Terms & Conditions.
Photography Session Terms & Conditions
In the following terms & conditions “the photographer” shall mean Wayne Harker-Gill trading as Life Photographic. “The client(s)” shall be those persons defined in correspondance. It is mutually agreed that the following terms of agreement form an integral part of this contract and cannot be varied in any way by the client(s) unless such conditions are expressly agreed by the photographer in writing. By booking with the photographer you agree to the below Terms and Conditions.
A non refundable booking fee is required at the time of booking in order to reserve and secure the appointment unless otherwise confirmed by Life Photographic. The booking fee shall be applied as the standard sitting, a bespoke quote, a package, a promotion or deal where booking fee is required in full. Any booking fees are none refundable. The value of the booking may only be transferred to another service if expressly agreed by the photographer in writing.
Booking fee is required immediately to confirm the offer, deal, promotion or sitting date.
Payment for all extra items ordered must be made at the time of ordering. Prices for prints, digital images, mounts and framing options are available upon request. If paying the full balance owed or additional products by cheque prints and products will not be made available until the cheque has cleared.
The client(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.
Prints, reprints and enlargements
I offer a vast array of print and enlargements sizes all with different aspect ratio’s, all of my images are shoot to the aspect ratio of 2:3 which is ideal for most popular enlargement options. However on some of the enlargements sizes I offer image cropping may/will occur. Please ask advice before ordering enlargements.
Postage & Packaging
The post & packing charges are as listed when you place your order. Postage is always included in packages and any other booking fee.
Life Photographic shall be granted creative and artistic licence in relation to the choice of locations and poses used. Life Photographic judgement on photographic style and the number of photographs taken shall be deemed correct. Some photographs may not be possible due to changes of the weather and the availability and willingness of subjects. Life Photographic will do his best to honour requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement.
The 1998 Copyright, Designs, and Patents Act assigns copyright to Life Photographic, unless at the time of booking a release is negotiated. By purchasing images in either print or digitally you are purchasing the right to the image, not the copyright and therefore have no rights to reproduce the image in or on any medium. You may not copy the photographs taken under this contact, or allow copies to be made photographically, electronically, or by any other means. This is a standard condition for professional photographers.
In the unlikely event of total photographic failure, injury or sickness beyond Life Photographic control, their liability shall be limited to a full refund of all monies paid. Alternative dates shall be offered where possible before a refund is considered. Your statutory rights are not affected. Life Photographic has full Public Liability and Professional Indemnity Insurance.
If Life Photographic has to cancel the appointment for reasons beyond their control (death, injury, sickness, etc.), their liability shall be limited to a full refund of all monies paid. If the Client cancels the appointment within 48 hours of the reserved appointment an additional sitting fee shall be required to rebook. Any images included in the original booking fee shall be carried over to the new appointment. Cancellations shall not receive a refund and shall receive an alternative booking date & at the discretion of Life Photographic they reserve the right not to book another weekend slot if the previous cancelation was for a Saturday or a Sunday.
Postponement Due To Adverse Weather
If the appointment has to be cancelled by Life Photographic due to adverse weather conditions a new, mutually agreed appointment will be made.
Please address any complaints to Life Photographic by email or writing. I will endeavour to respond to any complaint within 5 working days of receipt.
Refunds and replacements
Due to the personal nature of photography refunds are unavailable. If you return a defective, faulty or non-conforming product to Life Photographic, the product will be inspected. If a defect or fault is found or the product does not match your purchase, a replacement shall be ordered. If no fault is found and the product is as advertised then the original product shall be returned to you. If the photosession does not fulfil your expectations a rescheduled photosession shall aim to put your concerns right. Booking fees are none refundable due to holding a date and time in my diary. Promotions and offers are none refundable as standard. These discounts are in place with the terms attached of the booking fee. In rare cases where the photographer agrees to a refund a period of 3 calendar months is required. Within these 3 calendar months the client is asked to not make enquries about the refund.
