Family Photography Terms and Conditions
This agreement is between the client booking the photography session (hereinafter referred to as the “Client”), and LAL Photography, hereinafter referred to as the “Photographer”.
It is mutually agreed that the following terms of agreement between Photographer and the Client, form an integral part of this contract and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
The Client and the Photographer consent to happily cooperating and communicating with each other to achieve the best possible result within the understanding of this contract. The Photographer will not be held responsible for uncooperative subjects. If the Client is unhappy with the resulting images, one re-shoot will be offered but this cannot be exchanged for cash. It is in the Client’s best interest to ensure children are fed, changed and as comfortable as possible to ensure a smooth and happy experience for all.
Upon booking, the Photographer will reserve the time and date agreed upon and will not make other reservations for that time and date. Full payment is required no more than 7 days before the session. Client agrees if this is not paid at the time specified, the Photographer cannot guarantee to attend your Portrait Session.
If the Client cancels the Portrait Session, an unconditional refund policy exists up until seven (7) days prior to the reserved date, at which point the Photographer shall retain the full payment. Should the cancelled appointment turn out to be a postponement, then, subject to the Photographers availability, all monies paid may be applied to the new appointment. If the appointment must be cancelled by the Photographer due to adverse weather conditions a new, mutually agreed appointment will be made. The Photographer will not be responsible for any further costs incurred from a new appointment. The Client needs to provide a minimum of 7 days’ notice for a cancellation or the balance of the outstanding costs for their chosen package must be paid. If the Client is late to the Portrait Session, the Client understands that this may result in a missed slot due to other bookings and considered a cancellation. Whether to continue with the session is at the Photographer’s discretion.
Limit of Liability
In the unlikely event that the Photographer is injured, becomes too ill, or has an emergency that prevents them from attending the Portrait Session, the Photographer will make arrangements to re-schedule the Portrait Session. If a suitable day for reschedule is not agreed upon, the Client agrees that responsibility and liability of the Photographer to the Client is limited to the return of all payments received for the Portrait Package. In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the Photographer’s control, including but not limited to camera, hard drive, or equipment malfunction, the Photographer’s liability is limited to the return of all payments received for the Portrait Package. The Photographer will maintain public liability and professional indemnity insurance at all times. Neither party shall be liable for indirect or consequential loss.
Payments and Prices
Prices stated are in Pounds Sterling (£). The final payment for photo shoot packages is due 7 days before the session date. All prices are subject to change at any time.
The Client agrees that no photographs, digital or prints, will be delivered until full payment is received. Digital processing takes approximately two (2) weeks and proofs will be provided to the Client within this time. Photographs will be provided to the Client in an online gallery no more than fourteen (30) days after the Portrait Session. Timescales for products purchased will vary as this is at the discretion of our suppliers, these must be collected by the Client from the business address.
Digital Negatives, Prints and Copyright
The photographs, digital negatives or prints produced by the Photographer, are protected by International Copyright Law (all rights reserved) and the Photographer retains copyright to all photos and images produced. If the Client purchases any digital images the Photographer grants the Client permission to reproduce any images under the following conditions. The images taken by the Photographer are for personal use by the Client and their friends and relatives, this includes licence to print at any suitable photographic printers. Sale, Publication or any Commercial use of the photographs is not allowed without prior written permission from the Photographer. It is contrary to Copyright Law to copy, publish, reproduce or store images electronically unless you have been given permission by LAL Photography. Alternation of any images handed to the Client is strictly forbidden by anyone other than the original Photographer. The Client may not pass copies of any images to any other professionals without the prior consent of the Photographer, and then if permission is granted only small file watermarked versions can be shared and the said professionals must link back to www.lalphoto.com. RAW images will remain the property of the Photographer and cannot be transferred to the Client or purchased. The Photographer will keep any purchased images on file for six (6) months. Any images that have not been purchased will be deleted after eight (8) weeks.
