9 Kingfisher Drive, Haywards Heath, West Sussex, RH16 4TX

Email: Louise@Louisefergusonphotography.co.uk       Mobile: 07951 575216

Terms & Conditions

In the following Terms and Conditions:

 “Business”shall mean  Louise Ferguson Photography

 “Client(s)”shall mean “You” the Parties to the Contract;

“Event”shall mean the Event title inserted into the Contract;

“Photographer(s)”shall mean Louise Ferguson Photography

“Products” shall mean any USB’s, albums or other items listed in the Contract;

 “Services”shall mean photography to be carried out at the Event and any other Services agreed between the Client(s) and the Photographer and set out in the Contract;

It is agreed that the following terms and the Contract set out the entire agreement made between the parties, and that no variation or modification of the contract shall be effective unless agreed by both parties in writing.  Each party acknowledges that, in entering into the contract, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in the Contract and these Terms & Conditions.

Session Fee

The Photographer(s) will confirm the Photo Shoot, Date, Time, Services upon receipt of cleared funds in respect of the Session Fee. The Session Fee is held as a deposit and in the event of a no show to the photoshoot on the agreed date and time, the Session Fee becomes non refundable. The Session Fee is not transferable to any other session.

Should you decide that you do not wish to purchase any images following your viewing and purchasing appointment, the Session Fee will be refunded in full and any images from the session will be deleted.

Special Offers

Where your booking has been made using a promotion or special offer, it is also subject to the offer terms and conditions, which are available to view on the Photographer’s website. These conditions run in conjunction with the standard T&C listed in this document.

Payments

Payments for session fee’s or package / wall art purchases must be paid within 3 days of receipt of the client(s) invoice. Payment can be made by credit cards, debit cards (a 2.5% surcharge applies to credit card payments) or bank transfer. Purchases of packages and images made at the client(s) viewing appointment require payment at the session, by debit or credit card. Orders for images / wall art will not be processed until payment has cleared.

Failure to make a session fee payment by the dates stipulated may result in cancellation.

Bank details provided on request

The Photoshoot

The photographer shall not be liable to the Client for any failure, in whole or in part, to fulfil its obligations where failure arises as a result of an event or circumstances beyond its control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury.

The Client understands and accepts that the photographic coverage will be as the Photographer’s professional expertise determines. Special requests are not binding instructions although every effort is made to comply with the Client’s wishes.

In the unlikely event of total photographic failure or cancellation of the contract by either party or in any other circumstances the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential losses.

If Client fails to read the supplied preparation document and therefore fails to carry out required preparations prior to a newborn session, the Photographer will not be held responsible for any resulting reductions in quality or quantity of images supplied.

If Client is more than 15 minutes late for a session without communication the session is cancelled. A full session fee will need to be paid to rebook.

Camera policy & mobile phone camera are not permitted to be used during a photoshoot or viewing session, without prior permission from the photographer. Persistant use of these items will result in the photoshoot being terminated by the photographer

Allergies

It is the responsibility of the client to advise of any allergies which may impact the photoshoot. In respect of a cake smash session, any food allergies or intolerances must be advised at the time of booking. The Photographer accepts no responsibility for any outcome should they have not been advised.

Viewing / Purchasing Appointments

The client(s) will be invited back to the studio for a viewing & purchasing appointment. This will take place within 2 weeks of the session. A date for this appointment will be agreed at the end of the photoshoot.

Due to the time required to manage multiple clients, the photographer(s) requires 48 hours notice prior to the viewing appointment to reschedule. Each client will be given one viewing appointment included within the contract. Further viewing appointments are available at a charge of £80. This fee also applies for secondary appointments whereby the client did not attend their first appointment as agreed.

The photographer(s) does not supply images to view in an online gallery.

Purchase of Images & Wall Art

The client(s) will decide upon the package, images and wall art that they wish to purchase at the viewing session. It is important to therefore the the client(s) bring the following with them to the session

–       Any person who may wish to input into the purchasing decision

–       Credit or debit card for payment

–       Measurements of any space in which the client(s) may wish to display wall art

Upon full payment for the order, the order will be processed and the order is non changeable & non refundable.

Should the client wish to purchase a couple of digitals and or prints rather than one of the packages available, this is fine to do so. Due to the time involved in processing print orders, images for USB’s and administration of your order, a minimum order amount applies which is the equivalent cost to the lowest priced package for your session. For example, the minimum order amount for newborn sessions is £299

Wall art orders may take up to 4 weeks to arrive

Receiving your Image & wall art orders

Orders are inspected and packaged up for the client by the photographer. The client will be advised when their order is ready. The order can be collected from the studio at an agreed time or should the client(s) prefer, orders can be sent to the client by courier. Should the client opt for a courier delivery, the client is liable for the cost of this service plus insurance to cover the cost of potential loss or damage to the order.

Due to problems with lost or damaged items, prints & USB’s will not be posted via royal mail. A courier must be organized for all items.

Payment Plans

Louise Ferguson Photography offers a payment plan for purchases over £400. Payment plans allow clients to spread payment for wall art and image packages over a 3-month period, as follows:

Initial invoice payable at viewing appointment – 50% of total cost

Payment 2 – 25%

Payment 3 – 25%

Payments should be made by 31stof the month. Missed payments or failure to complete the plan will result in loss of monies paid. Orders for images will be processed when the balance is paid in full.

Should the client(s) opt for a payment plan, you will be asked to sign a contract agreeing to the above terms

License and Coverage:

The Photographer(s) shall be granted artistic license in relation to the poses photographed and the props used.  Although every effort will be made to comply with the Clients’ requirements, the Photographers’ judgment regarding the poses, props and number of photographs taken shall be deemed correct and not subject to dispute.

