Terms of Engagement
Pre-Photo Shoot
1.1 Please fill out a contact form or email meghan@meghanclaire.co.uk to make a booking, where you pick the package of your choosing. Aspects of these packages are negotiable, in terms of an overall price or deal for included products.
1.2 When you book online, we reserve the right to alter the time of booking if clashes with travel time from another shoot. We will contact you when the booking is made, to alter said booking if said clash does occur.
The Photo Shoot
2.1 We will use all the reasonable endeavours to hold the Photo Shoot on the Photo Shoot Date, at the Photo Shoot location, subject to our Cancelation, Rescheduling and Refund Policy set out in section 6 below.
2.2 Due to the nature of the subjects of the photographs we take during your Photo Shoot (“Photographs”), we cannot guarantee any particular outcomes or guarantee the fulfilment of any specific requests for the Photo Shoot. However, we will conduct the Photo Shoot using professional skill and care.
2.3 In any event, we will endeavour to accommodate any reasonable requests from you regarding the artistic direction of the Photo Shoot, but the Photographer retains the absolute discretion as to the nature of the Photographs.
2.4 A parent or guardian must be present at all times if we are photographing children. You must not take any photographs of the Photo Shoot without first obtaining permission from the Photographer.
Image Viewing
3.1 There are a couple viewing options of your images, post Photo Shoot. First option, is via an online gallery (“Proof Images”), (see 3.3). The second option, is booking a time for a “Viewing Session”, (see 3.2) within 14 days of the the Photo Shoot Date, however during busy periods this timeframe may be extended.
3.2 The Proof Images will be presented by the photographer on a date agreed between you and and the Photographer. We may charge a Viewing Fee (as set out in our Price List or otherwise advised to you, and which will be payable at the time of booking the Viewing) as well as cancellation fees and rebooking fees if you cancel your scheduled viewing (any rescheduled Viewing must take place within 2 months of your Photo Shoot Date). The Photographer will determine the format in which the Proof Images are presented. Unless otherwise agreed by the Photographer, you must make your selection of Photographs and Artwork Products within 14 days from the date of the Viewing/at the viewing/online order.
3.3 Your Proof Images will be presented as an online gallery comprising of low resolution web-sized watermark files. We will advise you by email when your Proof Images are ready for you to view. Your Proof Images will be available for 14 days from the date of email. This email will include a password to gain access to your password protected gallery of Proof Images from your Photo Shoot. You are solely responsible for maintaining the confidentiality of any password we provide and you may not disclose your password to any other person. You agree to accept responsibility for all activities that occur through the use of your password by a third party.
3.4 The number of Proof Images available to view will vary from session to session. We will take into consideration your specific requests as regards the contents of your Proof Images, but we retain absolute discretion regarding: (a) which Photographs we include in your Proof Image Gallery (it being acknowledged that not all Photographs taken during the Photo Shoot will be included); and (b) the application of any digital editing to any photographs.
3.5 Each Proof Image will have a Reference Number. These numbers are to be used to choose your images, either included in the Package of your choice or any extras you may want to order. With these Reference Numbers, you are to email them to meghan@meghanclairephotography.com and we shall get them to you as soon as we can.
3.6 Requests you make for specific corrections to images, or re-editing of images, may attract additional costs. We will advise you of the the costs upon request. Please note that we do not provide RAW images.
3.7 You acknowledge that: (i) your access to and use of your Proof Image Gallery may be suspended during any unanticipated or unscheduled downtime or unavailability of any portion or all of our website, including as a result of power outages, system failures or other interruptions; and (ii) we are entitled, without any liability to you, to suspend access to any portion or all of your Proof Images and/or our website at any time (a) for scheduled downtime to permit us to conduct maintenance or make modifications to your Proof Images or our website; (b) in the event of a denial of service attack or other attack on our website and/or our servers or other event that we determine, in our sole discretion, creates a risk to you or to any of our other users; or (c) if it is necessary or prudent to do so for legal or regulatory reasons (collectively “Service Interruptions”). Where practicable, we will endeavour to post updates on our website regarding any Service Interruption and resumption of service following any such suspension, but we are not liable for the manner in which we may have to do so or if we fail to do so and we shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Interruption.
Artwork Products
4.1 If you order an Artwork Product, a proofed layout of the Artwork Product, together with any options available to you, will be submitted to you for approval before the Artwork Product is printed. You may request reasonable changes as part of the approval process, but some changes may be subject to additional charges. We will advise you if additional charges apply. We will not submit any Artwork Product for printing unless and until the proofed layout has been approved by you and you have confirmed your options (where available). You will be liable for any costs associated with any changes requested after you have approved the proofed layout.
