Contract | Down To Earth Photography

CONTRACT

Booking Fee

a) £50 deposit is required, along with a signed copy of this agreement to reserve your session date. By making a booking you have entered into a contract and therefore agreed to abide by the terms and conditions.

b) Booking fee deposits are non-refundable, except in the event Lynn Patterson of Down to Earth Photography cancels the session.

Payment of Balance

The remaining balance must be paid in full on arrival at Down to Earth Photography, payment will be taken before the session begins.

Gift Vouchers

a) Gift voucher must be presented or gift voucher code supplied at time of booking.

b) Gift vouchers have a validation period of 12 months only, from the date of purchase. There will be no exceptions.

c) Gift vouchers can not be exchanged for cash or a new voucher. No refunds will be given.

Cancellation/Reschedule

a) If illness or unfortunate circumstances happen where you need to reschedule, please provide at least 48hours notice where possible. Your booking fee is transferable and there will be no extra charge for rescheduling.

b) If you request to cancel and not reschedule your chosen session, the booking fee deposit is non-refundable.

c) Lynn Patterson of Down to Earth Photography maintains the right to reschedule at any time, should it become necessary, and will negotiate another time suitable for your session. If no suitable date can be arranged for the chosen session, a refund of booking fee will be given.

d) If you are more than 30 minutes late for a session, the session will be cancelled and no refund of booking fee will be given. Full payment of the chosen session will be required to rebook.

e) Down to Earth Photography offers a 14 day ‘no cancellation fee’ period on all sessions. Clients who change their mind and cancel their session within 14 days of paying the booking fee deposit, will have their booking fee refunded in full.

Electronic Devices

Mobile phones, cameras & video equipment are NOT permitted during any session, unless authorized or arranged by Lynn Patterson of Down to Earth Photography.

Image Production

a) A phone consultation with the client before the chosen session is for the purpose to discuss clients preferences for the session. If clients wish they can choose colour palettes and creative set up from the Down to Earth Photography portfolio. Clients can make requests for specific colours & photographic styles, but requests will only be agreed and met if Lynn Patteson feels they represent her product and creative style. Requests are not binding instructions.

b) Unless otherwise agreed, Lynn Patterson from Down to Earth Photography is entitled to have full creative control for the production of images.

c) Lynn Patterson of Down to Earth Photography will do her best to honour all discussed on the phone consultation, however, this is dependable on the willingness of subjects. It may not be possible to meet clients full expectations.

d) Unco-operative children at any session can result in all or many of the images not being captured. The client is fully responsible for all children at their chosen session.

e) A preparation guide is provided to the client prior to the scheduled session of choice. If client fails to read this guide or fails to carry out the requested preparations prior to their session, this may result in a reduction of quality or quantity of images. The client agrees that Lynn Patterson of Down to Earth Photography will not be held responsible for such results.

Model Calls & Portfolio Building Shoots

Clients are offered a discounted and tailored session. Lynn Patterson of Down to Earth Photography has full control over the styling and artistic nature of the images. Clients will have no input in colours, props or set ups.

Preview Gallery & Final Selection

a) There is no guarantee that any particular number of proofs will be produced but Lynn Patterson of Down to Photography will do her best to produce the number of edited proofs discussed for the preview gallery

b) All images are professionally edited by Lynn Patterson at Down to Earth Photography before presenting a preview gallery for a client. Client will receive a link to view their preview gallery online within 2 - 3 weeks after session. All images in preview gallery will be low resolution with watermark and are for viewing purposes only.

c) Any additional edits must be requested by the clients within the proofing stage of the preview gallery. Edits will be carried out at Lynn Pattersons discretion, she reserves the right to refuse edit requests and the right to charge a fee for extra editing at a rate of £10 per image, where she feels necessary. Client accepts that once their final selection of images has been placed, edit requests will not be fulfilled.

d) Clients selection of images must be finalised within 7 days of receiving the preview gallery. The amount of images will be dependent on the package or extras the client has paid for. Help and advice is available if assistance in selecting images is required.

e) If client wants to select more images than their package allows, there will be an extra charge of £15 per image with a maximum charge of £150 for all images. Payment for any extra images must be made before images are released to client.

e) Selected images will be delivered electronically to client in the form of high definition digital files , without watermark, within 3 days of clients final selection.

g) All images are edited on a fully calibrated monitor, Lynn Patterson will not be responsible for colour variances in images due to clients viewing images on non calibrated monitors or devices.

h) Edited HD digital image files are kept on file for 6 month period only, at Lynn Pattersons discretion.

