Terms of Use - Portrait and Boudoir Photography

Flaming Gorgeous Boudoir Photography  GFlaming Gorgeous Photography  (trading names of We Create Words and Pictures Ltd. Company Registration Number: 08774941) of  Top Floor, 7 Warwick Street, Worthing, BN11 3DF Telephone: 01903 532677 or 07989 586898 Email: hello@gingerpix.co.uk Website www.gingerpix.co.uk

 

It is agreed that the terms set out in this booking form is the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
In this contract “we”, “our”, “us” “the studio” or “the photographer” means we create words and pictures ltd t/a GingerBrown Photography or GingerBrown Boudoir Photograohy, and any person or persons who will act as photographer(s) and who have been appointed by the aforementioned limited company for the purpose of conducting a photoshoot. “You”, “your” or “the client” means those whose name(s) appears on the contract. The due performance of the contract is subject to the conditions below.

 

Session Information & Understanding:

This contract is written specifically for Portrait and/or Boudoir Photography. Boudoir photography, by definition, includes nude, sensual or suggestive poses and themes. The signing of this contract states the client’s understanding that it is their choice to participate in these photos, and the client will not hold the studio responsible for any negative actions or feelings that may commence due to the images of this shoot. The client understands that they will be consulted as to whether or not these images are made public via a variety of media, and will make studio aware of these preferences at the client’s viewing session. The client is agreeable to the terms, conditions, and timeline of the session, and the delivery of images and products. The client states that they are 18 years or older. If the client is not 18 years or older, they understand a parent or legal guardian is required to sign this contract as well.

 

Health Disclaimer: If you have any allergy, health or mobility issues, including but not limited to skin sensitivity, spinal, neck or back problems, it is your responsibility to bring this to the attention of the photographer and makeup artist prior to your session.  Boudoir sessions can be physically demanding and as such, the Photographer cannot be held responsible for any injury the Client may suffer as a result of a Boudoir photography session.  It is possible that you may experience some mild muscular aches the following day, and this is perfectly normal.

 

Indemnification: The Photographer shall be held harmless for any and all injury to the Client during the course of the photography session and the immediately surrounding events.

 

Schedule Arrangements: Due to the nature of the session a strict timeline will be enforced to ensure the package obligations are met. The session will start at the scheduled start time even if the client is late or unprepared. The session end time will remain the same. The client is responsible for providing any props or outfits that are to be used within the session other than those offered by the studio as a standard.

 

Booking Fees and Payments: A sitting fee is required at the time of booking in order to secure your session date, and may vary according to promotional activity but will be no less that £30.  The Client will be required to sign this contract, prior to your session, of which the Client will receive a copy. Please make payment online through our website/or via our online invoice service, in person in cash, or by debit/credit cards or via Bank Transfer to the following:

Account Name: We Create Words and Pictures Ltd Account Number: 13254593 Sort Code: 20-98-75 Reference: (Your Full Name)

 

The Client will receive a voucher of £50 towards any additional purchases, from a list of products on our price list, which will be issued after the session. Your session fee includes one 10x8 print and corresponding digital.  All prints and other products will be payable as extra.  Should you choose to accept your included image, you will waive the right to a refund of your booking fee.  You may, if you wish, request a full refund at your viewing, however you will not be entitled to your free image, and nor will you be allowed to download, scan copy or otherwise acquire a copy of any image that may appear on social media or other marketing vehicle.  Any refunds will be actioned within 7 days of your viewing.  Should you require a refund of your session fee, this must be requested at the time of your viewing.  No other subsequent requests for refunds will be authorized.

 

Additional Fees: In the event that the client specifies a certain location to be used during the shoot, the client is responsible for all location fees involved such as location access fees, parking, etc. Client is also responsible for arranging the location access and any permits/passes related to doing so. There are additional fees for the following: added time, additional outfit changes, any products/prints/services not specified in the package purchased. This pricing will be at the Photographer’s discretion. Additional fees may be assessed for the adding of more than one person within this boudoir session.

 

Cooperation:  The Photographer is not held responsible for behavior of parties involved with the shoot, with the exception of studio personnel. If the desired outcome of your session is jeopardized by the behaviors of parties involved with the exception of studio personnel, The Photographer cannot be held responsible.

 

Completion Schedule: Due to the nature of these sessions, completion and product delivery time may vary.

 

Ordering. The Photographer retains the right of discretion in selecting the photographic materials released to the client. The Photographer shall make edited images available through an on-line gallery proofing website or through an in-person ordering session.

Studio Usage Rights/Copyrights: Client grants The Photographer unrestricted usage rights and copyrights to use and publish photographs in any manner or medium without injury to the Client. Client grants Photographer permission to use images taken within this session in sample albums, marketing materials, editorial, online web presences, including but not limited to, website, social networks, blog, etc. Images may also be used in photographic competitions and for publication in which case the client will release all profits from images. Commercial use of these photos by the Client is prohibited. These images are for personal use only, and may be reproduced for the purpose of sharing with friends and family. In the event that these photos will be published, sold for profit or used within marketing materials, the Client must obtain written permission from -- and compensate The Photographer -- prior to the release. An additional contract will be needed at that time.

