Terms & Conditions
FOR Portrait Photography & Event Photography
The following terms and conditions apply to all portrait photography sessions and event photography sessions.
Wedding photography commissions and birth photography commissions are subject to additional terms and conditions detailed on a personalised contract - the full contract will be emailed following receipt of the requested necessary details for the contract from the prospective Client. The contract must be read and signed by all contracted parties prior to any deposit payment being made. Following receipt of the signed contract, a deposit payment will be taken to accept the booking and reserve the session date. Only when both the contract is signed and deposit payment received will the wedding photography session or birth photography session booking be confirmed and the date reserved.
Image Licensing - any parties who are not clients (e.g. bloggers, businesses) who wish to use any image created by Susie Fisher Photography for, including but not limited to, website publication, print publication and/or blog publication, must contact Susie Fisher Photography directly to first enquire as to whether the image is available for licensing and if so to apply for a personalised Licence to Use Agreement. Use of any image created by Susie Fisher Photography is strictly prohibited until permission is granted by the Photographer.
1. Definitions. For the purpose of this agreement "the Client" is any individual who has made a payment to Susie Fisher Photography for a photography session, and all attendees of the photography session the payment relates to. “The Photographer” refers to Susie Fisher, trading as ‘Susie Fisher Photography’.
2. Agreement. This contract comes into effect from the date of receipt of any payment by the Client to the Photographer. By making a payment to the Photographer the Client agrees to these Terms and Conditions. Unless otherwise agreed in writing, all services and goods provided to the Client will be subject to the terms and conditions of this Agreement.
3. Deposit and Payment. Prices will be listed via email to the Client prior to booking. Payment can be made via cheque or bank transfer. Payment is divided in to deposit payment and balance payment. The Client shall make a deposit payment to the Photographer. The deposit amount and session prices will be specified in writing via email to the Client and on the Client’s deposit invoice. Upon payment of the deposit, the Photographer will reserve the Client’s session date. The Photographer will not hold the session date and will have no liability for, or duty to, photograph the session until the deposit payment is received. The remaining balance of the commission is due on the day of the photography session. For portrait sessions, the Client is invoiced for the minimum package and if after viewing their proofing gallery they wish to upgrade to a larger package, the difference is invoiced afterwards. Due to the bespoke nature of digital imagery, digital images are non-refundable - upon delivery of the digital images via an online gallery no monies will be refunded.
4. Cancellation. The Client has a right to cancel at any time during the cancellation period without giving any reason. The cancellation period ends at the end of 14 days after the day on which the contract is entered into, which is the day any payment is received by the Photographer from the Client. To cancel the contract, the Client must inform the Photographer in writing (e.g. letter, email, text message), following which the Photographer will reimburse all payments received from the Client. The Photographer will refund the Client using the same method of payment the Client used. The Photographer will refund the Client on or before 14 days after the day on which the Client informed the Photographer of their decision to cancel. If the Client fails to supply written cancellation the deposit is non-refundable. If the photography session began or took place during the cancellation period, the Client will be liable to pay for the service they received prior to their communication to the Photographer that they intend to cancel the contract.
5. Rescheduling. If for any reason the Client wishes to reschedule the session, the deposit will be applied to a new session date to be agreed by both parties.
6. Client Confidentiality. The Photographer will keep confidential and will not disclose to any third parties or make use of information communicated to her by the Client in confidence for the purposes of the photography session, save as may be reasonably necessary to enable the Photographer to carry out her obligations in relation to the commission.
7. Safe Working Environment. The Client agrees to undertake their best efforts to ensure that the Photographer is provided with a safe working environment. The Photographer retains the right to cancel the remainder of any photography coverage in the event of any instances of sexual harassment, violence, threats, verbal or physical abuse or other similar behaviour that would lead a reasonable person to feel unsafe in such an environment. The Photographer retains the right to cancel the remainder of any photography coverage if the Client or any session attendees damage the Photographer’s equipment. In the event of such cancellation the Client shall not be entitled to any refund.
