1.1 The terms and conditions set out in this Schedule are the “Terms and Conditions” referred to in the key terms to which this Schedule is appended (the “Key Terms”). Any term capitalized in these Terms and Conditions will have the meaning given to that term in the Key Terms unless specifically defined in these Terms and Conditions.
1.2 If there is any inconsistency between the provisions of the Key Terms and these Terms and Conditions, the provisions of the Key Terms will prevail.
2.1 We will use all reasonable endeavours to hold the Photo Shoot on the Photo Shoot Date, at the Photo Shoot Location, subject to our cancellation, rescheduling and refund policy set out in section 8 below.
2.2 Due to the nature of the subjects of the photographs we take during your Photo Shoot (“Photographs”), we cannot guarantee any particular outcomes or guarantee the fulfilment of any specific requests for the Photo Shoot. However, we will conduct the Photo Shoot using professional skill and care.
2.3 In any event, we will endeavour to accommodate any reasonable requests from you regarding the artistic direction of the Photo Shoot, but the Photographer retains absolute discretion as to the nature of the Photographs.
2.4 A parent or guardian must be present at all times if we are photographing children. You must not take any photographs during the Photo Shoot without first obtaining permission from the Photographer.
3.1 This section does not apply if you have selected an “all inclusive package” option where we select the Photographs to be included in your Package. Please refer to section 4 if you have selected this option.
3.2 Following your Photo Shoot, we will prepare and make available a selection of proofs of the Photographs from your Photo Shoot (“Your Proofs Gallery”). We will present Your Proofs Gallery to you via an online gallery (refer to section3.5, 3.6 and 3.7). In either case, we aim to have Your Proofs Gallery ready within 14 days of the Photo Shoot Date, but during busy periods this timeframe may be extended.
3.3 The number of Photographs in Your Proofs Gallery will vary from session to session. We will take into consideration your specific requests as regards the contents of Your Proofs Gallery, but we retain absolute discretion regarding:
(a) which Photographs we include in Your Proofs Gallery (it being acknowledged that not all Photographs taken during the Photo Shoot will be included); and
(b) the application of any digital editing to any Photographs.
3.4 Requests you make for specific corrections to images, or re-editing of images, may attract additional costs. Please note that we do not provide raw images.
Viewing Your Proofs From an Online Gallery
3.5 Your Proofs Gallery will be presented as an online gallery comprising low resolution web-sized watermarked files. We will advise you by email when Your Proofs Gallery is ready for you to view. Your Proofs Gallery will be available for 72 hours from the date of the email. Unless otherwise agreed by the Photographer, you must make your selection of Photographs, Package and Artwork Products within this availability period, as well as making payment. We reserve the right (at our option) to charge a fee for extending the availability of Your Proofs Gallery, or to delete Your Proofs Gallery and all Photographs if you do not place an order and pay the part of the Package Fee due at the time of placing the order during that time.
3.6 Your Proofs Gallery may be subject to password-protection. Only you may access Your Proofs Gallery. You are solely responsible for maintaining the confidentiality of any password we provide and you may not disclose your password to any other person. You agree to accept responsibility for all activities that occur through use of your password by a third party.
3.7 You acknowledge that: (i) your access to and use of Your Proofs Gallery may be suspended during any unanticipated or unscheduled downtime or unavailability of any portion or all of our website, including as a result of power outages, system failures or other interruptions; and (ii) we are entitled, without any liability to you, to suspend access to any portion or all of Your Proofs Gallery and/or our website at any time (a) for scheduled downtime to permit us to conduct maintenance or make modifications to Your Proofs Gallery or our website; (b) in the event of a denial of service attack or other attack on our website and/or our servers or other event that we determine, in our sole discretion, creates a risk to you or to any of our other users; or (c) if it is necessary or prudent to do so for legal or regulatory reasons (collectively, “Service Interruptions”). Where practicable, we will endeavour to post updates on our website regarding any Service Interruption and resumption of service following any such suspension, but we are not liable for the manner in which we may do so or if we fail to do so and we shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Interruption.
4. all inclusive packages: photographer selection of photographs
4.1 If you have selected an “all inclusive package” option where we select the Photographs, we will take into consideration your specific requests as regards the Photographs to be included in your Package, but we retain absolute discretion regarding:
(a) which Photographs we include in the Package; and
(b) the application of any digital editing to any Photographs.
4.2 Requests you make for specific corrections to images, or re-editing of images, may attract additional costs. We also accommodate specialist or bespoke requests for retouching of Photographs at additional cost. We may need to refer certain retouching services to our third party partners. We will advise you of the costs upon request. Please note that we do not provide raw images.
5. Artwork Products
If you order an Artwork Product, a proofed layout of the Artwork Product, together with any options available to you, will be submitted to you for approval before the Artwork Product is printed. You may request reasonable changes as part of the approval process, but some changes may be subject to additional charges. We will advise you if additional charges apply. We will not submit any Artwork Product for printing unless and until the proofed layout has been approved by you and you have confirmed your options (where available). You will be liable for any costs associated with any changes requested after you have approved the proofed layout.
