Photography Service Terms&Conditions
1. Agreement: a. These terms and conditions govern the agreement between the client (hereinafter referred to as the "Client") and the photographer, Natalia d'Ark (hereinafter referred to as the "Photographer"), regarding photography services. b. By booking the photography session, the Client acknowledges that they have read, understood, and agreed to these terms and conditions.
2. Services: a. The Photographer agrees to provide photography services as described in the agreed-upon package or as otherwise specified in writing. b. The Client understands and acknowledges that the Photographer's style, creative judgment, and artistic interpretation will be reflected in the final images.
3. Payment and Pricing: a. The retainer fee is due at the time of booking to reserve the session date and time exclusively for you. Until the retainer fee is received, the Photographer cannot guarantee the availability of the chosen date and time for your session. b. The retainer fee is non-refundable under any circumstances, including but not limited to client cancellation or rescheduling, except in cases where the Photographer is unable to fulfil the agreed-upon services. c. The retainer fee will be applied towards the total session fee, with the remaining balance due on or before the day of the photoshoot, as outlined in the agreed-upon terms, unless otherwise agreed upon in writing. If the client fails to pay the remaining balance by the designated due date, the Photographer reserves the right to cancel the session and retain the retainer fee. d. In the event that the Photographer is unable to fulfil the agreed-upon services, the retainer fee will be refunded to the client in full. e. The retainer fee payment can be made through the accepted payment methods outlined by the Photographer, such as bank transfer, online payment platform, or any other mutually agreed-upon method.
4. Cancellation: Client's Cancellation: a. If the Client wishes to cancel the photoshoot, they must provide written notice to the Photographer as soon as possible. a. In the event of cancellation, the non-refundable retainer fee paid at the time of booking will not be refunded. Photographer's Cancellation: a. In the unlikely event that the Photographer needs to cancel the photoshoot due to unforeseen circumstances (e.g., illness, emergency or force majeure), every effort will be made to reschedule the session. b. If rescheduling is not possible, the Photographer will refund the full amount paid by the Client, including the retainer fee.
5. Refunds: a. Refunds, if applicable, will be processed within a reasonable timeframe and using the same payment method as the original transaction. b. Any fees incurred during the refund process, such as transaction fees or currency conversion fees, will be borne by the Client.
6. Rescheduling: Client's Request for Rescheduling: a. If the Client wishes to reschedule the photoshoot, they must provide written notice to the Photographer as soon as possible. b. The rescheduling of the session is subject to the Photographer's availability and the new date and time agreed upon by both parties. c. If the Client requests to reschedule the session multiple times, the Photographer reserves the right to charge an additional rescheduling fee or forfeit the retainer fee. Rescheduling Due to Weather Conditions: a. If the photoshoot is scheduled for an outdoor location and inclement weather is forecasted, both the Photographer and the Client will discuss the possibility of rescheduling. b. If rescheduling is necessary due to weather conditions, the Photographer will work with the Client to find a suitable alternative date and time. c. If no suitable alternative can be arranged, the cancellation policy may apply, or the Photographer and Client may agree to proceed with the photoshoot as planned, taking weather conditions into consideration. Changes to Package or Session Details: a. If the Client wishes to make changes to the originally booked package or session details, such as location or duration, the request must be made in writing as soon as possible. b. Changes to the package or session details are subject to the Photographer's approval and availability.
7. Image Delivery: a. The Photographer will deliver the final edited images to the Client within a reasonable timeframe, typically two weeks, unless otherwise specified. b. The final images will be provided in a digital format, as agreed upon between the parties. c. The Client understands and acknowledges that the Photographer retains the copyright and ownership of all images captured during the session. d. The client understands and acknowledges that editing is an artistic process, and the Photographer has full creative control over the final images. e. The client will receive the images in a digital format as specified by the Photographer, either via an online gallery, USB drive, or other agreed-upon method.
8. Image Archival: After the completion of the photoshoot, the Photographer will retain the digital image files for a period of 6 months from the date of the session, after which they will be permanently deleted.
9. Printing Products: a. Printing products orders must be placed within 3 months of the date of the photosession.
b. Printing product pricing is subject to change without prior notice. Factors influencing pricing include material costs, production expenses, supplier pricing fluctuations, and market conditions. c. If the Client is unable personally to collect printing products, they may designate an authorized representative to collect them on your behalf. The authorized representative must present a written authorization letter signed by you, along with a copy of your identification, at the time of collection. Once the printing products have been collected by Client’s authorized representative, Photographer will no longer be responsible for any loss, damage, or mishandling that may occur. d. If a Client is unable to collect printing products, there is a shipping option. The delivery charges for physical products orders are separate from the product pricing. The delivery charge may vary depending on factors such as the size, weight, and destination of the products.
The delivery charges will be communicated to the Client at the time of ordering. While Photographer makes every effort to ensure that the printing products are packaged securely for transit, Photographer cannot be held liable for any loss, damage, or delay that may occur during the shipping process.
10. Usage and Copyright: a. The Client is granted a non-exclusive, non-transferable licence to use the images for personal purposes, including but not limited to printing, display in the home, and sharing with family and friends. b. The Client shall not sell, alter, or otherwise distribute the images without the Photographer's prior written consent. c. The Photographer retains the right to use the images for promotional purposes, including but not limited to her portfolio, website, blog, social media, and marketing materials.
11. Cooperation and Conduct: a. The Client agrees to cooperate and follow the instructions of the Photographer during the session to ensure the best possible outcome. b. The Client is responsible for the conduct and behaviour of all individuals participating in the session, including children and pets. The Photographer reserves the right to end the session without refund if there is unacceptable behaviour or if she feels her safety or the safety of others is at risk.
12. Liability: a. The Photographer will exercise reasonable care during the photoshoot but shall not be held liable for any injuries, accidents, damages, or losses incurred by the Client or any individuals participating in the session. b. The Client agrees to indemnify and hold the Photographer harmless from any claims, liabilities, costs, or expenses arising out of the session.
13. Travel expenses: a. Local photoshoots within a 30-mile radius of GU15 3HD, no additional travel expenses will be incurred. b. Outside of this area, there is a charge of 45p per mile for roundtrip car travel. c. Destination travel expenses will include transportation costs (e.g., any congestion charges, road toll charges and parking costs).
14. Applicable Law: This agreement shall be governed by the laws of England and Wales.