8. Coverage. The Photographer’s time begins upon arriving at the agreed session location at the agreed time.
9. Cooperation of Session Attendees. The Client will defer to the Photographer’s professional judgement related to settings, poses and other matters of artistic discretion. The Client will utilise best efforts to ensure that session attendees cooperate with the Photographer, in order for the Photographer to meet any image requests the Client has made. Specific shots cannot be guaranteed.
10. Conditions. The Photographer cannot be held responsible for any missed or poor quality images due to low lighting, mixed lighting, crowded rooms, guests declining to be photographed, people obstructing the Photographer’s view/shot, third party flashes/lighting interfering with the Photographer’s lighting of the subject or other reasons beyond the Photographer’s control. The Client agrees to accept the results of such impositions on the Photographer and images.
11. Digitals. The exact number of digital images taken during the session and/or presented to the Client cannot be specified or guaranteed.
12. Recording. Neither the Client nor anyone accompanying the Client on the photography session may film, take photographs or otherwise make any recording during the photography session.
13. Venue Guidelines. The Photographer is bound by guidelines and policies of venue officials or management. The Client agrees to accept the technical results of their imposition on the Photographer. Negotiation with the officials for modification of guidelines and/or policies is the Client’s responsibility.
14. Photographic Materials. Title to all photographic materials, including but not limited to digitals, negatives, transparencies, proofs, and previews, remain the exclusive property of the Photographer. No prints or digitals will be released until the agreed upon amount is paid in full.
15. Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Client shall not receive any photographic materials not presented to the Client. The Photographer has the right to refuse any requested edits to the images and will not release unedited digital files or RAW files.
16. Copyright and Reproductions. Copyright is an automatic right and arises whenever an individual or company creates a work. In accordance with the Copyright Designs & Patents Act 1988, the Photographer (as the author of the images) owns the copyright of all images created, and controls who can reproduce their images and how they may be used at all times throughout the world. All images supplied are protected under the Copyright, Designs and Patents Act 1988 and title to all photographs remains the property of the Photographer. In purchasing digital images the Client is purchasing the rights to print and display the images from their session for personal use, not the copyright.
17. Client Usage. A Print Release Licence is granted to the Client allowing the digitals from their session to be printed by them for their personal use. The Client shall only use the digital files, including prints, in accordance with the permissions within this Agreement and the accompanying Print Release in their online gallery. The Client’s prints and digitals are for personal use only and shall not be submitted to contests, sold, published, supplied to media or commercial businesses, reproduced for commercial use or authorised for any reproductions by parties other than the Photographer. It is understood that any duplication, alteration, cropping or editing of the images is strictly prohibited without the express written permission of the Photographer. The Photographer shall be held harmless for any dispute, claim, expenses, damages and/or legal costs arising out of the Client’s use of the images.
18. Third Party Usage. Print release rights for the session images are granted to the Client only and these rights cannot be assigned to third parties by the Client. Any Third Parties wishing to use the images must contact the Photographer directly to obtain permission and agree to and sign the appropriate Release and/or Licence - this includes but is not limited to venues, cake makers, party planners, entertainers, caterers and bloggers. Any use of the images by Third Parties without the Photographer’s permission is a violation of copyright. The Client cannot give permission on the Photographer’s behalf and any requests the Client receives for use of the images by Third Parties must be referred on to the Photographer.
19. Right to Credit. In all instances of the images being used online on a public web page, the Photographer asserts her statutory right in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof, to be identified as the copyright owner and author of the images. The Photographer’s name and website must appear next to or in reasonable proximity to all online reproductions of the session images, on each Web page and social media post where published, for each individual image, as shown below:
Image © Susie Fisher Photography 2018 www.susiefisherphotography.com
This copyright notice helps prevent the Client’s images being stolen, used and/or sold by third parties without permission and protects the Photographer's copyright.
