In the following terms & conditions “the photographer” shall mean Sian Shipley trading as Sian Shipley Photography
“The client(s)” shall be those whose name(s) appear on the booking form where the terms and conditions have been agreed to.
The copyright Designs and Patents Acts 1988 assign the copyright of the images to the photographer. It is thererfore illegal to copy or alter the photographs by any means.
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. Images will never be shared by the photographer on social media without prior consent.
- License, Coverage and Reproduction:
Photographs taken during the course of the session will be at the discretion of the photographer.
The photographer shall be granted artistic license in relation to the poses photographed and the locations used. The photographer’s judgement regarding these matters shall be deemed correct.
Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs.
Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure. In the rare event of a complete technical failure the session may be re arranged for another time.
All standard portrait packages and additional goods specified on or after the session are supplied at the prices ruling on the date of booking. Or as specified in writing from the photographer to the client before the session takes place.
Goods not specified before the session takes place are supplied at the prices ruling at the time of receipt of the order.
A non-refundable booking fee of £49.00 received along with a booking form will confirm your booking, as well as full acceptance of the terms and conditions as published on the photographer’s website.
Payment in full for products will be due upon order. Orders will not be sent to the client until payment has been received.
Any prints, canvases, frames, albums or any other bespoke prints are to be paid for at the time of ordering and the photographer will not place the order with their supplier until payment has been received.
Titles to all goods remains with the photographer until paid for in full by the client(s)
In the extremely unlikely event that the client needs to complain about the product or service. The complaint must be received in writing within 7 days of receiving the products, including albums, prints, frames, canvases, and digital files.
7. Force Majeure:
The photographer may cancel and will endeavour to put the client(s) in touch with another photographer in the event they are unable to attend the session on the client(s) chosen date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding etc.
In the event of cancellation by the photographer and the client does not wish to rearrange, or in the very unlikely event of total photographic failure, liability shall be limited to a full refund of any fees paid.
8. Ownership and digital negatives:
All digital negatives (computer files) remain the property of the photographer. If the client(s) purchase a digital negative package they will purchase the right to print and distribute the images as they see fit, however the client must not edit or alter the images in anyway without the express permission from the photographer. Digital files will be kept for a minimum of 6 months by the photographer after the contract date. Should digital files be lost or damaged beyond the photographer’s control, liability will be limited to a full refund of any fees paid, the client will not be refunded for any products or files already received. Orders must be placed before the end of a 6 month period after the contract date. The photographer will chose the best images to edit from a session. The images chosen are at the full discretion of the photographer and the photographer reserves the right to only release images that meet their artistic standards. Once the selection has been made, the remaining images will be deleted. The final gallery will contain a minimum of 20 fully edited images.
9. License for the use of Digital Files:
Prints and digital negatives purchased by the client are licensed to the client for any reasonable personal use, including, but not limited to printing, copying, emailing, and web publishing. The license does not include use that results in financial gain, including, but not limited to, stock photography, advertising, resale of any nature in print or digital negative. The clients purchase of digital files releases the photographer from any liability due to loss or damage of the images and release the photography of the obligation to maintain copies of the digital files. The photographer is hereby granted permission to images taken at the clients session for further promotion of its services, including but not limited to portfolio, website, display, advertisement and editorial use. The photographer will use the images for promotion only.
10. Cancellation Fees:
If the client(s) should have to cancel and does not want to rearrange the session then the booking fee of £49.00 will be retained. If the client(s) rearranges the session the booking fee of £49.00 will be transferred onto the new session date. All cancellations must be notified to the photographer no later than 48hours before the session time slot.
11. Personal Accident:
Whilst care and precaution will always be taken and safety will be an up most priority during a photographic shoot, any directions issued to client(s) 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. The client (s) is responsible for the safety of children during a session, the client (s) must ensure that an adult other than the photographer will supervise the children at all times during a session. The photographer holds full public liability insurance.