In the event that client wishes the images to be kept private and not displayed anywhere publicly, on the Internet or otherwise, please sign and date here…………………………………....………………………………………………….

Reshoot Policy: In the event that the Client requires a reshoot, we require 7 days’ notice. Less than 7 days’ prior notice, will render the Client responsible for an additional retainer deposit to secure that date. In the event that a reshoot has been scheduled because the client is not happy with the images, and provided there is no technical reason for the client to reject the images, the client is held responsible for purchasing an additional package.

 

Limit of Liability:  In the unlikely event that the photographer is injured or becomes too ill to photograph the session, studio will make every effort to secure a replacement photographer unless otherwise specified by the client.  If a suitable replacement is not found or accepted, a reshoot will be scheduled for the next available time slot. In the unlikely event that photographs have been lost, stolen or destroyed for reasons within or beyond The Photographer’s control, liability is limited to the return of all payments received for the session.  The limit of liability for a partial loss of originals will be a pro-rata’d amount of the exposures lost based on the percentage of total number of originals.

 

Refund 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, and we may, at our discretion, offer alternative payment terms. This will not affect your statutory rights.

 

Data Protection In compliance with the Data Protection Act 1998, personal data supplied to the Photographer may be stored for future use. This data will be used to inform you of future opportunities and to be kept up to date and will not be shared with third parties. Should you not wish the data to be stored and/or removed please do so in writing.

 

Orders and Receipt of Goods: a) Any alterations to orders, errors or omissions must be notified within two days after approval of proof. We are not liable for any costs incurred due to alterations to the order made after this time. Mistakes cannot be rectified after this period.
b) Due to the nature of the product we are unable to give exchanges or refunds. This does not affect your statutory rights.

 

Photographs: All image sizes are nominal. The photographer will provide a pleasing colour balance, as previewed before ordering but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres. It is sometimes impossible to record on film/digital media the exact colour as seen by the human eye. All printing is undertaken within the technical limitations of the process; colours may not be identical between subjects and may appear differently on viewing screens and papers. All photographs will, in time, fade, particularly if they are left in bright sunlight and are not behind glass. The Photographer cannot accept any responsibility for this gradual image deterioration. All portraits purchased are presumed to have been received in good condition unless the Client notifies The Photographer in writing of any discrepancy or error within 2 days of receipt.

 

Payment: Full payment must be made before any orders placed into production, via cash, card or payment plan.  Payment plans are available via GoCardless and a separate plan agreement will be provided should you choose this option.  Payment Plans and Credit cards will incur a surcharge at the current provider’s rates, which will appear on your invoice.

 

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. All prices are inclusive of V.A.T.

 

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

 

Artistic License: We shall be granted artistic license with respect to the poses, backgrounds, lighting and props used. Every effort will be made to satisfy the wishes of the client after discussions with them and accommodate all the photographic shots required
 

Force Majeure: In extreme circumstances we may be forced to alter or cancel this contract owing to a cause beyond our reasonable control (e.g. act of God, sudden illness, injury, accident, victim of crime or major incident). In the unlikely event of our cancellation, or a total photographic failure a re-shoot may be arranged. Our liability is limited to a full refund of any fees paid. The Photographer has full Public Liability and Professional Indemnity Insurance.

 

Cancellation Fees: In the event of you needing to cancel your booking, we ask for 48 hours’ notice.  In the event that you have to cancel at short notice (i.e. less than 48 hours) we will re-book your session for another mutually convenient time, and your deposit shall be used against the new booking date, however we can only do this once.  Any further cancellations will result in the retention of your deposit. If the Photographer has to cancel the appointment for reasons beyond our control (injury, death sickness, etc.), our liability shall be limited to a full refund of all monies paid.

Client Usage Rights/Copyrights: This contract is governed by English Law and the jurisdiction of the English courts. UK Law assigns the copyright of all images to The Photographer under the Copyright and Design Act 1988. It is therefore illegal to copy, scan, alter or otherwise acquire any images without explicit written consent from the Photographer. The Client shall be granted permission post images on social networking sites such as Facebook and Twitter. It is a breach of this contract to crop/hide studio logo or otherwise edit or crop the images.

 

Ownership of digital files and negatives: All digital files created by us shall remain the property of The Photographer and we will file and store all such files safely for 12 months for future reproduction.

Complaints: Please address any complaints to We Create Words and Pictures Ltd, either by E-mail to: enquiries@Innovationimages.co.uk or in writing to the address on your contract or invoice

                                                                                                                               
Personal Photography: Please note the use of cameras, camera phones (including still and video) other than the photographer's is not permitted during the session.

 

I have read and fully agree to the terms and conditions of this contract. I understand that this contract becomes effective immediately. *