Licence and Coverage
The photographer shall be granted artistic license in relation to the poses photographed and the locations used. Although every effort will be made to comply with the Clients requirements. The Photographers judgement regarding the location, poses and number of photographs taken shall be deemed correct. This also includes post-production decisions, such as images presented in black and white, or in a particular style. Whilst the Photographer shall endeavour to fulfil the Clients requirements, they cannot be held responsible for adverse conditions which may delay the progress of proceedings, preventing the coverage of certain specified shots. Any alterations made to this contract by the Client once details have been confirmed, may only be made at the discretion of the Photographer and should be agreed in writing.
The Photographer is allowed to have full artistic licence with editing and any images that are chosen to be edited in black and white cannot be converted back to colour, the Client can request black and white versions of any colour images but these will count as re-edits and thus chargeable, it is against copyright law for the Client or anybody other than the original Photographer to change these images to black and white. If any re-edits are required after images are handed over two (2) images can be re-edited free of charge. For each additional image to be re-edited there is a £5 charge.
Health & Safety
Photo shoots may involve some physical activity and/or use of props, which is undertaken at the Clients own risk. If the Client has children who have a history of medical problems that need to be considered prior to the photo shoot, it is the Client’s responsibility to let the Photographer know well in advance. Whilst the Photographer will always ensure a safe environment for the photo shoot, it is the Client’s responsibility to ensure that all children are supervised and remain safe at all times to avoid danger caused by the misuse, handling, or interference of equipment or the surroundings. The Client expressly releases the Photographer from all claims, damages, and liabilities that may result from accidents or incidents that occur during the Portrait Session. This waiver of liability includes waiver of any claim that may be a result of negligence.
Force Majeure and Safe Environment
If the photographer cannot perform or believes they may not be able to perform this agreement in whole or in part due to fire, natural disaster, act of war or terrorism (domestic or foreign), epidemic or pandemic (including COVID-19), action of any governmental authority, national or regional emergency, other casualty, act of God, or other cause beyond the control of the parties or due to Photographer’s illness or injury, whether or not foreseeable (“Force Majeure Event”), then the Photographer will give notice to the Client as soon as reasonably practical after Photographer determines that a Force Majeure Event will or may prevent Photographer from performing under this Agreement. The Photographer has no obligation to perform under this Agreement and no liability for delays or failures to perform due to Force Majeure Event. It is down to the Photographer’s discretion and to work with the Client to find an alternative date that is suitable to both parties. To extent the parties cannot agree on a suitable replacement date consistent with Photographer’s availability, Photographer may also, refund fees paid to Photographer under agreement, less any amounts necessary to cover expenses and work already performed by Photographer related to the shoot or Event. In the case of a Force Majeure Event, Photographer shall have no additional liabilities to the Client with respect to this Agreement beyond that described.
In the case of a Force Majeure Event that impacts the Photographer individually, but does not otherwise impact the shoot or event, including, but not limited to, illness or injury to Photographer, Photographer shall make reasonable efforts to suggest a replacement photographer selected by Photographer to perform Photographer’s obligations under the Agreement. Should Client not accept replacement Photographer shall refund amounts paid and shall have no further obligation to perform under the Agreement.
Client understands that Photographer works to maintain a safe work environment, including but not limited to, complying with applicable governmental laws, directives, orders, and regulations. Client further understands and agrees that Photographer shall not be required to perform under this Agreement if the Event or shoot is held in violation of a Governmental Order or Photographer’s participation would violate a Governmental Order. Client also understands and agrees that Photographer is not obligated to perform under this Agreement if Photographer’s personal safety or wellbeing has been or will be compromised or threatened at the shoot or Event, including but not limited to, as a result of the condition of the venue for the shoot or Event, or the conduct of an attendee of the Event.
Returns & Refunds
Once the Client’s products have been checked, delivered and signed for, no returns will be accepted, nor will any refunds be generated by the Photographer. All photographs supplied by the Photographer are produced to the highest standards using the highest quality materials and latest processing techniques. However, all photographs will, in time, fade. This is particularly true if they are left in bright sunlight and are not behind glass. The Photographer cannot accept any responsibility for this gradual image deterioration. Original digital images are kept on file for six months, after which time they will be deleted unless they are to be used for marketing purposes.
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.