TERMS AND CONDITIONS

 

PHOTOGRAPHY SERVICES TERMS AND CONDITIONS

This agreement contains the entire understanding between ‘Oli Spencer Photography’ and the Client.

Confirmation of booking, either verbal or written, confirms the client’s acceptance of these terms and conditions. These terms and conditions shall not be varied except by agreement in writing.

1. Booking Deposit and Payment: The Client shall make a booking deposit fee of £100 to retain the Studio to perform the services specified in the contract. The remainder of the payment is due in full on the day of tor prior to the shoot. Payment plans or discounts are at Photographer’s discretion.

2. Cancellation: the deposit fee is non-refundable, you can use it to reschedule a new shoot date if given more than 48 hours notice. 

3. All Sales are Final: Due to the custom nature of each session, all sales are final. Refunds will not be provided once raw images are delivered to Client. It is understood by the Client that once the booked shooting slot is complete, and the Client and Photographer verbally agree the images required have been taken before ending the shoot, there will be no refund or compensation on the basis of perceived satisfaction, style, content, composition or editing.

4. Photographic Materials and Copyright: Where photography has been commissioned, the Client and the Photographer agree that copyright is retained by Oli Spencer Photography unless otherwise agreed in writing. The Photographer shall own the copyright in all images created and may use the work for samples, contests, exhibition, advertising and self-promotion. Usage outside the bounds of this agreement will require the Client’s consent.

5. Client’s Usage: Oli Spencer Photography retains all copyright rights to all images created during client’s session, but shall grant an exclusive license to the client to reproduce and publicly display the purchased images. The print release does not allow selling or altering of your images without the Photographer’s written permission. Usage and/or publication of un-edited raw shot are not permitted.

6. Social Media: This clause applies to all social media, including Facebook, Instagram and blogs. When published online it is required that citation of photographer be made. The client agrees that they will under no circumstances alter any photographs that are placed in public on the internet. The client agrees to be responsible for any family member or friend who posts the photographs online and agrees that they cannot be cropped, altered in colour, or edited in any way.

7. Failure to Perform: If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, or other cause beyond the control of the parties, or due to the Photographer’s illness, then the Photographer shall return any funds previously paid to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.

8. Indemnification.
   The Photographer shall be held harmless for any and all injury to the Client during the course of the photography session and the immediately surrounding events. Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business. Client(s) will be responsible for their pets and for themselves and release photographer from any claims against their person or their business.

9. Coverage and Requested photographs: The photographer does not guarantee any specific picture nor to include any specific background, location, prop or arrangement, although every effort will be made to interpret the client’s wishes. It is understood that it is the client’s responsibility to communicate with the Photographer their requirements for their shoot, and can include but are not limited to a shooting list, mood board and reference images. It is understood that the Photographer will allow the Client to view the images during the shoot, thereby encouraging communication to attain satisfaction in the photographic outcome(s). 

10. No right to reject:  It is understood by the Client that there is no right to reject on the basis of style, content, composition or editing.The Client accepts that all photographs will be taken and edited at the photographer’s discretion based on the photographer’s experience and artistic view.

11. Shoot Duration: The shooting time is understood as an approximate of up to 1 hour for Top-up sessions, up to 2 hours for Full headshot sessions and editorial sessions. Sessions can conclude earlier if the Client agrees with the Photographer that they are satisfied with the images captured. Overrunning a shoot due to lateness / client request is at the Photographer’s discretion.
    It is understood that it is clients responsibility to inform the Photographer by email for any date changes or lateness. Oli Spencer Photography is not liable for any claims for messages sent by mobile text messages or social network websites.

12. Delivery of Images: An online proofing gallery of Client’s images will be available for viewing and download within 24 hours of their session. Client will receive a link to access this gallery via the e-mail they provided upon booking. Oli Spencer Photography keeps client files for up to 2 years after the photography session, and is not liable for any claims after this period. All client files will be deleted and backups will be purged after this period. During this time, Photographer encourages Client to download all images and save a copy to a computer and backup hard drive.

13. High-Resolution: Final Retouched Images are deliverable in High-Resolution (or known as High-Res) are 300DPI with 3000 Pixels in the longest edge.

14. Retouching: After Client receives their proofing gallery, they will be asked to make their selections for retouching. Retouching turnaround for individual sessions is approximately 3 - 5 working days after Client makes their order and has the option to include specific retouch requests. Once complete, the retouched images will be added to Client’s online gallery and delivered via a link e-mailed to Client. All deliverable images will have standard image editing (including: light skin retouch, light and colour adjustments). If the client has special requests, these shall create be communicated via the online gallery portal prior to check out. Once a retouch order has been made, they cannot be cancelled or substituted.

15. Extra edits: Additional edits outside the contracted package requested by the Client will cost the client £25 per image if accepted by the Photographer. 

16. Re-shoots are determined at the discretion of the photographer, and are chargeable. Re-shoots will not be given for choices of clothing, make-up, hair or weather related issues, or by not following the recommendations of the photographer, or failing to communicate dissatisfaction during the shoot.

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