Terms of Agreement

Amy Wheeler Photography – Terms of Agreement

 These Terms of Agreement can be changed or amended at any time.

By paying your deposit / balance, you are confirming your photography session and agreeing to the terms & conditions below.

 

  1. BOOKING / PAYMENT:

1.1 In order to confirm your booking a non-refundable deposit is payable by return. Once this payment has been received your photo session is confirmed. 1.2 If you have booked within 14 days of your photo session full payment will be required.

1.3 Your balance payment is due by date shown on the invoice or 14 days prior – whichever is sooner. If you have outstanding monies you photo session will not take place until these have been paid.

1.4 The CLIENT will be liable to pay for any extras such as prints, canvas’s, albums and delivery fees of these prior to taking possession of these items.

1.5 Travel expenses (greater than 15 miles from GU29) need to be covered at full cost before the journey takes place.

1.6 Payment is accepted by bank transfer only.

 

  1. CANCELLATION:

2.1 If you choose to cancel your photo session please give as much notice as possible.

2.2 If you choose to rebook, your deposit can be transferred to the new booking on the first occasion if sufficient notice is given – e.g.: minimum 7 days. If you cancel again it is up to the discretion of the photographer to decide if I will transfer the deposit again.

2.3 If you cancel or session and do not wish to rebook you will forfeit your deposit.

2.4 If you cancel outright, the following payments are liable      0 -7 days                  full session fee

                                                                                                               8 - 14 days               50% session fee

                                                                                                                15 days +                   loss of deposit

2.5 The due performance of the contract is subject to alteration or cancellation by me, owing to any cause beyond their reasonable control including, but not limited to, sudden illness/injury/victim of crime, flooding, earthquake, epidemic, pandemic, government advice (including but not limited to measures such as ‘lockdown’, ‘social distancing’) prevailing weather conditions etc. In this instance an alternative date will be offered.

2.6 With specific regards to weather conditions, I will take all reasonable and safe measures to attend your photographic session.

 

  1. PHOTO SESSION:

3.1 Please ensure you notify me of any special requests or changes to your session at least 72 hours prior to the shoot date. I will not be held liable for failure by you in mot making me aware of any requests or changes.

3.2 Please ensure you arrive on time for your photo session. If you are late arriving to the session will have the remaining amount of time allotted to their session. All additional time beyond the scheduled end of time will be billed to you.

3.3 You agree that I am under no obligation to capture any specific moment or pose or persons during the photoshoot.

3.4 Please note that a parent or guardian will need to be present for when photographing children under the age of 18 years of age. I am not DBS checked.

3.5 I cannot be held responsible for uncooperative subjects.

 

  1. WORK PRODUCT

4.1 If I am unable to deliver the photographic materials due to a technological malfunction, including but not limited to camera and processing, or otherwise lost or damaged without fault by me, I will not be liable for any consequential loss arising from this non-delivery, and the liability to you will be limited to the repayment of the amounts paid to me under this agreements.

4.2 All photographs will be shot in digital format. Digital photos will be made available on a private online gallery available for download no later than 3 weeks after the shoot date. Photos will be delivered as high-resolution JPAG files in an online gallery. RAW files will not be provided. When the online gallery is delivered is shall remain open for 90 days from delivery date.

4.3 Be advised that RAW files maybe destroyed at any time after the online gallery has been closed.

4.4 You may download the images from the online gallery for personal use only. Downloaded images must not be reproduced in any form including for the purpose of being submitted to contests, reproduced for commercial use or in any other form, other than as provided for this agreement or with the express written licence by me.

4.5 You will have 14 days after the gallery delivery to make me aware of any issue, discrepancy, technical problem or any other complaint regarding photos, their quality and contents, or anything relating to the session coverage. After this 14 day term has expired, I will no longer be liable to you for any corrections, damages, refunds, re-edits or re-shoots.

4.6 I retains the right of discretion in selection the photographic materials released to you.

4.7 The final post production and editing styles, effects and overall look of the images are left to the discretion of me.

4.8 Any additional editing requirements will be charged at £10 per image.

 

  1. PRINTS, WALL ART AND ADDITIONAL PURCHASES:

5.1 Any prints or wall art will need to be paid for in full prior to the order being accepted.

5.2 Prints and wall art can take approx. 14-21 days to produce, and at peak times can take longer. I will do my best to communicate when these will be available.

5.3 You will need to confirm your order in writing to me – if any queries relating to the order, or the order is incorrect – we will refer back to the written order request.

5.4 If you are unhappy with the prints or wall art please make this known to me within 72 hours.

5.5 Due to the personal nature of the product, I am unable to give exchanges or refunds unless mistakes were made by either myself or the printing company.

 

  1. COPYRIGHT / MODEL RELEASE:

6.1 The Copyright Designs and Patents Acts of 1998 assigns the copyright of the images to me – Amy Wheeler. I therefore own the copyright of the photographs and give you a “personal licence” to use them. You cannot sell or give the digital or print images onto a third party for commercial use without my permission

6.2 I therefore shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within  or on my website and social media platforms.

 

  1. PRIVACY & DATA PROTECTION:

7.1 Amy Wheeler Photography may store your data in a secure private internal database. This data will not be made available to outside companies or individuals.

7.2 Your data will be stored securely for a maximum period of 10 years in case you wish to re-order other product.

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© 2020 by  Amy Wheeler