Whilst the Photographer(s) shall endeavour to fulfil the Clients’ requirements, the Photographer(s) cannot be held responsible for non-availability of subjects or adverse conditions which may hamper the ability to obtain certain specified shots.

Any alterations made to this Contract by the Clients once details have been confirmed may only be made at the discretion of the Photographer(s) and should be agreed in writing. Where the Photographer(s) is unable to accommodate alternative arrangements (such as change of date and or venue) the Photographer(s) are not liable to compensate the Client(s) in any way whatsoever.

Use of Your Data

I need your basic personal data in order to provide you with information about photography services in accordance with our contract. I will not collect any personal data from you that I do not need in order to provide and oversee this service to you. Images are also considered to be personal data. Please see my privacy policy for more information on how your data will be stored, used and the duration that data retained. http://louisefergusonphotograp…

Use and Display of Images

In line with GDPR legislation brought in, in 2018, clients must specify where they are happy for the photographer(s) to use their images for marketing and promotional purposes.

At your session you will be asked to complete a model release form stipulating your agreement to use of images for marketing and PR purposes. If you wish to opt out of this, you may stipulate this on your form. The photographer(s) may choose to use the images in marketing materials such as leaflets, business cards and banners, on their business website, in a blog linked to their business or another family business, in press releases or articles, on business social media pages or on display in studio or other locations as wall art.

Image and Reproduction

All print and presentation sizes quoted are approximate and subject to change at the discretion of the Photographer(s) and may be subject to slight variation.  Whilst every effort will be made, the Photographer(s) cannot guarantee exact colour matching and is not held responsible for any colour variations which may occur due to light and location variations. 

Due to limitations of computer monitors and variations of computer operating systems, it is understood that images viewed via this method may appear differently according to the specification of each monitor/computer and that prints may not match images rendered on any particular computer monitor.

Only quality branded USB’s are used and each is checked prior to delivery.  However, it remains the responsibility of the Clients to check for in-transit damage. The Photographer(s) cannot be held responsible for damage to equipment resulting from defective media. 

In accordance with the data retention schedule and GDPR, the photographer will retain copies of your images for a limited period of time. It is strongly advised that you back up your images to a cloud based server or external hard drive to avoid the possibility of loss. Should you require new copies of your images, an administration charge of £50 will be applied.

Retouching

All images are edited to the photographer’s style and discretion. Should the client wish to request further retouching or digital manipulation, this is available to the Client as an optional extra. Cost will be supplied on request.

Reorders

All reorders shall be treated as an extension of the Contract and no responsibility for any error will be accepted unless orders are provided in writing.

Products

In the event a product (such as an album) is no longer available a suitable alternative of similar quality will be offered.  The photographers’ choice of an alternative will be deemed as correct and acceptable to the Client(s). Any surcharge resulting from the order of a new product following rejection of a replacement will be the responsibility of the Client(s).

Ownership

Any negatives and/or digital files shall remain the sole property of the Photographer(s) at all times.  

All completed albums and products shall remain the property of the Photographer(s) until full payment is received.

Copyright

Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988 and remain the copyright of The Photographer(s) at all times unless there is express written agreement to the contrary.  It is contrary to the Act to copy or allow to be copied photographically, electronically or by any other means an image created as part of this contract without the written permission of the Photographer(s). Editing or adding filters to any digital images is also prohibited.It is illegal to attempt to download, or to attempt to remove a watermark from, any image taken and posted online by the photographer. Should an image online be saved via any means, and used elsewhere without the written permission of the photographer, whether the copyright has been removed or not, a copyright infringement fee of £1000 per image will be applied to avoid court action, and must be paid within 28 days.

Use of Images by the client or any 3rdparty for business or advertising purposes outside of the use of the Photographer is strictly permitted without prior written agreement. Where agreement is obtained, the Photographer must always be credited in writing alongside the image.

Insurance & Limitation of Liability

The Photographer(s) will maintain Public Liability and Professional Indemnity insurance at all times. However, in the unlikely event of a total photographic failure or cancellation of this Contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the Contract. 

Neither party shall be liable for any indirect or consequential loss.

Force Majeure 

The due performance of this contract is subject to alteration or cancellation due to a Force Majeure Event.  A Force Majeure Event means an event beyond the control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources.  For the avoidance of doubt, it does not include circumstances where the Photographer(s) attend an Event to perform the Services and any of the Parties fail to attend.

Cancellation

Where the Photographer(s) has to cancel the Event, due to circumstances beyond his/her control the full amount of the Session Fee and any further payments received will be returned to the Client(s).

Where it is possible a re-shoot may be arranged (if practicable) however, the Photographer(s) will not be responsible or liable for any additional costs incurred by the Client(s).

Should the Client wish to cancel this contract at any time, Notice of Cancellation must be given in writing to the Photographer (s).  In such circumstances, the Client will be liable to lose the Session Fee paid to the sum of £95 

Where an Event is postponed* until a later date, the postponement will be treated as a cancellation in accordance with the above payment structure. If the photographer can accommodate the date a 50% allowance of the amount due will be transferred to that new date and a  new contract will be commenced.

*This applies to all sessions with the exception of newborn photo shoots

VAT

All prices quoted include V.A.T at the prevailing rate (if applicable).

Complaints

All complaints should be raised by the Client directly to the Photographer in writing within 14 days of the occurrence which gives rise to the complaint. The Photographer will consider the complaint and shall provide a response to the Client within 14 days of receipt of the Complaint.  In the unlikely event of an unresolved complaint the Client may request the Guild of Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.

Notices

Any Notice relating to this contract should be in writing and sent by recorded delivery to the address stated in the Contract.  

Governing law and jurisdiction

The parties irrevocably agree any dispute arising out of this contract shall be governed and construed in accordance with English Law and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim

 

 

 

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