Your photo session must be booked, attended and all orders featured on your gift voucher must be placed before the expiry date. The voucher is none transferable. Life Photographic cannot gaurentee the date and time you wish to book and an alternative will always be offered. If a suitable alternative cannot be booked within the valid dates due to the availability of the photographer, a date outside of the expiry shall be set. Booking must still be made within the expiry limitations. If the Client cancels the appointment within 48 hours of the reserved appointment an additional sitting fee shall be required to rebook. Any images included in the original booking fee shall be carried over to the new appointment. Cancellations shall not receive a refund and shall receive an alternative booking date. ALL vouchers are none refundable. Gift vouchers being claimed 7 days before expiry may not be able to be booked due to this being considered short noptice to fit an appointment in. It is understood that the expiry is the date that the voucher is used and not the date the appointment must be made by/contact date.
Life Photographic tries to provide a safe environment for photo sessions but some aspects are out of the photographers control, including but not limited to, cables, hot light bulbs, edges of backgrounds and light stands. I ask clients to take extra care when entering a working studio. There are aspects of all locations that are out of my control as a photographer and as such I request everyone is in charge of their own safety and is aware of their surroundings. If I instruct you to do anything that you may feel is unsafe or not within your physical ability.
WEDDING PHOTOGRAPHY TERMS AND CONDITIONS
It is important you read as there is information you will NEED to know about your booking.
It is agreed that the following terms set out the total agreement made between the parties and that any variation or modification of this contract shall be effective on this website at ALL times without removal.
Please note ‘ Life Photographic’ is referred to as a business and not an individual.
The Booking fee of £150 secures the date, time and services of Life Photographic Services for the wedding and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation. The booking fee saves the date for your wedding and is in no relation to anything else. The fee does not apply to anything else other than date reservation. The booking fee is not based on level of contact following booking, any documentation or any other correspondence Confirmation of date reservation is given upon acknowledgement of receipt of £150. Cancellation/no contact 8 weeks before the wedding will result in removal from the diary with no notice given by Life Photographic. All cancellations must be in writing. Weddings that are postponed (more than 8 weeks before the original date) to a later date will retain the fee as long as the photographer can re-schedule for the new date and time. Failure to re schedule shall result in cancellation fee being applied.
The client is responsible for communication with Life Photographic at all stages of the process. This including but not limited to: Deposit confirmation, Booking any included pre-shoots, final payment confirmation 8 or more weeks before the wedding date, on the day information, collection of images and products. It is not to be assumed that the photographer allocated to your day is to contact you. All required information as stated above must be put into writing so we all have a record of conversations to reference at all stages.
Following booking fee of £150, the balance of fees are to be paid 8 calendar weeks prior to the wedding date. If this is not upheld, then the Photographer has to right to see this as a cancellation, the date becomes available with no notice to you.
It is understood that you shall provide me with the venues full address details including post code and correct time of service. This shall allow me to understand the content of your service to best capture every detail. This information should be received via email/written form soon after the wedding coverage is confirmed.
For a booking involving a church ceremony or at certain venues, the photographer's movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the ceremony may not be the photographer's choice and the photographer cannot accept responsibility for any obstructed view should this be the case. In some cases, photography during the ceremony is not permitted, the photographer cannot be held responsible if no images are taken of the ceremony if permission is not granted. Use of flash photography may be prohibited during proceedings and low lights may affect the quality of the images.
All image sizes are nominal. The Photographer/s will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibers. It is sometimes impossible to record on film or digitally the exact colour as seen by the human eye.
The style of the photography created for you on your wedding day is that which has been demonstrated through the photographers portfolio. It is unreasonable that the photographer change their style for your wedding photography.
The photography aims to document your day as it is. The photographer can only photograph what is happening so if you wish for images of certain things, make sure they happen for photographs. Group and couple shots are offered and available. Any images of people you feel are missing are not the responsibility of the photographer. Anyone important to your day that you wish to have any specific photos of must be requested if not already covered.