The client is aware when personally choosing a print lab for their digital image files that the print quality and end result is not under the control of the photographer. The client therefore agrees that Lynn Patterson of Down to Earth photography is free from any liability of potential claims in discolouration or print quality issues.

Image Rights

Lynn Patterson of Down to Earth Photography owns full rights to all images and can therefore use images at any time for any purpose, including but not limited to, website portfolio display, print, competition, marketing, advertising and promotion of her work.

Allergies

a) The client is responsible for advising Lynn Patterson of any known allergies for all children and adults attending the session.

b) Client must advise of any food allergies or intolerances when booking a cake smash session, notification must be given at time of booking. If client fails to notify before the cake order has been placed, client will be liable to pay the cost of ordering a new cake, at the sum of £30.

c) Lynn Patterson of Down to Earth Photography will not be held liable for any adverse effect or illness caused by allergic reaction if the client failed to inform her, client agrees that with signing this contract they waive all rights to claim or sue.

Liabilities

a) Lynn Patterson of Down to Earth Photograph shall not be liable to the client for any failure to fulfil the obligations of this contract due to any circumstances that are beyond her control, this includes but is not limited to - illness, injury, equipment failure, fire or building damages.

b) In the unlikely event of total photographic failure during the clients session that is beyond either parties control, the liability of one party to the other shall be limited to the total value of the contract.

c) Client is fully responsible for all children and adults who attend any session and therefore client agrees that Lynn Patterson and Down to Earth Photography are released from all liabilities and claims of any accidents that occur during any session that could have been prevented.

d) Extreme care is taken when storing and retouching digital image files. In the unlikely event that all original files are lost, stolen or damaged within or beyond Lynn Pattersons control, Lynn Pattersons liability is limited to offering the client a full refund or arrangement to photograph a new session at no extra cost to the client.

e) Lynn Patterson of Down to Earth Photography does not accept liability for a clients loss or damage of digital image files.

a) Copyright is owned by Lynn Patterson of Down to Earth Photography for all images, at all times.

b) Downloading, screen grabbing and removing watermarks from any images that are posted online by Lynn Patterson is illegal. Offenders will be invoiced for a copyright infringement fee of £?, that must be paid within 30days to avoid court action being taken.

d) Clients are refrained from editing or altering any image.

e) Reproduction or copying of any image is illegal unless written authorisation has been given and the rights have been purchased from Lynn Patterson of Down to Earth Photography. Offenders of unauthorised reproduction will be invoiced for a fee of £ per image that must be paid within 90 days to avoid court action.

f) Client must not provide images to any third parties for any form of use, other than to print on products for clients personal use. Clients will be held responsible for any unauthorised use by third parties and will result in client being invoiced for a fee of £ per image that has been unlawfully used.

Clients Usage

a) Clients are allowed to share or upload watermarked images through email, phone and on social media without written consent.

b) High Definition images with no watermark are for personal use only. Lynn Patterson grants the client image rights with a non-exclusive, limited, perpetual license. This license allows clients to use the images in a personal manner only - this includes print and display the images, upload or electronically transfer the images and to publish the images on personal websites or social media sites.

Click here to view FULL privacy policy statements.

Lynn Patterson of Down to Earth Photography will never share or distribute any personal information, including contact information. All personal information obtained of any client is stored on password protected systems that only Lynn Patterson can access.

The undersigned have understood and agree to terms and conditions of this contract in its entirety.

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