PHOTOGRAPHY SESSION – TERMS & CONDITIONS
In the following terms & conditions, “the photographer” shall mean Rachael Phillips Photography as Rachael Phillips Photography. “The client(s)” shall be those persons defined in correspondence. 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.
NEWBORN POSED PORTRAITS:
If you are booking prior to giving birth (which I recommend) I will allocate a provisional date which can be changed depending on when you give birth if necessary. The Creative Fee covers the time and talent of the photographer, professional editing of images and the production of a private online gallery for viewing and selecting your images as well as the use of my props and accessories during the shoot.
If your baby is unwell, I will re-schedule the session. If your baby will then be over 4 weeks old this may be moved to a sitter session or a more appropriate photo shoot for an older baby if necessary.
Your online gallery will be ready approximately 3 weeks after the session and will include an average of 30 to 60 images – this depends on how settled your baby is during the session.
Your gallery will contain a selection of the best images from your session that will have been very gently edited. You will not be able to view all the images taken at the session or access the RAW unedited files at any time. You may not alter or add to or manipulate an image to be used on Social Media.
My edited images reflect the quality and style of my work and as such cannot be misrepresented.
Images are edited in line with the style presented on the Rachael Phillips Photography website and any online gallery links the Client may have been emailed. Each image is individually digitally edited in Rachael Phillips Photography’s style. Digital image editing includes cropping, white balance correction, straightening, exposure and contrast adjustments, colour adjustments, and lens correction where applicable, and for portrait sessions, it includes skin smoothing and removal of temporary skin imperfections as necessary, such as baby acne or blemishes. Retouching services e.g. removing an object from an image or changing the physical appearance of a person, such as a hairstyle or a tattoo removal, is available for an additional charge if the requested edit is feasible, but such editing is not done as standard as this is not exemplary of Rachael Phillips Photography’s imagery style. The client is responsible for the personal appearance of each person featured in the photography session as well as the appearance of their home if used as the photographic location.
High-resolution images are used when printing. If your package contains any digital files you will be given a print release, allowing you to produce multiple print copies and photographic products and to share online on Social Media or via email with family and friends. You cannot sell the images for commercial or private purposes or enter the images into a competition as the copyright remains with Rachael Phillips Photography at all times. Failure to adhere to this would result in a fee of £1000 per image being charged, with payment due within 28 days. Rachael Phillips Photography retains the right in all cases to use the pictures in any manner at any time throughout the world for the purposes of sales, advertising or promotion of its work.
Any complimentary media size file given will have Rachael phillips Photography’s logo on it, this is not to be removed or edited in any way.
If you have an online gallery, it should be with you approximately 3-6 weeks after your session. Images will only be kept on file for a maximum of three months after your session so ordering must take place within this time frame. All our images are protected by copyright law, and it is illegal to screenshot them from your viewing gallery. Any breach of the above will result in the commencement of legal proceedings, and I will be forced to remove this option of viewings in the future.
An agreed non-refundable booking fee is required at the time of booking in order to reserve and secure chosen time and date. The booking fee shall be applied to all Portrait sessions, including mini-sessions. Booking fees are non-refundable.
A booking fee is required immediately to confirm the chosen session ie: offer, promotion or session time/date.
Payment for all extra items ordered must be made at the time of ordering. Prices for prints, wall art, albums, digital images, mounts and framing options are available upon request.
Any payments must clear before products are made available.
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, unless agreed otherwise.
Rachael Phillips Photography shall be granted creative and artistic licence in relation to the choice of locations and poses used. Rachael Phillips Photography’s judgement on photographic style and the number of photographs taken shall be deemed correct. Some photographs may not be possible due to changes in the weather and the availability and willingness of subjects or props, Rachael Phillips Photography will do their best to honour any requested photographs, but will not guarantee any specific picture nor incorporate any specific background, location or group arrangement.
The 1998 Copyright, Designs, and Patents Act assigns copyright to Rachael Phillips Photography 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 any way. You may not copy the photographs taken under this contract, 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 Rachael Phillips Photography’s 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. She will do her best to find a replacement first, however, this can not be guaranteed.
If Rachael Phillips Photography 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 Booking fee of £20 shall be required to rebook.
Cancellations MUST be in writing and you shall not receive a refund.
POSTPONEMENT DUE TO ADVERSE WEATHER:
If the appointment has to be cancelled by Rachael Phillips Photography due to adverse weather conditions a new, mutually agreed appointment will be made.
Please address any complaints to Rachael Phillips Photography by email or writing to
RACHAEL PHILLIPS PHOTOGRAPHY
3 Northfield Close
We 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 Rachael Phillips Photography, 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 photo session does not fulfil your expectations a rescheduled photo session shall aim to put your concerns right. Booking fees are non-refundable due to holding a date and time in my diary.
Promotions and offers are non-refundable as standard. These discounts are in place with the terms attached to the booking fee.
Rachael Phillips Photography will try to provide a safe environment for photo sessions, but some aspects are out of the photographer’s control, including but not limited to, cables, hot light bulbs, edges of backgrounds and light stands etc.
I ask clients to take extra care when entering a working place/home set-up. Please ensure you don’t let your children play with studio lights and props.