All photography packages (although mainly reportage) include traditional elements which will take the photography through the day such as: Brides arrival, Bride with Dad, Bride and Groom with guests. It is the responsibility of the Bride and Groom to allow the photographer time for these photographs. If no time is allowed, the photographer cannot be held responsible for the missing photographs from your wedding images.
The judgement of the photographer on photographic style and the number of photographs taken shall be deemed to be correct. Due to changes in the weather and the availability and willingness of the subjects Life Photographic will endeavour to fulfil the booking to its full potential but does not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement. Life Photographic reserves the right to delete, destroy or withhold any images, which are believed to be of a low technical or creative quality.
Some ceremony and reception venues have poor lighting which makes it difficult to capture some of the moments, flash photography shall be used where possible/allowed.
Life Photographic will retake a shot where we have seen a blink. It is impossible to guarantee to spot every blink, especially in group shots. All efforts will be made in edit to save any blinking shots but this cannot be guaranteed.
Every effort is made to fulfil special requests but are not a binding instruction. Any special request not included in this booking form should be requested in writing.
Retouching, digital manipulation and artist finishing is available to the Client as an optional extra. Basic enhancing shall be included in ordered images and products.
All reorders shall be treated as an extension of this contract and no responsibility for error will be accepted as part of this contract. Payment is made for reorders separately to this contract.
Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988 and remain the copyright of Life Photographic. 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 written permission of Life Photographic.
Life Photographic shall be granted artistic license in relation to the poses photographed and the locations used. The Photographers judgment regarding the locations, poses and number of images taken shall be deemed correct. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested.
Force majeure or Act of God
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.
Number of images taken
An average/estimated amount of shots taken cannot be givens this depends on various factors including but not limited to; weather, venue permissions and guest and couple compliance.
In the unlikely event of the assigned Photographer being unable to attend your wedding due to unforeseen circumstances, I reserve the right to attempt to appoint another photographer to attend your wedding on my/their behalf to undertake the wedding photography to his / her best ability. Failure for the photographer to fulfil the contract shall result in a full refund as services would have not been fulfilled.
It is understood that all of the information provided for the locations is CORRECT including the correct time of the ceremony, post codes for the satnav to route the photographer to the venues. Lateness or none attendance based on incorrect information shall not be deemed as failure to fulfil the service, no refunds/part refunds shall be given.
Contact on the day
It is asked and appreciated that the photographer has contact information for at least one of the bridal party that shall be able to communicate on the day. If the photographer runs into any problems they need to be able to communicate with the bridal party. This includes but not limited to; transport problems, not being able to find a location, being given the wrong venue information.
Allocation of another photographer
During busier times of the year, it is sometimes the case that another photographer shall attend your wedding on behalf of Life Photographic. This shall either be discussed at your initial meeting if I don’t have the availability personally at the time of booking, or the photographer shall be allocated no less than 2 weeks prior to your wedding date. Upon allocation of another photographer your correspondance shall still be with Life Photographic. Life Photographic Packages, Prices and Terms and Conditions apply and any issues about your booking can be taken up with either the photographer directly or Life Photographic. A copy of all details shall also be kept by Life Photographic. Do not feel less important having another photographer allocated. I only use photographers I know are competent and can match my style of photography and attention to detail to his / her best ability. The administration and editing shall be undertaken by Life Photographic.
Limitation of Liability
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
The Client may cancel this contract at any time by giving written notice to Life Photographic at the business address but in doing so shall forfeit any monies paid. Cancellation delivered by hand in person or send recorded/special delivery as proof of receipt. Cancellation less than 8 weeks before the wedding date will result in the payment in full. Six weeks is a reasonable time for the photographer to try and find other bookings for the date. If Life Photographic have to cancel this contract for reasons beyond their control (death, injury, sickness, etc), their liability shall be limited to a full refund of all monies paid.
Negatives / Digital Files
Negatives / digital files remain the sole property of Life Photographic.
All prices are agreed at time of booking. Any price changes in the time between the booking and the wedding date shall be affected as follows ;In the event of my prices going up, no extra shall be charged. In the event of my prices coming down (excluding special offers and promotions) for the exact same package including every detail booked by you, the difference shall be reimbursed.
