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Jenny Smith Photography

Terms and Conditions of Business

Introduction

Hello, my intention is that all dealings with you to be conducted with openness and honesty.

With this in mind, these Terms & Conditions (“Conditions”) have been produced to set out clearly the main legal conditions and operating procedures covering the work I do for you and these Conditions form an important part of our contract together.

If we need to agree alternative terms to time to cover the specific requirements of particular projects and these will be discussed and agreed in writing where appropriate. Please let’s discuss if you feel that any element of these conditions isn’t clear, and I understand that you may wish to seek independent advice about the legal aspects of these conditions.

 

Conditions

These Conditions shall apply to all commissions of work carried out by me, Jenny Smith, trading as Jenny Smith Photography unless we both agree otherwise in writing. In these Conditions, I refer to my clients as 'the Client' or ‘you’.

If for any reason any one or more of these Conditions proves to be unenforceable, the remaining Conditions shall nevertheless continue to have full force and effect.

 

Fees and Costs

I will request the session fee at the time of booking a photography session in order to reserve the appointment unless otherwise confirmed by me and you are welcome to make payment by cash or bank transfer. If I have not received payment prior to a session you have booked, I reserve the right not to proceed with the session.


If you would like to order any items such as albums, prints or canvasses, I will need to receive payment for all items when you make the order. Prices for prints, digital images and canvasses are available on the website. If you would like me to send the items to you, post & packing charges are as listed on the website at the time of booking.   

 

Additional work

If you request any additional work over and above the original session, such as re-touching and/or altering this will incur additional charges. Wherever possible, I will try to agree these with you before additional fees and costs are incurred.

 

Creative Issues

You will have seen that my style is about natural light, natural poses and a huge amount of fun! Wherever possible I’ll try to incorporate any suggestions you request or we agree, but you acknowledge that some photographs may not be possible for all kinds of reasons. You will understand that the weather, children and babies are all unpredictable and therefore I can’t promise or guarantee any particular outcomes. I will use my professional skill and judgement (but acting reasonably at all times) to determine the number of photographs to be taken as part of any session.

 

Cancellation or Postponement


If I have to cancel the appointment for reasons beyond my control (death, injury, sickness, etc.), Jenny Smith Photography’s liability shall be limited to a full refund of all monies paid by you. If you have to cancel an appointment up to 10 days prior to the reserved slot I will offer you a full refund. However, given the number of bookings that I may have, if you need to cancel an appointment with any less notice than that, Jenny Smith Photography will retain the booking fee.

Should the cancelled appointment turn out to be a postponement, then, subject to Jenny Smith Photography’s availability, all fees paid will be put towards the new appointment. If, following cancellation by you we can’t agree a new date, then Jenny Smith Photography will retain the booking fee.

 

Making your choices

Following the photo session, I will make a selection of the best images for you to view. You will then have ten days to decide whether you would like to buy the files and/or prints from me. After that point, due to storage/availability, I need to retain the right to remove such images from view.
 

I select the best professionals I know that would be the most suitable prints at the right price. Should you choose to make your own prints (for personal, private and non-commercial uses only – see below) please note I cannot be held responsible for the quality of such reproductions.

 

Copyright and other Intellectual Property Rights

Copyright and Intellectual Property can be confusing and counterintuitive, so I’ll try to explain how it works and how I work.

 

As a photographer, the law protects my legal and economic interests. The Copyright Designs and Patents Act 1988, assigns all rights in the photograph to the photographer. Your session fee pays for my time and expertise but not the ownership of the photographs themselves, which remain my

 

legal property. This is a standard condition for most professional photographers that allow us to stay in business. Most photographers require that you don’t make any copies, scans or reproductions of images without further permission and/or payment. They usually won’t supply digital files and will insist that only they can make prints that they charge you for.

 

However, whilst Jenny Smith Photography retains the ownership of the entire copyright and all other intellectual property rights in the images I take, if you order and pay for digital files, I will give you permission to store these digitally for personal, private and non-commercial use only.

 

As I do have more generous terms than other photographers, I do, however, require that you don’t amend, alter, crop, distort or otherwise adapt any images owned by me without my prior permission so as not to damage my professional reputation for producing the highest quality of work.  If you have not paid for digital files, then please do not make copies from the site or elsewhere as you are not entitled to do so.

 

If you would like to share digital files with family and friends, I’d like you to ensure there’s a hyperlink and/or a credit to Jenny Smith Photography and ensure that they are aware that you have promised not to make any commercial use of these images and been required not to make changes to the images. This includes any sharing via social networking sites such as Facebook.

 

If you wish (or are approached by a third party) to use my image(s) to sell, market or advertise a concept, brand a product, it is a ‘commercial use’ and a further fee and licence agreement will need to be agreed.

 

Promotional Use

As a professional photographer, I need to publicise my work and I need to maintain a portfolio of recent work to show both existing and potential new clients. Therefore I do retain the right to show a selection of my images to promote Jenny Smith Photography in any and all media including my website, advertisements, posters and flyers.

 

Wherever possible, I will endeavour to let you know that I’m planning to start using any such images involving you or your family.

 

If there are images that you do NOT wish me to use in this way, please do let me know and I’ll do whatever is reasonably possible to ensure that no future uses are made, but please note that I may not be able to change certain kinds of existing uses.

 

Liability

To the extent the law permits, you agree that Jenny Smith Photography does not accept any liability for any indirect or consequential loss or damage (including but not limited to for loss of opportunity, loss of business or otherwise), costs, expenses or other claims for consequential compensation whatsoever (however caused) which arise from a photo session.

 

Warranty and Promises of the Client

It’s extremely important that you warrant and promise to Jenny Smith Photography that you have the right, entitlement, ownership and/or permission to give me the permission to photograph any people, performances, objects, designs, and/or artistic works as part of any session and that my ownership and use of the images will not breach the rights of any third party. I will rely on this promise by you.

 

Should I suffer any claim, damage or other loss arising from the fact that you did not have all of these rights, you hereby promise to indemnify Jenny Smith Photography against any claim, damage or loss. This means that you will ensure that you will meet any and all losses I suffer in accordance with these Conditions.

 

Law

These Conditions are to be governed by and construed in accordance with English law only. We both agree to submit solely to the courts of England over any claim or matter arising under or in connection with these Conditions.

 

Privacy

As a Client, I will need to store your name, address details and images of you on a private internal database. These details will not be made available to third parties.

 

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