When booking a photoshoot, the customer automatically agrees with the terms below.
Definitions
For the purpose of these conditions, ‘the client’ is any individual who has made a payment to The Headshot Studio for a photoshoot session as well as all active participants of a photoshoot that has taken place (whether any payment has yet been made or not). ‘The photographer’ refers to Sandeep Dhaliwal (Sunny) and/or photography associates at The Headshot Studio Ltd.
Agreement
By making a payment to the photographer or attending and completing their photoshoot session (regardless of whether any payment has been made beforehand), 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. The photographer has the right to change information regarding rates and agreements at all times.
Deposits and Payment
Prices will be listed on www.theheadshotstudio.co.uk. Payment is made via bank transfer, debit/credit card or cash. A session fee is payable to secure the client’s slot for shoots on location i.e. locations other than The Headshot Studio Ltd, Moor Place Farm, Plough Lane, Hook, RG27 0RF. Session fees are non refundable. If for any reason the client or photographer wishes to reschedule the session, the session fee will be applied to the new date agreed by both parties. For photoshoot sessions taking place at our studio (at The Headshot Studio Ltd, Moor Place Farm, Plough Lane, Hook, RG27 0RF), no session fee is payable.
Photos can be viewed either immediately after the session in-person or, where this is not possible, within 7 days on an online gallery. This is the client’s opportunity to select their favourite images and decide on the selections they wish to purchase and to have processed through final editing. As the editing process will begin straight after this order session, all purchases are final. The final balance is paid by the customer before final edits are provided, and no images (including, but not limited to: edited, un-edited or screenshot versions shared through Zoom, WhatsApp or other online gallery shares and discussions) are to be used by the client in any capacity including, but not limited to; website usage, commercial use, social media platforms, internal company intranets and documents.
Due to the bespoke nature of photography, digital images are non refundable upon delivery of the completed digital files. Physical prints and products can be returned up to 14 days after acceptance of delivery. Should you find any issues with your new artwork, we will always endeavour to assist as quickly as we can.
Should The Photographer be made aware that any images are being used online outside of these processes and, in any event before payment, then the final balance will become immediately due within 24 hours of the invoice being issued, unless expressly agreed in writing beforehand.
Work Product
All photographs will be shot in digital format. Digital photos purchased will be delivered as high-resolution JPEG files. RAW files will not be provided. Requests for additional photographs or changes to images shall be made within 14 days following the client’s viewing and ordering session. Be advised that RAW files may be destroyed 6 months after the shoot. The Client may download images from the online gallery of purchased images for personal use only.
Cancellation & Rescheduling/Late Arrivals
To cancel a contract, the client must send written notice via email to the photographer with sufficient notice.
In case of bad weather (storm, thunderstorm, dull lighting or heavy rainfall), a photo shoot that would take place outside may be postponed by the photographer or client. This will be decided no later than the morning of the planned photoshoot.
Artistic Rights
The Photographer retains the right of discretion in selecting the photographic materials released to the client. The final post production and editing styles, effects, and overall look of the images are left to the discretion of the Photographer. The photographer has the right to refuse any requested edits to the images and will not release RAW files (unprocessed original photos).
The editing or manipulation of the photos by the client is not permitted.
Copyright
The copyright on the photos rests with the photographer. The photographer remains the owner of the photos at all times.
When booking a photo shoot, the client gives permission to use the photos taken for business and commercial purposes (such as social media, website, etc. of the photographer). If the client does not want to have a photo posted online, this must be announced when booking the shoot or during the photoshoot session. The Photographer will never share photos without the Client’s permission and the Client always has the right to keep certain photos private. Photos are never transferred to another company without permission. Permission is also requested for publication in an (online) magazine. The photographer will under no circumstances disclose personal information such as email, telephone number, etc.
If the Photographer desires to make other commercial uses of the images to promote the commercial interests of any business other than the Photographer’s own business, the Photographer must 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.
Client understands and agrees that Photographer is not required to maintain copies of the photos from this photoshoot 6 months after the print and digital purchases have been delivered to Client.
Client usage
In consideration of the payment of monies due under this agreement, Photographer grants Client a perpetual non-exclusive license to print or to reproduce images downloaded from the photo gallery or delivered by the Photographer as follows:
1. Client may share the web or high res photos delivered by the Photographer on Client’s personal and business social media accounts, provided that in each such post Client must credit/tag Photographer.
2. This license does not permit Client to screenshot poor quality images, or edit or alter photos in any way, or to do any other act which would infringe Photographer’s moral rights.
3. Client may print web or high res photos delivered by the Photographer or downloaded from the photo gallery for their personal use, and:
a: must not sell, license, sub-license, transfer, or otherwise distribute the printed photos;
b: must not use the printed photos for advertising or commercial purposes; and
c: must not submit or enter the photos into any competition.
The photographer shall not be held accountable for any dispute, claim, damage or legal costs arising out of the clients use of the images.
Client Confidentiality
The Photographer will not disclose to third parties or make use of information communicated by the client in confidence for the purposes of the photography session.
Failure to perform
It may happen that a photoshoot cannot take place due to force majeure (illness etc.). As a result, the photographer will not be able to meet the agreement. The photographer can give options to reschedule the shoot.
Indemnification
The photographer is not liable for physical or material damage caused during the photo shoot, unless there is gross negligence or intent on the part of the photographer.
Photographer and Client agree that the Photographer is under no obligation to capture any specific moment or pose or person(s) during the photoshoot. The Photographer is not responsible for compromised coverage due to causes beyond the control of the Photographer including but not limited to lateness of the Client, weather conditions, schedule complications, incorrect addresses provided to the Photographer, restrictions of the locations.
If 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, the Photographer will not be liable for any consequential loss arising from the non-delivery, and the liability of the Photographer to the Client should be limited to the repayment of amounts paid to the Photographer under this Agreement.
Client agrees to indemnify and hold Photographer harmless for any and all personal injury which may occur during the course of the photography session and the immediately surrounding Photographer (including any personal injury arising from or connected with any negligent act or omission on the part of Photographer).
Timeline and Schedule
Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the Photographer by the Client.
Pricing & Additional Products
Services not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward products or services purchased.
Complaints
Client will have 14 days from receipt of print products and/or digital prints to make Photographer aware of any issue, discrepancy, technical problem or any other complaint regarding photos, their quality and contents, or anything relating to session coverage. After this 14-day term has expired, Photographer will no longer be liable to Client for any corrections, damages, refunds, re-edits or re-shoots. Re-edits after this term may be made by Photographer if requested by Client but the hourly fee of £60 per hour for retouching will be billed with a minimum of one hour required.