Life Photographic 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.
Failure to fulfil any part of the contract will only result in that part of the coverage being available to apply for a refund. (e.g I cover your wedding day but my car breaks down on the way to your reception so I am unable to attend, the price of the reception coverage shall be refunded and not the coverage that I had obtained earlier in the day). Refund of booking fee is NOT permitted under any circumstance other than my failure to attend or appoint another photographer. Any refunds offered under any circumstances agreed by the photographer will be refunded within 28 days of all required information being provided. This includes but is not limited to; all supporting evidence of failure of service, bank account informatioon for refund, agreement a refund is granted in writing after assessing your case. Refunds being given are a satisfactory conclusion to any level of complaint and as such the refund is accepted as the closure of a complaint. Any public negative complaints/slanderous comments will result in the removal of the refund.
No new special offers offered by Life Photographic shall apply to your wedding after your booking. Only bookings made within the specified dates of the offers shall be able to receive that offer. If you wish to cancel and rebook to take part in the offer, your initial deposit shall be lost and a new deposit paid to the new booking.
Changes to your booking
As Life Photographic grows, there may sometimes be changes to the exact undertaking of your booking e.g. Number of meetings prior to your wedding etc. All changes shall be made in writing to you no less than 8 weeks in advance of your wedding date.
Changes of packages
Life Photographic from time to time may change the prices and content of Wedding packages. In the event of my prices coming down (excluding special offers and promotions) for the exact same package including every detail booked by you, the new price shall be applicable to your wedding package.
Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
Life Photographic may use any images included in this contract in their studio, web site, portfolio, literature, display areas, exhibitions, competitions, advertising, slide shows or commercially.
Coverage of people
The photography style is documentary and the people being photographed will be captured in this way. It is YOUR responsibility to make sure all the shots you wants such as people combinations are done before the photographer leaves. A lack of images of any of the guests will not be the fault of the photographer. Respect is also shown to those not wishing to be photographed.
The bride and groom and the Photographers consent to happily cooperate and communicate with each other to achieve the best possible result within the understanding of this contract. We recommend that the wedding photographer(s) be provided with a helper (usually the best man) who will point out key individuals to be photographed. The photographer(s ) may also require the assistance of the best man in organising family groups. The bride and groom also agree to give the photographer(s) sufficient warning of key events at the wedding to give the photographer time to prepare e.g. Bouquet throwing, cutting the cake, speeches etc. Please note that not all guests at wedding like having their photo taken. In such cases the wedding photographer(s) will use his discretion but cannot be held responsible for a lack of photos of these people.
Wedding Guest Coverage
All your guests will have digital cameras and all your guests will want to photograph the bride and groom. In the spirit of cheerful cooperation the bride and groom agree to give the Photographers precedence over your guests in order to take the photographs required for the wedding services described above. We cannot be held liable for a lack of wedding photos if guests taking their own photos of the bride and groom have continually interrupted the photographer’s work.
The photographer is in the rights to leave the coverage at any stage with no liability to refund or compensate if any antisocial behaviour is present at the booking. This includes but is not limited to; aggressive guests demanding shots, and threatening behaviour, drug taking, fighting, disrespectful language, demands being made on the day that weren't made at the time of booking.
Life Photographic clearly outlines the coverage and package content for your wedding photography. There is no exact wedding format photographers must commit to. So if another photographer offers a difference in service or products this does not mean that Life Photographic should have to offer the same services and products.
Schedule An estimated schedule will be provided to you prior to your wedding day. There may be delays due to traffic or venue access. Life Photographic cannot be held responsible for lateness due to circumstances out of their control.
Digital images are provided to you. Once the images are given to you the booking is complete and Carrie Austin Photography are under no obligation to back up files or provide images on any other occasion. It is HIGHLY recommended that you back up your images once you receive them. If orders are placed for products and Life Photographic no longer has your files, they will be requested to be sent from you.