4.2 Package including a book as the Artwork Product will use reference numbers as the way for you to choose which images you would like included in the layout. Please note, we will endeavour to accommodate any reasonable requests from you regarding the artistic direction of the book layout, but the Photographer retains discretion on best combination of images within the book.
Delivery + Postage
5.1 We will let you know when you place your order when to expect to receive the Package and Artwork Products (as applicable). Lead times from receipt of your order and payment typically start at two weeks for digital images (without retouching) and up to two months for some Artwork Products. Any delay in payment of fees payable to us will affect the delivery period. If your Package includes digital images, these will be delivered on media storage by post to the address specified in the Key Terms. Artwork Products will be delivered to the address specified in the Key Terms. Risk in the Package and Artwork Products will pass to you upon delivery.
5.2 Postage price will be included in the price of each Package option.
Cancellation, Rescheduling and Refund Policy
Cancellation
5.1 Legal right of cooling off. You have 14 days after the day we accept your booking to cancel the Photo Shoot; this is called the cooling off period. However, once we have completed the Photo Shoot you cannot change your mind, even if the cooling off period is still running. If the cooling off period is still running and you decide to cancel after we have started the Photo Shoot, you must pay us for the service provided up until the time you tell us that you have changed your mind. We will refund you the Total Session Fee by the method you used for payment within 14 days, less the cost of any photography services already provided up to the time of cancellation (including Supplemental Session Fees). We offer additional cancellation rights once the cooling off period has expired. These are set out below.
5.2 Additional Cancellation Rights. In addition to your legal rights referred to above, you are entitled to a full refund of the Session Fee if you cancel your Photo Shoot no later than 14 days prior to the Photo Shoot Date. Except in exceptional circumstances and in our sole discretion, we are unable to refund the Session Fee if you cancel after this date, but you may request that the Photo Shoot Date is rescheduled. Any Supplemental Session Fees paid or payable to a third party are only refundable to you following cancellation of the Photo Shoot if we are ourselves able to obtain a refund from the third party.
5.3 If you wish to cancel the Photo shoot, please contact us using the phone or email. Contact information can be found on the contact page of meghmanclairephotography.com
5.4 We may cancel you Photo Shoot for any reason prior to the Photo Shoot Date. We will then provide a full refund of the Total Session Fee, unless we agree a rescheduled Photo Shoot Date with you.
5.5 We may terminate your Photo Shoot on the Photo Shoot Date if we consider there are extenuating circumstances, for example, inappropriate behaviour or a model is ill. We are not required to reschedule the Photo Shoot or refund any of the Total Session Fee to you in these circumstances.
Rescheduling
5.6 You should give us as much notice as possible if you wish to change the Photo Shoot Date. Occasionally, we may need to reschedule the Photo Shoot Date (for example, weather conditions and events outside our control). and, in such event, we will give you as much notice as possible. We will use reasonable endeavours to reschedule the Photo Shoot to a date that suits you, but cannot promise that an appropriate date will be available.
5.7 You may reschedule the Photo Shoot Date “once” at no cost to you, after which you must pay a fee equal to 50% of the Session Fee each time you wish to further change the Photo Shoot Date. Any Supplemental Session Fees paid or payable to a third party are only refundable to you following rescheduling of the Photo Shoot is we are ourselves able to obtain a refund from the third party. You may be required to pay further Supplemental Session Fees in connection with the rescheduled Photo Shoot Date.
5.8 Rescheduled Photo Shoot Dates may not be cancelled.
Defective Items and Returns
5.9 We are under a legal duty to supply Packages and Artwork Products that are in conformity with these Terms and Conditions. You should check your delivered Package and Artwork Products and advise us in writing of any defects or errors as soon as possible. Nothing in these terms will affect your legal rights.
Order Cancellation
5.10 Your Photographs and Artwork Products are personalised for you so you do not have any right to cancel your order and we are unable to refund or offer and exchange if you change your mind. This doesn’t affect your statutory rights.
Fees and Payment
6.1 You must pay the Total Session Fees in accordance with the terms of payment specified in the Key Terms. If any payment is due prior to the date of the Photo Shoot, full payment must be received ignorer to confirm your booking. The Total Session Fees are only refundable in accordance with our Cancellation, Rescheduling and Refund Policy set out in section 3 above.
6.2 The fee that you pay for your Artwork Products or Package will depend on which Package and Artwork Products you select. Prices for all of our Packages and Artwork Prices are set out in our full Price List, which is available on request. Our prices are guaranteed for a period of 90 days from the Photo Shoot Date and after that our prices are subject to change on notice.
