Terms & Conditions
1. APPLICABLE LAW
a. The laws of England and Wales shall govern this agreement. These Terms and Conditions shall not be varied except by agreement in writing.
b. In the event of any conflict between these terms and conditions (including those relating to the time of payment) and those issued or submitted by the Client and in the absence of any contrary agreement in writing these Terms and Conditions shall prevail.
2. THE BOOKING RETAINER
a. The booking/session retainer is due by the client at the time of booking in order to secure the appointment. The Photographer will not hold any dates open without booking fee payment
b. Booking fees taken for any newborn, maternity, family and portrait sessions or events are non refundable except in the event the Photographer cancels the booking. The remaining balance for your session is due to be paid on the day before the session commences – via cash, card or bank transfer
c. One (1) reschedule can be made free of charge, for any more an admin fee of £30 will be charged
d. No editing will begin until payment in full is received
e. Session fees and package prices are subject to change without prior notice. Prices quoted in the past will not be honoured should the Client book at a later date
3. IMAGES ONLINE
a. It is illegal to attempt to download, or to attempt to remove a watermark from, any image taken and posted online by Photography by Danielle Axworthy for any reason. Should an image online be saved via any means, and used elsewhere without the written permission of the Photographer, whether the copyright has been removed or not, a copyright infringement fee of £1000 per image will be applied to avoid court action, and must be paid within 28 days.
4. FULFILLMENT OF OBLIGATIONS
a. Photography by Danielle Axworthy shall not be liable to the Client for any failure, in whole or in part, to fulfil its obligations where failure arises as a result of an event or circumstances beyond its control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury.
b. The Client understands and accepts that the photographic coverage will be as Photography by Danielle Axworthy professional expertise determines. Special requests are not binding instructions although every effort is made to comply with the Client’s wishes. Please see any quotations for definitions determined between the Client and Photography by Danielle Axworthy
c. In the unlikely event of total photographic failure or cancellation of the contract by either party or in any other circumstances the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential losses.
d. If the Client fails to carry out required preparations prior to a newborn session or other, Photography by Danielle Axworthy will not be held responsible for any resulting reductions in quality or quantity of images supplied.
5. NEWBORN SESSIONS
a. Prior to your newborn session, please inform Photography by Danielle Axworthy of any concerns or conditions to be aware of to ensure your baby’s wellbeing is preserved at all times.
b. If, at the time your baby appears unwell, your session will be terminated and a reshoot offered at the next available date. This may mean your baby is older and may be more alert during the session. Illnesses beforehand are welcomed to be notified in advance so that a suitable date can be provided.
c. Under no circumstances should anyone attend the session if they are feeling unwell, if you arrive and are visibly ill you will be sent away and the session rescheduled
d. Photography by Danielle Axworthy will manage your expectations throughout the session, which means that this depends on how your baby is on the day. Not all babies are comfortable in all poses and therefore no particular pose is guaranteed to be performed.
e. Parents are required to bring items such as nappies, muslin cloths, milk (chosen formula or expressed) and appropriate clothing as you would normally. These are not provided in the studio.
6. CAKE SMASH SESSIONS
a. It is the clients responsibility to inform Photography by Danielle Axworthy of any food allergy or intolerances the clients baby has prior to ordering a cake. Photography by Danielle Axworthy will not be held liable for any adverse effect or illness the baby may suffer as a result of an allergy if the Client did not inform Photography by Danielle Axworthy .
b. By signing the Cake Smash contract you waive all rights to pursue legal action against Photography by Danielle Axworthy if any illness results due to lack of information given to Photography by Danielle Axworthy by the client.
c. Photography by Danielle Axworthy cannot guarantee the outcome of the session on the date, as children have the liberty to behave at will. This clause means Photography by Danielle Axworthy is not liable to refund sessions due to children being tired, hungry or disinterested. If a complete gallery is achieved, a reshoot will not be granted.
d. Under no circumstances should anyone attend the session if they are feeling unwell, if you arrive and are visibly ill you will be sent away and the session rescheduled
7. MATERNITY SESSIONS
a. It is the clients responsibility to inform Photography by Danielle Axworthy of any pregnancy-related conditions which may cause discomfort during the session.