‘All images’ are provided with the occasional pulled image if I feel technically it is not suitable to pass on. There may be missing reference numbers where images are deleted due to poor light and test shots. This doesn't mean that images are ‘missing’. The photographer has the right to refuse provision of images they feel are no acceptable. Photographers are unable to guarentee 100% of the shots taken are going to be provided. This includes but not limited to: low lighting, blurred, blinking, test shots and unflattering portraits that people would not like to see.
Album, print and products
The wedding contract, unless otherwise discussed and agreed, is for the coverage and digital images. Any orders places outside of this contract will have no relation to this contract. Any failure to fulfil orders placed outside of this contract bear no relation to this contract. An example of which; not fulfilling a wedding album cannot result in complaint of all wedding services.
If at any time there is any aspect of the service you are unhappy or unsure about please contact Life Photographic. Any comments made on social media questioning the commitment or fulfilment of the service will result in a removal request and depending on content possible further action due to comments being public. If the content of social media comment is negative or untrue, the photographer may make the decision that they do not wish to cover your wedding. An explanation shall be put in writing and no refund of booking fee shall be made.
Any complaints should be raised by the client with the photographer, privatley in writing within 28 days of first becoming aware of the matter to be complained of and in any event within 28 days of receipt of the images.
Instalments are not accommodated by Life Photographic. £150 booking fee and full and final payment 8 weeks prior to the day is expected.
Life Photographic – Privacy Notice – Dated: 30th September 2020
WHO IS BEHIND Life Photographic?
Registered office: Stoney House, 26-30 Stoney Street, The Lace Market, Nottingham, NG1 1LL
This website privacy notice describes how Life Photographic (“We” or “us” ) as a controller under the Data Protection Act 2018, protects and makes use of the information you give us and when you use this website. If you are asked to provide information when using this website, it will only be used in the ways described in this privacy notice. This notice is updated from time to time without notice to you, and is published on this page.
WHAT DO WE DO WITH YOUR PERSONAL INFORMATION?
We gather and use certain information about individuals in order to provide products and services and to enable certain functions on this website. We collect personal data from site registrants. If you provide your data and give us permission, we may use your data to maintain Email, Telephone, SMS and offline contact with you. We also collect information to better understand how visitors use this website and to present timely, relevant information to them. In the event you are registering for a Baby/Family/Pet photography session, your details will be sent to one of our Franchise Studios or an Barrett & Coe Approved and Recommended photographer.
WHAT CHOICES DO I HAVE ABOUT HOW MY DATA IS USED?
You may opt out of receiving information from us by e-mail, telephone, fax or post. To exercise your choices, indicate your wishes on the registration form, unsubscribe using the link in our emails, call + 44 77963957887, or email us at email@example.com
You may request a copy of the information held about you by writing to: Life Photographic, Stoney House, 26-30 Stoney Street, The Lace Market, Nottingham, NG1 1LL
WHAT DATA DO WE GATHER?
We may collect the following information:
· Contact information; including email address
· Demographic information such as postcode
· Website usage data
· Other information relevant to customer enquiries
· Other information pertaining to special offers and competitions
WHERE DO WE PROCESS DATA?
We process data at our offices at Life Photographic, Stoney House, 26-30 Stoney Street, The Lace Market, Nottingham, NG1 1LL UK as well as the offices of the studio you may participate in a photography experience, and (under contract) at the sites of data processors and third parties appointed by us.
We apply UK data protection law to our processing.
HOW DO WE KEEP DATA SECURE?
While We have implemented reasonable technical and organisational precautions to protect the security and integrity of personal data provided to our website, due to the inherent nature of the internet as an open global communications vehicle, We cannot guarantee that information, during transmission through the internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. We maintain physical, electronic and procedural safeguards to protect your personal data. We strive to protect information transmitted on or through the website or services, however, We cannot and do not guarantee the security of any information you transmit on or through the website, and you do so at your own risk. We cannot and do not guarantee the security of your data and information. When we use third parties to process your personal data we ensure that we have suitable contractual controls in place with them.