6.3 You must pay the Package Fee applicable to the Package and Artwork Products you order in accordance with the terms of payment set out in the Key Terms. No part of your order will be delivered unless and until we receive payment in full of all amounts due.
6.4 Unless otherwise stated, all fees that are applicable to you are inclusive of VAT.
Liability
7.1 We maintain professional indemnity insurance and whilst we make every effort to ensure that your Photo Shoot is a safe and enjoyable experience and that you receive Photographs and Artwork Products you will cherish, occasionally things go wrong. This section outlines our liability to you in those circumstances.
7.2. Our aggregate liability to you due to, under and/or arising out or or in connection with these Terms and Conditions in contract, tort (including negligence), breach of statutory duty or otherwise, will not exceed the Total Session Feed and Package Fee actually paid by you to us in relation to the Photo Shoot and your order. We will not be liable to you for:
(a) Your loss of profit, loss anticipated savings, loss of revenue or earnings or loss of business (in each case, whether direct or indirect); or
(b) Any indirect or consequential loss.
7.3 Nothing in these Terms and Conditions will in any way exclude or limit our liability to you for:
(a) Death or personal injury caused by our negligence.
(b) Fraud or fraudulent misrepresentation; and/or
(c) Any other matter for which it would be illegal to exclude or attempt to exclude our liability.
7.4 Unless the Photographer enters into these Terms and Conditions in his or her personal capacity or as a sole trader, the Photographer is not a party to these Terms and Conditions and has liability to you in connection with the Photo Shoot or the Photographs pursuant to these Terms and Conditions.
7.5 Except as set forth in this section 7, to the fullest extent permitted by law, we disclaim all warranties, implied or express.
Intellectual Property Rights
8.1 We will be the first owner of any copyright in the Photographs, under section 11 of the Copyright, Designs and Patents Act 1988, as the author of the artistic works that are the Photographs. No right, title or interest in the Photographs or any copyright therein is granted to you, except as expressly set out in these Terms and Conditions.
8.2 If you purchase Artwork Products, you will own the Artwork Product, that being the medium on which a Photograph is printed, once you have paid for it in full. Copying, scanning or other reproduction of an Artwork Product is an infringement of our rights and is strictly prohibited.
8.3 If you Purchase a Package comprising digital images, you are entitled to create Artwork Products using the digital image for your own personal use and you will own the medium on which the digital image is printed. in all cases, your ownership of the Artwork Product is subject to our ownership of the copyright and other intellectual property rights embodied in the Photographs.
8.4. Without our prior consent, you undertake not to (a) use any Artwork Product or Digital images that are provided to you for any commercial purpose, or (b) crop, resize, edit, manipulate or otherwise alter any Artwork Product or digital image provided to you. We may apply anti-copying measures to all Artwork Products that are provided to you in any Package and to any Digital images that are displayed one our website or in your Proof Images Gallery. You agree not to try circumvent any such measures.
Privacy
9 We use and Process your personal information accordance with our Privacy Policy a copy of which is included in these Terms and Conditions.
Miscellaneous
10.1 Entire agreement: The Key Terms and these Terms and Conditions contains the entire agreement between you and us with respect to their subject matter.
10.2 Confidentiality: Each party will keep confidential and not disclose to any third party or use (except as contemplated in these Terms and Conditions), any non-public information obtained from the other party that is marked or otherwise designated confidential (“Confidential Information”); provided, however, that neither party shall be prohibited from disclosing or using Confidential Information that: (i) is publicly available or becomes publicly available through no act or omission of the receiving party, (ii) is or has been disclosed to such party by a third party who is not under an obligation of confidentiality with respect thereto, (iii) is of has been independently developed by such party, without use or reference to the other party’s confidential information, or (iv) must be used or disclosed under court order or applicable law, provided such us or disclosure is to the minimum extent required by such court order or applicable law. You also agree not to disclose the terms of these Terms and Conditions to any third party.
10.3 Events Outside Our Control: If we are prevented or delayed from carrying out the Photo Shoot or supplying your Package or Artwork Products by an event outside our control (including acts of God, fault or failure of equipment, software, hardware, networks or infrastructure or failure by third parties), then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for failure or delays caused by the event, but there is any risk of substantial delay you may contact us to end the contract and receive a refund for any goods or services you have paid for but not received.
10.4 Governing Law and Jurisdiction: The Key Terms and these Terms and Conditions, and any dispute or claim arising out of or in connection with them or the Photo Shoot (“Dispute”), whether of a contractual or non-contractual nature, will be governed by and construed in accordance with the laws of England. You and we irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any Dispute.