TERMS AND CONDITIONS
Note: for the purpose of this document Lavender Hill Photography shall be referred to as LHP. The visitor to the site or the individual ( whether representing an organisation or not) who orders an image or photo products shall be referred to as the Client.
The law 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 and those issued or submitted by the Client and in the absence of any contrary agreement in writing these Terms and Conditions shall prevail
BOOKING FEE AND PRICES
By booking LHP you enter into a contract and have therefore agreed to abide by the Terms and conditions. Booking fee is due upon booking and it secures your space in LHP’s calendar and current pricing. Remaining balance is due on the day of the photo session. Shall the remaining balance not being paid within 7 days from the photo session day, the agreement between Client and LHP is cancelled and all photographs taken on the photo session’s day deleted. Client will no longer have the right to the photographs.
Booking fee covers the LHP’s time to prepare for and undertake the photography session, talent and time to artistically editing the images to LHP’s standards, photo gallery preparation and separate gallery viewing appointment. LHP will not hold any dates open shall booking fee not being paid.
Booking fee is non refundable in any circumstances.
All prices are subject to change without notice by LHP. No consideration will be given to previous clients regarding product pricing, availability, package structure or session fees.
Usage of personal cameras, cameras phones or any other recording equipment is not permitted during any photo session without the express permission of LHP.
It is illegal to attempt to download, alter in any way or remove a watermark from any photograph posted online by LHP. Should online image be saved via any means, and used elsewhere without the written permission of LHP, a copyright infringement fee of £500 per image will be applied to avoid court action and must be paid within 28 days.
TRAVEL: A nominal charge to cover travel expenses will be applied for all locations over a 5 mile radius of postcode E17.
PROMOTIONAL SESSIONS/VOUCHERS: all vouchers and photo sessions bought under a PROMOTIONAL pricing are not refundable and cancellations are not accepted, unless from the Lavender Hill Photography’s fault.
FULFILLMENT OF OBLIGATIONS
LHP shall not be liable to the Client for any failure, in whole or in part, to fulfill its obligations where failure arises as a result of an event or in circumstances beyond its control, which may include , but are not limited to, equipment failure, inclement weather, illness, injury or business closure due to uncontrolled circumstances.
The Client understands and accepts that the photographic coverage will be as LHP’s professional expertise determines. Special requests are not binding instructions, although every effort is made to comply with the Client’s wishes.
In unlikely event of total photographic failure or cancellation of the contract neither party shall be liable for indirect or consequential losses.
If Client fails to read the supplied PDF brochures or documents sent by LHP, and therefore fails to carry out required preparations prior to a newborn session, LHP will not be held responsible for any resulting reductions in quality or quantity of photographs proposed for the gallery viewing appointment.
If Client is late for their photo shoot more than 15 minutes without communication the session is cancelled. Full session fee will need to be paid to re-book the photo session and set new date.
8. PREVIEWS, PROOFS OF IMAGES
Although, LHP will do its best to produce more photographs than discussed with the Client there is no guarantee that any particular number of photos will be produced.
All images produced by LHP are prepared on a fully colour calibrated monitor, and all prints will be a true reflection of the editing carried out by LHP. LHP 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 clients views them at LHP studio.
IMAGE PRODUCTION AND HANDLING
Save as otherwise agreed between the Client and LHP , LHP shall be entitled to use its judgement regarding the seller and artistic input in the production of pictures. This includes but it’s not limited to locations, poses and number of images taken. Due till the vagaries of weather and the willingness of subjects it may not be possible to capture all the pictures requested, or to the clients full expectations. In the event of uncooperative children at a session of any kind, for any reason, LHP may not be able to capture any, or only the limited number of images the Client may have had requested or expected. LHP shall not be held responsible and a scheduling of a photo session may be required. In such event, a full session fee payment is requested.
LHP studio is open from Monday to Friday, between 9.00 am and 2.00 pm. There is a very limited weekend availability. If you wish to book your session to take place during the weekend, there is additional fee of £100 payable at a time of booking.
All Newborn Sessions start at 9.30 am due to this being the time when baby is most settled and offers the best chance of achieving a full and varied gallery of images.
Client shall assist and cooperate with the photographer during the photo session. The photographer shall not be responsible for photographs not taken as a result of child’s lack of cooperation, or Client’s failure to provide reasonable assistance and cooperation.
Only the photographer (LHP) shall take photographs during the photo session.
