All Sessions – terms and conditions

  • 1. Retainer and Payment
    The Client shall make a non-refundable retainer of £50 to the Photographer to perform the services specified herein. Upon payment, Photographer will reserve the time and date agreed upon by both parties. The retainer will be deducted of the final session price, which is due in full on the date of the session. In case of the last minute Gift Voucher booking cancellations a rescheduling fee of £50 will be applied. By booking with 14D Photography you enter into a contract and have therefore agreed to abide by the terms and conditions. Booking fees taken for newborn, portrait and any sessions are non refundable except in the event 14D Photography cancels the booking. lf a booking is made online, and no suitable date can be arranged for the chosen session after consultation, then a refund will be given.
    2. Cancellation
    If Client requests to amend or cancel this agreement 5 or more calendar days before the session date, the retainer shall be applied a mutually agreed upon reschedule date. If Client cancels this agreement, or fails to show, this agreement 5 or less calendar days before the session date, the retainer shall be forfeited. Client understands and agrees that Photographer will not book other sessions during this time. In the event that Client cancels the portrait session or fails to attend the session on the Session Date, for any reason, Photographer shall suffer losses that are difficult to ascertain.
    3. Rescheduling/Late Arrivals
    In the event that the Client requests to reschedule a session, the retainer shall be applied to a rescheduled session if notice is given at least 5 days prior to the schedule event. Reschedule must be within the same calendar year. Any Client that is late arriving to the session will have the amount of time late deducted from the time allotted for the session.
    4. Preparation
    In case of the Newborn session the Client shall not feed the baby a full feeding for two hours before the session and shall keep the baby awake for one or more hours before the session. Baby shall be fed immediately at the beginning of the session or just prior to arrival. The baby must be dressed in loose fitting clothing for ease of changes for portraits. The Client shall bring at least two bottles for feeding or supplies for nursing. If a dummy is required, the Client shall supply those items. If Client fails to read the supplied prep guide brochure/email, and therefore fails to carry out required preparations prior to a newborn session, 14D Photography will not be held responsible for any resulting reductions in quality or quantity of images supplied. lf The Client does not view or purchase images within three months of the session without arrangement, 14D Photography will assume they are not wanted and will delete all files.
    5. Subjects
    The Client shall maintain control of other subjects including siblings. It is the responsibility of the Client to ensure the cooperation of additional subjects as not to intrude on the baby’s immediate area. The Client shall provide all necessary controls over additional subjects. Please do not bring any children not being photographed to the session.
    6. Circumstances
    If the Photographer is unable to perform the session due to baby’s disposition, condition, or circumstances listed within this contract, the Client shall be allowed to reschedule at Photographer’s discretion.
    7. Artistic Rights
    The Photographer retains the right of discretion in selecting the photographic materials released to the client.
    8. Photographic Materials
    All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall make gallery proofs available an online gallery. These proofs shall be available to the Client within 2 weeks of the session. Although 14D Photography will do its best to produce more proofs than discussed with the Client there is no guarantee that any particular number of proofs will be produced. The pictures are presumed to have been received in good condition unless the Client notifies 14D Photography in writing of any discrepancy or error within 14 days of receipt. After 6 months from your session date 14D Photography will no longer be responsible for storing your image files.
    9. Copyright and Reproductions
    The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s facebook page, Instagram, website and/or studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the Photographer.
    10. Client’s Usage
    The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial use or authorize any reproductions by parties other than the Photographer. If the Photographer provides a digital file print release, the Client must act in accordance with the release.
    11. Social Media
    The Client may share blog post links and Facebook albums through use of the share functions and dissemination of direct links. Client shall not copy, download, screen shot, or capture the photographs in any other fashion. If Client share images online or on social media, they are to tag the Photographer for credit. Client cannot crop, edit or alter the images in any way. Releasing photographs online by the Client (i.e. Facebook, blog or any other online channels) are prohibited unless the photographer’s company name, Facebook Page and/or Website is tagged or mentioned along with the image.
    12. Failure to Perform
    If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the retainer to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited.
    13. Photographer
    The Photographer reserves the right to substitute with another photographer. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this agreement. The Photographer warrants the substitute photographer to be of comparable quality and professionalism.
    14. Photographer’s Standard Price List
    The charges in this agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
    15. Indemnification 
    The Photographer shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events.
    16. Miscellany
    This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties.
    17. Attorney’s Fees
    If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.