Separate terms and conditions apply for Licences for Third Party usage of any image created by the Photographer and a Licence to Use contract must be agreed and signed prior to any use being made of an image.
20. Portrait Session Proofing Galleries. The Photographer will provide the Client with access to an online password-protected proofing gallery to select their favourite images from their session for purchase. The digital images will be watermarked, low-resolution and unedited. If preferred, the Client can view the high-resolution un-watermarked images at an in-person consultation with the Photographer at a location to be agreed by both parties. Once the Client has chosen the images they would like to purchase using the ‘favourites’ function in the online gallery, the Client must email the Photographer to inform them that their selections are completed. The Photographer will confirm the image selections with the Client and once confirmed will begin editing the Clients selected images. The images presented in a proofing gallery are for image selection purposes only - copying, downloading, sharing, videoing, taking screen-shots, printing or otherwise making any record of the proofs is strictly prohibited.
21. Editing. Images are edited in line with the style presented on the Photographer’s website and any online gallery links the Client may have been emailed. Each image is individually digitally edited in the Photographer’s style. Digital image editing includes cropping, white balance correction, straightening, exposure and contrast adjustments, colour adjustments, lens correction where applicable and for portrait sessions it includes skin smoothing and removal of temporary skin imperfections as necessary. Retouching services e.g. removing an object from an image or extending a backdrop, is available for an additional charge, if the requested edit is feasible, but such editing is not done as standard as this is not exemplary of the Photographer’s natural, lifestyle documentary imagery style.
22. Completion Schedule. Digital images will be available to view in a password-protected online gallery once post-production and editing is complete. Portrait sessions: online proofing galleries are ready within two (2) weeks of the session date. Completed digital galleries are delivered two (2) weeks after receiving confirmation of the Client’s image selections for purchase. Event coverage: online digital galleries are ready three (3) weeks after the event date. Every effort will be made to meet these turnaround times, but if the Photographer is unable to meet them, the Client will be informed via email.
23. Image Delivery. The digital images will be supplied in JPEG format in a password-protected online gallery for digital download. The Client will be emailed a link to their online gallery. Delivery of the digital files via an online gallery releases the Photographer from any liability due to loss or damage of the digital images, and also releases the Photographer from any obligation to maintain copies of any digital file, image, or photograph. The Client is responsible for downloading their digital gallery and creating back-ups of the digital content. It is recommended the Client securely backs up the digital images on a computer and an external hard-drive for safekeeping. Galleries are accessible online for 6 months from the date the email link is sent to the Client.
24. Failure to Perform. If the Photographer is unable to attend the Client’s session or provide the services for which she has been commissioned due to unforseen circumstances including but not limited to illness, injury, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer shall refund the deposit and any other monies paid to the Client and shall have no further liability. Further, in the unlikely event the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, total photographic failure, or otherwise lost or damaged digital files, liability shall be limited solely to a full refund of all monies the Client has paid to the Photographer. If possible, the Photographer will attempt to source an equivalent service with an alternative photographer of an equivalent standard for the Client.
25. Complaints. Any complaints should be made via email to the Photographer. Complaints will be responded to within 7 working days of receipt.
26. Arbitration. Any dispute or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, in accordance with the commercial arbitration rules of the Arbitration Association and Arbitration Act 1996, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer's main place of business and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than £500. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
27. Indemnification. The Photographer shall be held harmless for any and all injury to the Client and/or damage to their belongings during the course of the photography session and the immediately surrounding events.
28. Waivers. The waiver of any breach of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Agreement.
29. Lawyer’s Fees. If either party to this Agreement brings a legal action against the other party to this Agreement to secure the specific performance of this Agreement, collect damages for breach of this Agreement, or otherwise enforce or interpret this Agreement, the prevailing party shall recover reasonable lawyer’s fees and all costs, premiums, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
30. Applicable Law. This Agreement shall be governed by the laws of England & Wales.
31. Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and agreed and acknowledged by both parties.