Terms and Conditions
Note – For the purpose of this document the term “Photographer” applies to Francesca Low from Flowtography and the “Client” refers to any visitor to the site or individual (whether representing an organisation or not) who orders any product or image.
The session fee covers the Photographer’s time and talent only and does not include any products or images. The session fee is required to be paid at the time of booking and secures the time and service of the Photographer for the photo session. The session fee is non-refundable or transferable in the event of a cancellation except in the circumstances where the Photographer cancels the booking.
The Client may cancel a booked session at any time; if a minimum of 48 hours’ notice is given then the session can be rescheduled with no addition charges. If less than 48 hours notice is given or the Client does not attend the photo session at the agreed booked time then a rebooking fee will be charged. If the Photographer has to cancel a photo session for reasons beyond their control then an alternative session date will be offered to the Client wherever possible.
IMAGES AND PRODUCTS
The session fee does not include any images or products unless otherwise stated. A full pricing list will be sent to each client prior to their session date. It is presumed that every Client has read the price list.
There is no guarantee that any set number of images or proofs will be produced. After the photo session the edited proofs will be available for the Client to view in an online photo gallery after approximately 14-21 days. These proofs will be watermarked to protect the copyright of the images. The proof gallery will be accessible by the Client for 3 weeks during this time the Client will be able to purchase products or images from the Photographer. After this date the online photo gallery will close and will no longer be accessible.
For all orders, payment is due in full at the time of order. All product orders are final and cannot be altered or refunded for any reason. Prices for prints and products are valid for a period of thirty days after the date of the session. Typically a print order is fulfilled between two and four weeks from the ordering session, depending on the type of products orders. The Photographer does not accept responsibility of any delays caused by postal service or supplier interruptions. All orders are presumed to have been received in good condition unless the Client notifies the Photographer in writing of any discrepancy or error within 14 days of receipt. Incorrectly supplied items and items of poor quality can be returned and will be replaced at no extra charge to the Client. Returns will not be considered whereby they are ordered incorrectly or items ordered in error by the Client.
Any proofing image presented to the Client either in person or via the online photo gallery will all be individually corrected for colour balance, density, contrast, etc. Images are also edited in the form of retouching, enhancement, selective area adjustments, textures etc. Retouching means correcting various elements in an image such as litter, distracting elements, and minor physical flaws, (bags under eyes, clearing of skin, minor stray hairs, etc). The Client agrees to grant the photographer total artistic control over the final image.
The Client grants that the Photographer may use any images of him/her or his/her dependents taken at the session for the promotion of its business and services, including but not limited to: website, web blog, studio display, promotional material, and product demos.
The client agrees to relay the details of this contract to any and all subjects involved in the session.
FULFILMENT OF OBLIGATIONS
The Photographer agrees to provide a service to photograph the Client to the best of their ability in accordance with the portrait session selected. The Photographer shall not be liable to the Client for any failure in whole or in part where failure arises as a result of an event or circumstances beyond the Photographers control which may include (but are not limited to) equipment failure, inclement weather, illness or injury. In the unlikely event of a total photographic failure or cancellation of the contract by the Photographer liability shall be limited to a full refund of all monies paid by the client. All images captured rely on the cooperation and willingness of subjects due to this it may not be possible to capture all the pictures requested, or images to the Client’s full expectations. In the event of uncooperative children at a session of any kind, for any reason, the Photographer may not be able to capture any or all the images the Client may have requested or expected. The Client is responsible for all children at all sessions.
SERVICE AGREEMENT AND LIABILITY
The laws of England and Wales shall govern this agreement. These Terms and Conditions shall not be varied except by agreement in writing.
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.
If there is a fault of the Photographer resulting in the Client being unsatisfied with their images then the images will be retaken at no additional charge. If the Client is not satisfied with any products purchased through the Photographer and this is due to a fault of the Photographer then the products will be replaced at no additional charge. Notification of dissatisfaction must be received in writing within one week of receipt of images or upon receipt of products in order to receive a refund or replacement. The Photographer takes all possible steps to ensure that the Client is fully satisfied with their images and products. The Photographer cannot be responsible for any dissatisfaction due to circumstances beyond their control. In the event that photographic materials are damaged or lost through camera or computer malfunction, the Photographer’s liability will be limited to a retake of the session whenever possible or a refund of the cost of the session fee if images cannot be taken. If the session fee must be refunded, the Photographer will have no further obligation to the client.
COPYRIGHT AND REPRODUCTION
The Client agrees that all copyrights and or intellectual property rights for all photographs taken at the session shall be held exclusively by the Photographer. It is a violation of copyright law to allow photographs created by the Photographer to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered without written permission from the Photographer. Permission to reproduce an image for personal use only (not commercial) is granted to the Client by the Photographer only when digital files are purchased and paid in full by the Client to the Photographer. The Client agrees not to scan, copy or re-produce images in any manner without our written release.
The Client agrees for the Photographer to store the Client’s name, contact details and session information on a private internal database. These details will NOT be made available to companies or other individuals. The Photographer may occasionally contact the Client with details of offers relating to the Photographer, if the Client does not wish to receive such e-mails then the Photographer can be contacted by e-mail at firstname.lastname@example.org.
COOLING OFF PERIOD
All purchases of image prints, wall art, frames, albums etc. are non-refundable. Orders cannot be cancelled due to the custom nature of the products. Orders are made to the Client’s personal specification, (i.e. image number, print size, frame style, etc.), because the supply of products and images has been made to the Clients specific requirements, the Client does not have the right to a cooling off period. By placing an order with the Photographer you are committing to buy the ordered products.