SECTION 1: PERSONAL PHOTOGRAPHY
NOTICE: These Terms and Conditions of Use are legally binding. It is Your responsibility to read these Terms and Conditions carefully prior to purchase, use, or access of any of Our products.
AGREEMENT: Any order for photography session services, including the taking and editing of pictures as agreed to by both parties: Charlotte Burn Photography (CHARLOTTE BURN PHOTOGRAPHY) and Contracting Party (CLIENT). Unless otherwise specified, it is understood that any and all rights to proofs and original shots taken by CHARLOTTE BURN PHOTOGRAPHY shall remain the property of CHARLOTTE BURN PHOTOGRAPHY and may be used for advertising, display or any other purpose thought proper by CHARLOTTE BURN PHOTOGRAPHY.
SHOOTING TIME / ADDITIONS: The photography schedule and selected methodology are designed to accomplish the goals and wishes of the photography package and in a manner enjoyed by all parties involved. The CLIENT and CHARLOTTE BURN PHOTOGRAPHY agree that positive cooperation and punctuality are essential. Shooting commences at the scheduled time. Should the CLIENT arrive late, or the scheduled events start late due to any reason whatsoever, CHARLOTTE BURN PHOTOGRAPHY will not be held liable for any photographs not taken.
COOPERATION: The CLIENT and CHARLOTTE BURN PHOTOGRAPHY agree to positive cooperation and communication for the best possible result within the definition of this assignment. CHARLOTTE BURN PHOTOGRAPHY is not responsible for key individuals’ failure to be present or to cooperate during photography sessions, neither for missed images due to details not revealed to CHARLOTTE BURN PHOTOGRAPHY.
HOUSE RULES: CHARLOTTE BURN PHOTOGRAPHY is limited by the guidelines of the location site management. The CLIENT agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is the CLIENT’s responsibility; CHARLOTTE BURN PHOTOGRAPHY will offer technical recommendations only.
DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: The photographs, digital negatives or prints produced by CHARLOTTE BURN PHOTOGRAPHY are protected by Copyright Law (all rights reserved). The CLIENT’s limited copyright ownership of the resulting images will be transferred to the CLIENT under the following conditions:
MODEL RELEASE: The CLIENT hereby assigns and grants CHARLOTTE BURN PHOTOGRAPHY and its legal representatives the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The CLIENT hereby releases CHARLOTTE BURN PHOTOGRAPHY and its legal representatives and assigns from all claims and liability relating to said photographs.
It is agreed that CHARLOTTE BURN PHOTOGRAPHY may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in shopping centres, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by CHARLOTTE BURN PHOTOGRAPHY.
NON-GUARANTEE: Although every possible care will be taken to produce photographs of all important and key moments during the Mini Session, CHARLOTTE BURN PHOTOGRAPHY cannot place an unconditional guarantee on the above. CHARLOTTE BURN PHOTOGRAPHY will not be held responsible for any ruined photographs due to any other cause in or outside of CHARLOTTE BURN PHOTOGRAPHY’s control.
SEVERABILITY: If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
WEATHER POLICY: (In the event of weather conditions that are out of our control) If the CLIENT has been contacted and advised to reschedule due to the Photographer’s concerns about weather, and the CLIENT still proceeds with the session and it rains, limiting the time and or photos that were able to be taken, the CLIENT will be charged for an additional session at the photographer’s hourly rate to reschedule or shoot additional photos. Due to photography equipment, it is up to the Photographer’s discretion if bad weather persists to cancel the session, during the session. If the CLIENT has been contacted and advised concerns about weather, and the CLIENT decides to go ahead and reschedule, the CLIENT will not be charged to do so.
PROPS: The CLIENT is responsible for bringing any props that they would like in their photos. In the event that the CLIENT has forgot a prop for the session and wants photos with that prop, the CLIENT will be charged for an additional session at the photographer’s hourly rate to reschedule or shoot additional photos.
APPEARANCE: In the event that the CLIENT would like additional photos due to appearance out of our control (hair/makeup, etc.) in the previous session, the CLIENT will be charged for an additional session at the photographer’s hourly rate to reschedule or shoot additional photos.
OUTFITS: Although there are no additional fees for additional outfits, the amount of time it takes to change into those outfits does count towards the total amount of the session time.
TARDINESS: In the event that the CLIENT is late to the appointment set, the CLIENT’s session will still be for the same scheduled ending time.