We will let you know when you place your order when to expect to receive the Package and Artwork Products (as applicable). Lead times from receipt of your order and payment typically start at three weeks for digital images and up to four to six weeks for some Artwork Products. Any delay in payment of fees payable to us will affect the delivery period. If your Package includes digital images, these will be delivered on media storage by post to the address specified in the Key Terms. Artwork Products will be delivered to the address specified in the Key Terms. Risk in the Package and Artwork Products will pass to you upon delivery.
7.1 Your Photographs may be destroyed or archived at our discretion after the expiration of the applicable ordering period referred to in these Terms and Conditions. Subject to receipt of an order for a Package or Artwork Products and payment of the Package Fee, we will destroy your Photographs after a period of 6 months (this refers to the raw files and high resolution edited images and does not include any images being used for advertising/competitions/social media) . We are happy to archive your Photographs beyond this period, subject to payment of the storage fee we specify.
Any orders placed once your Photographs have been archived will incur a retrieval fee, in addition to the cost of the order.
At your request and subject to payment of any fees we may charge, we may agree to reinstate a Your Proofs Gallery that has been archived, or extend the viewing period for a Your Proofs Gallery that is still active. We are unable to reinstate a Your Proofs Gallery that has been destroyed.
8. Cancellation, RESCHEDULING and refund policy
8.1 Legal right of cooling off. You have 14 days after the day we accept your booking to cancel the Photo Shoot; this is called the cooling off period. However, once we have completed the Photo Shoot you cannot change your mind, even if the cooling off period is still running. If the cooling off period is still running and you decide to cancel after we have started the Photo Shoot, you must pay us for the services provided up until the time you tell us that you have changed your mind We will refund you the Total Session Fee by the method you used for payment within 14 days, less the cost of any photography services already provided up to the time of cancellation (including any Supplemental Session Fees). We offer additional cancellation rights that apply once the cooling off period has expired. These are set out below.
8.2 Additional Cancellation Rights. In addition to your legal rights referred to above, you are entitled to a full refund of the Session Fee if you cancel your Photo Shoot no later than 14 days prior to the Photo Shoot Date. Except in exceptional circumstances and in our sole discretion, we are unable to refund the Session Fee if you cancel after this date, but you may request that the Photo Shoot Date is rescheduled. Any Supplemental Session Fees paid or payable to a third party are only refundable to you following cancellation of the Photo Shoot if we are ourselves able to obtain a refund from the third party.
8.3 If you wish to cancel the Photo Shoot, please contact us using the phone or email details in the Key Terms. Alternatively you may complete and email to us the form attached to these Terms and Conditions.
8.4 We may cancel your Photo Shoot for any reason prior to the Photo Shoot Date. We will then provide a full refund of the Total Session Fee, unless we agree a rescheduled Photo Shoot Date with you.
8.5 We may terminate your Photo Shoot on the Photo Shoot Date if we consider there are extenuating circumstances, for example, inappropriate behaviour or a Model is ill. We are not required to reschedule the Photo Shoot or refund any of the Total Session Fee to you in these circumstances.
8.6 You should give us as much notice as possible if you wish to change the Photo Shoot Date. Occasionally, we may need to reschedule the Photo Shoot Date (for example, weather conditions and events outside our control) and, in such event, we will give you as much notice as possible. We will use reasonable endeavours to reschedule the Photo Shoot to a date that suits you, but cannot promise that an appropriate date will be available.
8.7 You may reschedule the Photo Shoot Date once at no cost to you, after which you must pay a fee equal to 50% of the Session Fee each you time you wish to further change the Photo Shoot Date. Any Supplemental Session Fees paid or payable to a third party are only refundable to you following rescheduling of the Photo Shoot if we are ourselves able to obtain a refund from the third party. You may be required to pay further Supplemental Session Fees in connection with the rescheduled Photo Shoot Date.
8.8 Rescheduled Photo Shoot Dates may not be cancelled.
Newborn Photo Shoots
8.9 For Photo Shoots of newborn babies, we schedule the Photo Shoot to take place between the 4th and 21st day of your baby’s due date.
8.10 If your baby’s actual birth day means the scheduled Photo Shoot does not fall within this period, then we will usually offer you an alternative date that falls within the 21 day period following your baby’s birth. If the Photographer is not available during that period, we will:
(a) offer you the next available date; or
(b) if that date is not acceptable to you, provide you with a full refund of the Session Fee (in which case, your contract with us will terminate).
Defective Items and Returns
8.11 We are under a legal duty to supply Packages and Artwork Products that are in conformity with these Terms and Conditions. You should check your delivered Package and Artwork Products and advise us in writing of any defects or errors as soon as possible. Nothing in these terms will affect your legal rights.