TERMS AND CONDITIONS

Note – For the purpose of this document Sarah Dickson Photography shall be referred to as SDP. The visitor to the site or the individual (whether representing an organisation or not) who orders an image shall be referred to as the Client.


1) APPLICABLE LAW

a) The laws of Scotland shall govern this agreement. These Terms and Conditions shall not be varied except by agreement in writing.

b) 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.


2) SESSION FEE

a) By booking with SDP you enter into a contract and have therefore agreed to abide by these terms and conditions.

b) Session fees taken for newborn, family, and other portrait sessions are non-refundable except in the event SDP cancels the booking.

c) A session fee is due in full by the Client at time of booking in order to secure the session – no dates will be held without payment of the session fee.

d) The session fee covers the photographers time for the shoot and subsequent editing only, and does not include any images or products.

e) The session fee will be deducted from the price of any package ordered.


3) SICKNESS

SDP understands that children can be unpredictable and fall ill at any time. In the event of sickness prior to the session, the Client agrees to make every possible effort to inform SDP no later than 4 hours prior to the start time of the photography session. The session can be transferred to a new date which will be at the convenience of both parties within a maximum 1 month period. SDP reserves the right to re-schedule outside of this time limit due to any existing commitments. If the Client fails to reschedule within the 2 month time period, SDP has the right to cancel the booking with all payments made non-refundable. In the event of the child falling ill during the session, SDP reserves the right to postpone the photo shoot and re-schedule at the convenience of both parties. In the event of this happening the Client agrees to incur any additional travel expenses.


4) FULFILMENT OF OBLIGATIONS

a) SDP 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.

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

c) 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.

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

e) If The Client is more than 30 minutes late for a session without communication the session is cancelled. A full session fee will need to be paid to rebook.


5) SESSION

a) SPD shall be entitled to use judgement regarding the style and flow of the session. This includes but is not limited to poses, props, number of images taken, and artistic input into the production of the images.

b) Due to the willingness of subjects it may not be possible to capture all the pictures requested, or images to the client’s full expectations.

c) In the event of uncooperative children at a session of any kind, for any reason, SDP may not be able to capture any, or all the images the Client may have requested or expected.

d) The Client is responsible for all children at all sessions.

e) SDP fully edits all images before presenting to the Client. Additional edits are carried out at the discretion of SDP, and SDP reserves the right to charge the Client for additional editing to cover time involved, at a rate of £15 per image. Any additional edit requests MUST be raised by the Client at the proofing stage. Requests not raised at proofing stage will not be considered once products have been ordered.

f) lf the Client does not view or purchase images within three months of the session without arrangement, SDP will assume they are not wanted and will delete all files.


6) PROOF GALLERY

a) There is no guarantee that any particular number of proofs will be produced

b) Low resolution proofs will be available for viewing in an online gallery within 2 weeks of the session date. All orders are due at this time.

c) SDP is not obligated to provide the client with any images that are not already presented to them.

d) The client is responsible for viewing and ordering from their online gallery within 7 days of the images being ready for viewing.

e) For all orders, payment is due in full at time of order. All orders are final and cannot be changed or refunded for any reason.


7) PACKAGES AND PRINTS

a) All images produced by SDP are done on a fully calibrated monitor, and all prints will be a true reflection of the editing carried out by SDP. SDP will not be held responsible for variances in images caused by clients viewing images on non-calibrated screens or monitors. To ensure images are seen as intended it is advised that client views them at SDP studio

b) All prices are subject to change without notice by SDP. No consideration will be given to previous clients regarding product pricing, availability, package structure, or session fees.

c) Payment is due in full at time of order for all packages/products including; digital images, prints, wall-art, etc.


8) DELIVERY

a) All high-resolution images will be delivered to the client via a downloadable private online gallery within 1 week of the order date. The online gallery will be available for clients to download purchased digital images for 14 days after order date.

b) Delivery for prints, wall art or any other additional products may vary and will be advised at time of order.


9) COPYRIGHT & REPRODUCTION

a) It is understood that the copyright of all and any photographs belongs to SDP. No photographs may be copied or reproduced by any means photographic or otherwise by any person or machine other than by the photographer, unless the high-resolution pictures are purchased by the Client.

b) Releasing photographs online by the Client (i.e. Facebook, blog or any other online channels) are prohibited unless the photographer’s company name, Facebook Page and/or Website is tagged or mentioned along with the image.

c) The Client may not alter or add to or manipulate a picture by means of computer or any other technique without SDP’s written permission.


10) IDENTIFICATION

While SDP has taken reasonable care to correctly identify, caption and orientate the pictures, it does not accept any liability for loss or damage incurred by the Client or any third party caused by any errors.


11) RECEIPT OF PICTURES & PRODUCTS

The pictures are presumed to have been received in good condition unless the Client notifies SDP in writing of any discrepancy or error within 14 days of receipt.


12) COOLING OFF PERIOD

a) All digital images, prints, wall art and other products are non-refundable.

b) Due to the bespoke nature of photography, and because the supply of the photographs has been made to the Client’s personal specification, (i.e. image number, print size, frame style, etc.), the Client does not have the right to a cooling off period, refund or exchange on products of any kind once the order has been placed.

c) By placing an order with SDP you are committing to buy the ordered products.


13) RETURNS POLICY

a) Faulty or incorrectly supplied items can be returned and will be replaced at no extra charge to the Client. Please contact SDP within 14 days of receipt if you believe this applies to your order.

c) Returns will not be considered for incorrectly ordered items or items ordered in error.

d) No return, exchange or refund is available on any item once the image proof has been approved, and an order placed.


14) MODEL RELEASE

The copyright of all photographs is owned by SDP. We, the client, give permission to SDP to use any image of our photo session for any general marketing and advertising purposes for SDP. SDP is entitled to use all images produced for i.e. exhibitions, editorials, digital and print marketing incl. social media platforms, publications, educational DVDs and websites, and/or display purposes.


15) IF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE UNDER THE LAW, THE VALIDITY OF THIS AGREEMENT AS A WHOLE SHALL NOT BE AFFECTED, AND THE OTHER PROVISIONS OF THE AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.


16) CLIENT’S OWN CAMERAS AND RECORDING DEVICES

The use of 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 SDP.


17) PRIVACY POLICY

SDP will never share, or allow to be accessed, shared or distributed, any personal or contact information of any client or enquiry obtained by any means. ALL contact information is protected on secure systems and password protected at all times. FOR FULL PRIVACY POLICY STATEMENT SEE HERE.


18) IMAGE RETENTION

a) SDP endeavours to keep all images for a period of 6 months after a completed session.

b) The Client must not rely on SDP for retention of images in case of unexpected data loss.


19) MISC

Although the photographer shall exercise all reasonable skill, care and diligence in the discharge of her duties, it is understood that, in the event of any unforeseen circumstances causing loss of photographic record, the photographer will only be responsible for the return of all monies paid to date, although every effort will be made to re-take the photographs.


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