or otherwise and any computer programme including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright, Designs and Patents 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 in writing. My customers only can however reproduce, print, display my photos for personal use. The Copyright on the images is retained by me at all times.

 

WATERMARKING

All images or copies of images whether stored digitally or otherwise will have my logo watermarked on the images until full payment is received by the customer(s). The copyright is still attached to the image meaning that full accreditation to me is due but you may use the image for your own advertising purposes but must make sure that the licensing under the image is suitable for your intentions for the use of the image. 

 

RIGHT TO A CREDIT

The photographer asserts their statutory right to be identified as the author of their work as set out in Sections 77-79 of the Copyright, Designs and Patents Act 1998 or any amendment or re-enactment thereof. 

 

WEBSITE DISPLAY AND PROMOTIONAL USAGE

The customer(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, websites, sample albums etc. Unless specifically asked not in writing by the customer. 

 

FORCE MAJEURE

The photographer will endeavour to put the customer(s) in touch with another photographer in the event they are unable to complete the shoot due to any cause beyond their reasonable control eg. Sudden illness, injury, victim of crime, flooding etc. In the event of cancellation by the photographer, or in the very unlikely event of total photographic failure, liability shall be limited to a full refund of any fees paid, including the 25% holding deposit. 

For location shoots, if the weather isn’t suitable this will be decided by Lily Newman Photography and another suitable date for both parties will be arranged and agreed. No booking fees will be refunded in this instance as weather conditions are out of the photographer’s control.

 

LAW

These Terms and Conditions shall be governed and construed in accordance with the Laws of England.

 

LIABILITY

The photographer shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or for any loss to my customers arising from delay in transit. Where work is defective for any reason, including negligence, the photographer’s liability (if any) shall be limited to rectifying such defect. 

Personal Accident any directions issued to customers or employees during a photographic shoot are deemed to be at said person's own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot. 

 

LICENSE

The photographer shall be granted artistic license in relation to the poses photographed, the location used and digital retouching. The photographers judgement regarding the locations, poses and number of photographs taken shall be deemed to be correct. 

 

PHOTOGRAPHS AND IMAGES

All photograph and image sizes are nominal, The photographer will provide a pleasing colour balance but cannot guarantee exact colour matching. In the case of part mono/part colour images, the colours used will be subject to the photographer’s artistic interpretation and will be deemed correct. All photographs supplied by Lily Newman Photography are produced to the highest standards using the best quality materials and latest processing techniques. All pictures purchased are presumed to have been received in good condition unless the customer notifies Lily in writing of any discrepancy or error within 14 days of receipt. 

 

BOOKING FEE

A non-refundable booking fee of 25% of each service is charged when the customer agrees this contract, this fee is deducted (in full) from the total price. The booking fee secures the time and services of the photographer for the service and is non-refundable or transferable in the event of cancellation. 

 

PAYMENT

50% of the service fee must be paid once you receive the first draft of the images with any remaining balances paid within a week of receiving the final edits in which instance the watermark can be removed from the images. Delays in your payment will result in interest being charged and may effect your relationship with Lily for any future works.  

 

REJECTION

Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition. 

 

CANCELLATION

Cancellation less than 1 week prior to the date of the shoot will result in payment in full for the complete photographic package booked. Where no package has been specified 

On the booking form, it will be deemed that the customer(s) have chosen a package to the value of £150. The customer(s) are hereby advised to take out an appropriate insurance policy to cover any expenses incurred in the event of cancellation. All cancellations must be in writing. Prices of all services are supplied at the current prices ruling at the time of each individual payment and are subject to change without prior notice. The photographer is not VAT registered so VAT is not quoted (nor is it charged). 

For all services, in the unlikely event that Lily needs to cancel and rearrange, if this happens more than three times, the fourth cancellation would mean the booking fee would be returned and all sessions cancelled if you do not wish to continue with your session. However if the session goes ahead no refund will be given. 

 

REFUND POLICY

The photographer will not refund, nor accept the return of/refusal to pay charges for, any technically acceptable photograph supplied either in print or in electronic format. No exception can be made as we cannot be held responsible for individual tastes or exceptions. 

 

RETOUCHING 

Retouching and artist finishing is available as an optional extra and the final output and finish of any image that is re-touched will be at the photographer’s discretion. Storage of Images Original digital images are kept on an active file for one month, after which time the RAW images are stored in a secure location (access to these images is solely limited to the photographer). RAW image files are deleted three months after the photographer has shown the customer the final photographs. Under no circumstances will the photographer hand over any RAW files. They are property of the photographer and not a reflection of their actually work. 

 

CLIENT CONFIDENTIALITY 

The photographer will keep confidential information about the client and will not disclose to any third parties or make use of material or information communicated to him in confidence for the purposes of the photography, save as may be reasonably necessary to enable the photographer to carry out their obligations in relation to the commission. 

 

ELECTRONIC STORAGE

Save for the purposes of reproduction for the licensed use(s), the photographer may not be stored in any form of electronic medium without the written permission of the photographer. Manipulation of the image or use of only a portion of the image may only take place with the permission of the photographer. 

 

COMPLAINTS

Any complaints should be raised by the customer with the photographer in writing within 14 days from the date of receipt of images.

The photographer reserves the right to amend these Terms and Conditions without prior notice. 

©Lily Newman Photography