While Photographer (LHP) captures many images during the session, Client will see only those images selected by Photographer (LHP). LHP carefully selects each image to ensure maximum artistry and technical perfection.
There is no possibility to provide all not edited, RAW format files
Client holds full responsibility for own children during the photo session at all times.
Editing and preparation of the photo gallery takes up to 4 weeks time. Editing time depends on how busy LHP studio is busy at a time.
The gallery viewing appointment is arranged within 4 to 5 weeks time from the photo shoot’s date.
Photo Collections include set, in each Photo Collection, number of products. Digital files are available for purchase. Additional Digital file is priced at a minimum of £99 each reserving minimum purchase of 5 digital images.
LHP will edit selected images up to the standard with creative and artistic vision will LHP’s style. Only small skin imperfections will be removed. LHP will not ( but this list is not limited to): change the clothes colour, involve in natural body shape, remove jewellery, stains or objects from the image. Any additional shin edits are carried out at the discretion of LHP and LHP reserves the right to charge the Client for additional editing to cover time involved, at a rate of £10 per photograph. Additional edit requests MUST be raised by Client at the proofing stage. Requests not raised at proofing stage will not be considered once proofing have been ordered.
If the Client will not view and choose images within three months from the photo session’s date LHP will assume they are no longer wanted and will delete all files.
COPYRIGHT AND REPRODUCTION
The copyright in all photographs is owned by LHP. Photographs may be used for advertising, displaying or for general promotion either in print, web or social media.
Copyright is retained by LHP at all times in every place. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of LHP. This includes saving, screen – grabbing and downloading from Facebook and, or other social media.
The Client may not alert our add to, or manipulate a photo by means of computer or any other technique or reproduce a picture in whole or in part as an element within, or as a montage with another photo without LHP ‘s written permission.
Permission to reproduce a photo is granted to the Client by LHP only when a fee for the reproduction has been agreed with LHP and an invoice has been issued by LHP and paid in full by the Client to LHP.
In the event of unauthorised use, the Client shall pay by way of liquidated damages to LHP and unauthorised usage fee of £500 per image, or double the standard reproduction fee for the usage concerned, whichever is greater.
The right to reproduce a picture granted by LHP is personal to the Client and may not be assigned to any third party without LHP’s prior written consent.
The Client will fully indemnify LHP against any unauthorised reproduction of a picture submitted to the Client made by any third party as a result of our arising out any of any breach by the Client of any of these terms and conditions ( including but not by way of limitation the Client allowing a picture or a copy thereof to come into the possession of a third party without LHP’s prior written consent).
Client grants LHP permission to display selected images resulting from this assignment as an example of photographer’s (LHP) work and release all claims to profits that arise from use of image.
Client may only post watermarked images in social media and may not crop the watermark out for any reason.
While LHP is taking reasonable care to correctly identify, caption and orientate the pictures, it does not accept any liability for loss or damage incurred by the Client are any third party caused errors.
RECEIPT OF PICTURES
Pictured are presumed to have been received in good condition unless the Client notifies LHP in writing of any discrepancy or error within 1 day of receipt. By placing an order with LHP you’re committing to buy all ordered products.
COOLING OFF PERIOD
Due to the tailored nature of photographic products and files ( ie. print size, number of photos, frame size and style, album covers and sizes) there is no cooling off period. By placing an order with LHP you’re committing to buy all ordered products.
Incorrectly supplied item and prints of poor quality can be returned and will be replaced at no extra charge to the Client.
Faulty items should be posted to Lavender Hill Photography’s studio with address in London, E17. The Client is responsible for any cost associated with return costs.
Returns are not considered for incorrectly ordered items or items ordered in error.
Due to the digital nature of the product there is no refund available once the images are sent electronically by the Client, and or downloaded by the Client.
No return, exchange or refund is available on any item once the proof has been approved, and an order placed.
USE OF PHOTOGRAPHS AND COPYRIGHT
LHP retains the right in all cases to use the pictures in any manner at any time throughout the world for the purposes of sales l, advertising promotion of their business.
©: Lavender Hill Photography owns all rights and copyright to the images supplied.
Unless, specified in writing, LHP makes no claim or warranty as to the existence of validity of connected there with Model or other releases in respect of the pictures or as regards the reproduction by the Client of any names or trades marks depicted in the pictures. It id the Client who must satisfy himself that all necessary rights, releases or consents required for reproduction have been obtained.
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.