HOW DO WE USE THIS INFORMATION?
Collecting this data helps us understand what you are looking for from the company, enabling us to deliver improved products and services.
Specifically, we may use the data:
· For our own internal records
· To process online orders and online registrations forms
· To improve products and services
· To contact you in response to a specific enquiry
· To send you promotional emails or call you about products, services, offers and other things we think may be relevant to you.
· To contact you via email, telephone, SMS or mail for market research reasons
We do so on the basis that such use of your information is necessary: (i) to fulfil a contract that we have in place with you, (ii) for the purposes of our or a third party’s legitimate interests; or (iii) for compliance with a legal obligation to which we are subject, or (iv) where you have given Us your consent.
Cookies are small text files that are placed on your computer, with your permission, in order to let websites do several important things, including remember what’s in your shopping basket and which pages you have visited.
Life Photographic uses the following categories of cookies:
1. Strictly necessary cookies: These do not require consent and are vital to make the website work properly. This category of cookie may include those which allow online shopping baskets to function.
2. Performance cookies: These cookies generally help the website operator fix bugs or glitches on the website. They may also provide analytics on which web pages are popular, allowing the website operator to improve the quality of the user’s experience.
3. Functionality cookies: These may include settings like “remember me” buttons, language settings, text size and anything that remembers the particular settings chosen by the user. These cookies can be persistent or session cookies, which generally have a longer lifespan than other cookies.
4. Analytics cookies: These analyse our web traffic using analytics packages. Aggregated usage data helps us to improve the website structure, design, content and functions.
HOW TO CONTROL COOKIES
If you wish to prevent cookies being set before you visit this website, or most other websites, you can set your browser to block cookies. Most browsers allow you to do this in their settings.
If you would like to know more about cookies, please visit the ICO website
WHAT HAPPENS WHEN I FOLLOW LINKS ON THE SITE?
If you follow links to other sites from our website your data will be subject to the privacy policies of those sites. You should refer to these policies before providing your data.
CONTROLLING INFORMATION ABOUT YOU
When you fill a form or provide your details on our website, you will see one or more tick boxes allowing you to opt-in to receive marketing communications from us by email, telephone, SMS or post.
If you have agreed that we can use your information for marketing purposes, you can change your mind easily, via one of these methods:
· Send us an email to firstname.lastname@example.org
· Write to us at Life Photographic, Stoney House, 26-30 Stoney Street, The Lace Market, Nottingham, NG1 1LL
We will never lease, distribute or sell your personal information to third parties unless the law requires us to.
Any personal information we hold about you is stored and processed under our data protection notice, in line with the Data Protection Act 2018.
· Your personal data will be retained for as long is reasonably necessary for the purposes listed above or as required by applicable local law. Please contact us for further details of applicable retention periods.
· We may keep an anonymised form of your personal data, which will no longer refer to you, for statistical purposes without time limits, to the extent that we have a legitimate and lawful interest in doing so.
You have the right to: (i) request information on and access to all the personal data We hold about you; (ii) request that any inaccurate personal data We hold be corrected; (iii) to object to certain types of processing of your personal data We carry out (including the right to opt-out of any direct marketing); (iv) request that We delete the personal data We hold about you; and (v) to request a copy of your personal data in a machine reasonable, commonly used format (or to request We transfer your personal data in such a format to a third party service provider). These rights, such as those relating to requests to delete your personal data, will need to be submitted to us. We will consider such requests and respond to you within one month.
WHAT HAPPENS WHEN THIS NOTICE CHANGES?
Changes may be necessary to this notice to reflect legal or data processing developments. If we change the notice we will provide information on our website so that users can review the changes. Any significantly different use of your data will be communicated to you and you will be able to choose whether you agree to the new use.
HOW YOU CAN REACH US
If you have any questions about this notice, please email email@example.com or write to:
Life Photographic, Stoney House, 26-30 Stoney Street, The Lace Market, Nottingham, NG1 1LL
Tel + 44 7963957887