b. Sessions ideally will take place between 28-36 weeks and no later due to the increased likelihood of labour and birth occurring.
c. A limited number of dresses are available and a selection of fabrics can be made available for your session. Please do not use fake tan in the 72 hours leading up to your session. A £50 soiling charge will be added to your balance if dresses are stained as a result of fake tan
d. Your family and partner can take part in your session (including pets with prior notice)
e. Under no circumstances should anyone attend the session if they are feeling unwell, if you arrive and are visibly ill you will be sent away and the session rescheduled
8. MINI SESSIONS
a. Mini sessions are seasonal and not offered all year round.
b. Please arrive promptly for your session, as there will be clients arriving after you.
c. Non-attendance equals cancellations with no refunds offered. Your session will not go ahead if you are at least 10 minutes late.
d. The prices advertised are subject to change.
e. There may be additional terms and conditions depending on session, please see each individual session info for full details.
9. PRINTS AND PRODUCTS
a. All images produced by Photography by Danielle Axworthy are done on a high resolution screen and all prints will be a true reflection of the editing carried out by Photography by Danielle Axworthy and will not be held responsible for variances in images caused by clients viewing images on lower resolution screens or monitors.
b. All prices are subject to change without notice byPhotography by Danielle Axworthy . No consideration will be given to previous clients regarding product pricing, availability, package structure, or session fees.
10. IMAGE PRODUCTION AND HANDLING
a. Unless otherwise agreed between the Client and Photography by Danielle Axworthy , Photography by Danielle Axworthy shall be entitled to use her judgement regarding the style and artistic input in the production of pictures. This includes but is not limited to locations, poses and number of images taken. Due to the variances of weather and the willingness of subjects it may not be possible to capture all the pictures requested, or images to the clients full expectations. In the event of unco-operative children at a session of any kind, for any reason, Photography by Danielle Axworthy may not be able to capture any, or all the images the Client may have requested or expected. The Client is responsible for all children at all times during sessions.
b. Photography by Danielle Axworthy fully edits all images before presenting to the Client. Additional edits are carried out at the discretion of Photography by Danielle Axworthy and reserves the right to charge the Client for additional editing to cover time involved, at a rate of £20 per image.
c. RAW files will not be provided under any circumstances
11. COPYRIGHT, LICENCING & REPRODUCTION
a. Copyright is retained by Photography by Danielle Axworthy at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of Photography by Danielle Axworthy . This includes saving, screen grabbing and downloading from Facebook or other social media or galleries.
b. The Client may not alter or add to or manipulate an image by means of computer or any other technique or reproduce a picture in whole or in part as an element within, or as a montage with, another picture without Photography by Danielle Axworthy's’ written permission.
c. In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to Photography by Danielle Axworthy an unauthorised use fee of £1000 per image, or double the standard reproduction fee for the use concerned, whichever is the greater.
d. The images that are being provided to the Client are licensed for any reasonable personal purposes, including but not limited to printing, copying, emailing, and web publishing. Your license does not include use that results in financial gain, including but not limited to advertising, stock photography, print sale profits, or resale of any nature. Your purchase of the original files releases Photography by Danielle Axworthy from any liability due to loss or damage of the images, and also releases Photography by Danielle Axworthy from any obligation to maintain copies of any digital file, image, or photographs after 12 months from the date produced. Licences for other use will be agreed upon with the Client, if required.
e. The Client will fully indemnify Photography by Danielle Axworthy against any unauthorised reproduction of a picture submitted to the Client made by any third party as a result of or arising out of any breach by the Client of any of these terms and conditions (including but not by way of limitation the Client allowing a picture or a copy thereof to come into the possession of a third party without Photography by Danielle Axworthy prior written consent).
12. RECEIPT OF IMAGES
a. The images will be ready approximately 2-3 weeks following the session, please consider this on booking as I am unable to guarantee any earlier
b. The images will be delivered via secure online gallery. Images will be watermarked until final images are chosen by using the ‘favourite’ feature in the gallery
c. The images are presumed to have been received in good condition unless the Client notifies Photography by Danielle Axworthy in writing of any discrepancy or error within 14 days of receipt
d. Images will remain on an online gallery for a period of 12 months. After this they will be moved to hard drive storage and a £30 admin fee will be charged for reuploading them