LIMIT OF LIABILITY: If the photographer cannot perform this Agreement in whole or in part due to an unlikely event of severe medical, natural, equipment failure, acts of God or nature or terror, or other unforeseen circumstance, CHARLOTTE BURN PHOTOGRAPHY will return all fees (excluding the Booking Fee paid) to the CLIENT(s), but shall have no further liability with respect to this Agreement.
CHARLOTTE BURN PHOTOGRAPHY takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of the CLIENT’s photographs being lost, stolen or destroyed for reasons within or beyond CHARLOTTE BURN PHOTOGRAPHY’s control, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price stated herein. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
SECTION 2: MINI SESSIONS
RESERVATION: Upon payment, CHARLOTTE BURN PHOTOGRAPHY will reserve the date and time agreed upon and will not make other reservations for that date. For this reason, the Booking Fee of £50.00 is non-refundable, even if the date is changed or the session cancelled for any reason, including acts of God, fire, strike and/or extreme weather. The total fee is to be paid at time of booking.
DELIVERY: After the Mini Session date, CHARLOTTE BURN PHOTOGRAPHY will provide the CLIENT with high-resolution copies of the edited photos through an online gallery. For the nature of Mini Sessions, the CLIENT will be allowed 3 individual images as the CLIENT selects from the online gallery. You may print from these files at any time. If the CLIENT wants more than 3 images to download, they must purchase individual image rights through the online gallery.
CANCELLATION: In the event that the CLIENT cancels the contracted services for Mini Session photography outlined here before the Mini Session date and time takes place, the Booking Fee of £50.00 will be forfeit. It shall be liquidated damages to CHARLOTTE BURN PHOTOGRAPHY in the event of a breach of “Terms and Conditions – Mini Sessions” by the CLIENT. The CLIENT shall also be responsible for payment of any CHARLOTTE BURN PHOTOGRAPHY material or charges incurred up to the time of cancellation (less expenditures for which receipts will be provided).
COMPLETION SCHEDULE: Editing and gallery creation takes one week for a Mini Session. Any additional features included in these sessions (custom wedding album, prints, design work, etc.) will not be subject to any time constraint.
PAYMENTS: The CLIENT agrees that £50.00 non-refundable Booking Fee is required at the time of booking.
AMENDMENTS: These “Terms and Conditions – Mini Sessions” has been freely negotiated and shall be recognized as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by the CLIENT and CHARLOTTE BURN PHOTOGRAPHY at the time of acceptance of these “Terms and Conditions – Mini Sessions” contract shall be recognized as amendments to this contract.
SECTION 3: GIFT CERTIFICATES
VALIDITY: Certificates are only valid for one year from the purchase date. Any certificates not redeemed before the printed expiration date on the certificate will be null and void. CHARLOTTE BURN PHOTOGRAPHY is under no obligation to accept a certificate that has expired.
REDEEMING: Gift Certificates may only be redeemed in exchange for the package and services printed on the front of the Gift Certificate. Gift Certificates cannot be exchanged for cash. Session locations are to be within a one hour drive of Broadway, Worcestershire (WR12). The location is to be mutuall agreeable between CHARLOTTE BURN PHOTOGRAPHY and the CLIENT and either in the CLIENT own home (where suitable) or location based.
BOOKING: It is the sole responsibility of the CLIENT (in this case the gift certificate recipient) to contact CHARLOTTE BURN PHOTOGRAPHY with enough time to book and hold the shoot before the expiry date. CHARLOTTE BURN PHOTOGRAPHY cannot be held liable for any certificates unable to be redeemed due to CLIENT diary clashes, it being the sole responsibility of the CLIENT to ensure one of the dates suggested by CHARLOTTE BURN PHOTOGRAPHY will be possible.
RESERVATION: Once agreed, CHARLOTTE BURN PHOTOGRAPHY will reserve the date and time agreed upon and will not make other reservations for that date. In the event that the CLIENT cancels the contracted services outlined on your gift certificate the certificate will be forfeited. It shall be liquidated damages to CHARLOTTE BURN PHOTOGRAPHY in the event of a breach of “Terms and Conditions – Gift Certificates” by the CLIENT. The CLIENT shall also be responsible for payment of any CHARLOTTE BURN PHOTOGRAPHY material or charges incurred up to the time of cancellation (less expenditures for which receipts will be provided).