Portrait Agreement, Studio Policies, terms & Liability Release
In the following Contract the ‘Photographer’ shall mean ‘Elizabeth Lockyer" trading as 'Elizabeth Jane Photography’. ‘The Client(s)’ shall be those persons who will fill out this form.
The client(s) will agree to this digital contract and image release prior to the photo session booking. This agreement must be signed and submitted before any session can begin.
APPLICABLE LAW
The laws of England and Wales shall govern this agreement. These Terms and Conditions shall not be varied except by agreement in writing.
In the event of any conflict between these terms and conditions (including those relating to the time of payment) and those issued or submitted by the Client and in the absence of any contrary agreement in writing these Terms and Conditions shall prevail.
THE BOOKING FEE
The booking fee is due in full by the client at the time of booking in order to secure the appointment. The Photographer will not hold any dates open without booking fee payment.
PAYMENT
Elizabeth Jane Photography will not start any gallery retouching/editing on finalised images until all payments have been finalised. This is to be paid in full before the day of your session or at the latest on the date of your scheduled session.
PRICING
All prices are subject to change without notice by the Photographer. No consideration will be given to previous clients regarding product pricing, availability, or session fees.
(Prices/collections valid at the time of paying deposit/booking will be honoured).
CANCELLING THE SESSION
In the event of an illness or misadventure, please call as soon as possible to reschedule. Elizabeth Jane Photography maintains the right to reschedule at any time should it become necessary but will do her upmost to negotiate a mutual acceptable rebooking. The request must be made no later than 24 hours prior to the start of the photography session.
If you have a sick child and you try to keep the appointment, Elizabeth Jane Photography will most likely request that you reschedule if it is noticed that your child is sick. Sick or uncomfortable children do not like to be photographed and we know that you will not love your images nearly as much as if he or she was in good health. The session can be transferred to a new date at the convenience of both parties.
If the Photographer has to cancel the appointment due to illness an alternative date will be offered where possible. Where not possible, the photographers liability shall be limited to a full refund of the session fee.
For cake smash sessions where the Photographer has commissioned a custom cake, a fee of £20 will be charged towards a new cake if the session can not be moved to the next day or day after because of prior bookings or the child remains ill.
ELECTRONIC DEVICES
Use of personal cameras, camera phones, camcorders or any other recording equipment is NOT permitted during any session, either in the studio or on location, without the express permission of Elizabeth Jane Photography.
SESSION
The images on Elizabeth Jane Photography’s website or social media are from a large number of sessions and it is not possible to offer every pose or set up in each session. Every session is unique to each client. If a particular pose, prop or photo is wanted, the Client must discuss any requests before the day of the session. The Photographer will make every effort to comply with requests for specific photos. However, this will be dependant on the willingness/co-operation of subjects, it may not be possible for all or any of the images requested or expected to be captured.
In the event of an unsettled baby, some requested props or poses may not be suitable and the Photographer will use alternative props or poses. Please note, not all poses and shots are guaranteed.
The Photographer will end the session at her discretion when it is determined that adequate images in terms of quality and quantity have been captured. There will be no refund or credit for unused time.
The Photographer will do everything she can to produce good quality images. However, if your baby or children won’t settle or co-operate resulting in little or no images taken then the Photographer cannot be held responsible. In this instance the Photographer will offer the chance to re-shoot at a time suitable for both parties, although for newborn sessions it cannot be guaranteed that it will be in the 2 weeks time frame.
HEALTH AND SAFETY
1. Cake Smash. The Photographer offers the possibility of cakes professionally made by a third-party at an extra cost of £20 per cake -on top of the chosen photography collection- The client is welcome to bring their own cake.
In the case of a Cake Smash/1st birthday session for which the photographer is supplying the cake, it is the responsibility of the client to make Elizabeth Jane Photography aware, at least 14 days prior to the photography session, of any relevant allergies that the child may have. In this event Elizabeth Jane Photography will not supply the cake and instead the Client is responsible for supplying the cake.
The photographer will not be held liable in the event that a child is found to be allergic to any of the ingredients used to make the cake. The cake will include dairy and egg products. The cake is not gluten free. Items may contain or have come in contact with nuts.
The client understands that use of bright coloured butter-icing may stain skin for a short while and subjects clothes. The photographer will not be liable for any clothes stained.
2. Children. The Client is responsible for the children's safety during the photography session. The Client must therefore ensure that a responsible adult, other than the Photographer, is present at all times to supervise the children. The Photographer can not be held responsible if a child is unwilling to cooperate and this results in poor images, few or no images.
COPYRIGHT/PRINT RELEASE
Elizabeth Jane Photography is the rightful copyright owner of the digital images taken during your sessions. Elizabeth Jane Photography authorizes the owner the right to reproduce the images and make an unlimited number of prints for personal use only.
Original copyright remains with the photographer. The images may be printed but not altered or edited in any way other than by the photographer and alterations is a violation of the copyright.
Elizabeth Jane Photography is not liable for print quality, cropping or colouring of any photos by third parties.
COPYRIGHT AND LICENSING NOTICE
The images that are being provided to you are licensed to you for any reasonable personal purposes, including but not limited to: printing, copying, emailing, and web publishing. Your license does not include use that results in financial gain, including but not limited to: advertising, stock photography, print sale profits, or resale of any nature. Your purchase of the original files releases Elizabeth Jane Photography from any liability due to loss or damage of the images, and also releases Elizabeth Jane Photography from any obligation to maintain copies of any digital file, image, or photographs.
a) Online images. It is illegal to attempt to download, copy, snap shooting, saving, scanning and removing a watermark from any images from the Client's gallery or any image taken and posted online by Elizabeth Jane Photography for any reason.
b) You hereby grant to Elizabeth Jane Photography the right to use and publish images and photographs taken at your photography session for display or marketing purposes. This could include but are not exclusively restricted to: social media, marketing literature, website, editorial use, portfolio or galleries on this website. This is for the sole purpose of promoting my photography so that prospective clients can see the style of images I create.
If you would prefer your child's images not to be displayed in this way please let me know in writing when you book your photographic session. Elizabeth Jane Photography will respect the client's wishes not to publish images on social media.
Elizabeth Jane Photography retains all copyrights to the images and derivative works thereof. By using any the images of your session, you are agreeing to the above terms.
DATA PROTECTION
The Photographer will store the Clients name, contact details and session information privately and will not share these with any other business or organisation.
AGREEMENT
I have read and understood this agreement, including the terms and conditions, and agree to be bound to them.
I am the parent or legal guardian of any minor(s) named above and have the legal right and authority to execute the model release stipulations named in this contract on behalf of the minor. *
Signature:
By booking with Elizabeth Jane Photography and signing this contract you confirm that you have read and understood the contents of the above Terms and Conditions therein.
With heartfelt thanks for your respect.
Elizabeth Jane Photography.
Copyright © 2020 Elizabeth Jane Photography - All Rights Reserved.
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