Terms & Conditions

It is mutually agreed that the following terms and conditions form an integral part of this contract/invoice and that no variation or modification of this contract shall be effective unless accepted by Fiona French Images (also called “the Photographer” or “the Photographers”) in writing.

Copyright

The 1988 Copyright Act assigns the copyright to the Photographer. It is contrary to the Act to copy, publish, reproduce or store images electronically, unless the express permission of Fiona French Images has been purchased. If permission is granted, then transfer of the copyright commences only once payment for the copyright has been made in full. The Client may not (either personally or via a third party) alter or add to or manipulate a picture 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.

Display

All original digital/negative files remain the property of Fiona French Images. The client hereby gives permission for Fiona French Images to display any images captured under the terms of this agreement for the purpose of promoting Fiona French Images, such as, but not limited to brochures, display prints, advertising in any form or website or social media display, providing that the images are used lawfully and without damage to the client.

Payment

In advance unless otherwise agreed by the Photographer.

Cancellation Policy

Up to one month before photo shoot – Upon receiving a cancellation notice in writing Fiona French Images will reimburse any monies paid in full. Between one month and two weeks before photo shoot – 50% of monies paid will be retained by Fiona French Images. If cancelling your contract less than two weeks prior to the date of the photo shoot all monies paid will be retained by Fiona French Images.

Force Majeure or Act of God

Fiona French Images will make every effort to assure your satisfaction according to accepted industry standards. However, due to events outside of the photographer’s control, such as, but not limited to, weather, venue restrictions or short timelines, the production of any specific images cannot be guaranteed. Although the photographer will exercise all reasonable care and diligence in the discharge of her duties, it is understood that, in the event of any unforeseen circumstances causing loss of all photographic record, Fiona French Images will only be responsible for the return of the money paid to date. If the client has already been delivered the products and prints from an order placed prior to the booking and the archive is lost subsequently, Fiona French Images will have been seen to have completed their duties according to this contract and will not be liable under any circumstances to replace the photographic record.

Licence

The Photographer shall be granted artistic licence in relation to the poses photographed, the location used and digital retouching. The Photographer’s judgement regarding the locations, poses and number of photographs taken shall deemed to be correct.

Prices

All services and/or goods are supplied at the current prices ruling at the time of supply and are subject to change without prior notice.

Health & Safety

The client is responsible for the health and safety of all children during the photoshoot. The client must ensure that parents, carers or other responsible adult other than the Photographer are present with the children at all times.

Photographs

The final edited photographic collection will be delivered in a mixture of black an white, as well as colour images. The selection of which images are B & W will be at the discretion of Fiona French Images during the post production process. Any editing will only be carried out to enhance the quality & reproduction of the image. The final output and finish of any image that is re-touched will be at the photographer’s discretion. Colour photography is undertaken within the technical limitations of the process and certain colours may not necessarily be the facsimile over the whole range of colours within the subject. Prints made at different times may vary in colour balance. It is understood that, due to the technical limitations of the printing process, the colour reproduction of prints cannot be guaranteed to be identical to those viewed at the proofing stage.

All photograph sizes are nominal. All photographs supplied by Fiona French Images are produced to the highest standards using high quality materials and latest processing techniques. However, all photographs will, in time, fade. This is particularly true if they are left in bright sunlight and are not behind glass. Fiona French Images cannot accept any responsibility for this gradual image deterioration.

All pictures purchased are presumed to have been received in good condition unless the Client notifies Fiona French Images in writing of any discrepancy or error within 14 days of receipt.

Postage & Packing

Costs incurred for any postage and packaging will be added to the final invoice. Fiona French Images will not post any breakable objects, ie glass frames etc and therefore asks that these are collected to avoid breakages.

Reprint Orders

All re-orders shall be treated as an extension of this contract. No responsibility for error will be accepted unless orders are given in writing.

Vouchers

Only one voucher or offer can be used per session or against products arising from that session. All vouchers must be used by the expiry date on the voucher and cannot be transferred for cash.

Refund & Return Policy

We will not refund, nor accept the return of/refusal to pay charges for, any technically acceptable photograph supplied either in print or in electronic format. No exception can be made as we cannot be held responsible for individual tastes or exceptions. Once an order has been placed, We will not offer a refund. We may at our discretion allow you to place an order for different products with the same value. This will not affect your statutory rights.

Returns will only be accepted if the product is faulty. In this case, we will refund your order upon its return to us in the condition that it was received. Return shipping charges are your responsibility. You must contact us prior to any return and we will issue specific instructions. If your order is delivered damaged it is your responsibility to contact the company that handled the delivery and please save all packing materials. Failure to do so can cause the shipper to deny your claim.

Shipping fees are not refundable.

Although Fiona French Images makes every effort to ship your order according to the lead time provided, shipping dates may change due to changes in supply. If the lead time changes, Fiona French Images will contact you via email and provide a revised shipping estimate.

Fiona French Images recommends that you (1) use a carrier that offers shipment tracking for all returns and (2) either insure your package for safe return to Fiona French Images or declare the full value of the shipment so that you are completely protected if the shipment is lost or damaged in transit. If you choose not to (1) use a carrier that offers tracking or (2) insure or declare the full value of the product, you will be responsible for any loss or damage to the product during shipping.

Storage of Images

Original digital images are kept on an active file for three months, after which time they will be subject to deletion without notice unless expressly stated otherwise by the Photographer.

The Photographer reserves the right to amend these Terms and Conditions without prior notice.

Limitation of Liability

In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance 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 loss.

Complaints

Any complaints should first be raised by the Client with the Photographer/s in writing within 21 days from the date of receipt of images. In the unlikely event of an unresolved complaint the Client may request the Society of Wedding and Portrait Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.

The terms of this contract are accepted by :-

CLIENT ……………………………………………………….… DATE………………………….

Address …………………………………………………………………………………………..

PHOTOGRAPHER ……………………………………………… DATE…………….…………

Address ………17 Sluggett Place, Exeter, Devon, EX1 3WL ………………………………