Terms and Conditions
These are the current terms and conditions for Frances Sutton Photography.
Thank you for booking a portrait photography session with Frances Sutton Photography (“me/I/my/the photographer”). Please read these Terms and Conditions carefully, as they apply to your (“you/the client”) booking (“Photography Services/photo shoot session/sitting”).
Please let me know if you would like to discuss any aspect of these terms and conditions. By continuing with your booking you are agreeing to these terms.
These Terms and Conditions constitute an agreement between the parties and supersede all previous agreements between the parties relating to its subject matter. No variation or agreed termination of these terms and conditions (or of any document referred to in it) shall be effective unless it is in writing. If any provision of this agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. A person who is not a party to this agreement shall not have any rights under or in connection with it.
This agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of England and Wales.
Your booking and/or payment of your session fee signifies acceptance of these terms and conditions as a legally binding contract, unless otherwise objected to explicitly and in writing, prior to accepting my service. No variation of this contract shall be recognised unless explicitly agreed to in writing.
Any booking or payment made to me (including the session fee) indicates that you have read, understood and agreed to all the terms and conditions as set out in this document in its entirety. If this contract has to be enforced, you agree to mediation instead of court proceedings.
Copyright & ownership
The copyright and all other rights in the Photos shall be retained by Frances Sutton Photography. The Photographer asserts the right to be credited as the author of the Photos in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988. Any unauthorised reproduction or modification of any images will constitute a breach of copyright. This includes making copies or ‘screen shots’ of images shared by the photographer online.
Sometimes the photographer may share previews or “sneak peeks” of your images, or give you access to an online gallery of images. These images must not be copied, screen shot, downloaded, edited or altered in any way.
If you wish to share photographs to your own network (i.e. Facebook, blog or any other online channels) you agree to do so only once you have purchased and paid for them. In addition, you agree to include the photographer’s company name (Frances Sutton Photography) and Facebook page or Website (francessutton.com.com) in your posts.
Clients are not permitted to take their own photographs at any portrait photography session.
Your portrait session is reserved when paid for. Session fees are non-refundable.
Rescheduling & refunds/canellations
Sometimes it is necessary for the photographer or client to reschedule, for example due to injury or serious illness. If there are unavoidable circumstances that affect your ability to attend our photo session, please let me know as soon as possible that you can no longer attend, and at least 48 hours in advance.
Please note that any new date will be subject to the Photographer’s availability.
In the event that we cannot agree another date, or if you are unable to attend your re-booked session, then your session fee will be lost.
Your session fee is non-refundable should you decide to cancel your portrait shoot.
Please note that all Gift Vouchers and Gift Certificates are non-refundable.
Price & payments
The price for your photo shoot session will be as agreed at the time of booking. Booking your session by paying your session fee guarantees that you receive my current portrait rates. Sessions rescheduled by the client are subject to the prices current at the time of rescheduling. Prices on the website or on marketing materials may be out of date, and I reserve the right to adjust prices at any time without prior notice.
All photoshoot sessions must be taken within 12 months of the session fee payment being made. Any exceptions to this need to be agreed in writing, and the current prices and booking conditions will apply.
The balance is to be paid in full before any prints, albums or other products are ordered on your behalf. Payment can be made by Bank Transfer, Card Payment via PayPal, or by cash.
Session times & duration
Please make every effort to arrive on time for your session and please let me know as soon as possible if you anticipate arriving late. If you are more than twenty minutes late, your session may have to be cancelled, with no refund or re-shoot provided.
If a session duration is not specified as part of your package, I will end the session at my discretion when I determine that adequate images in terms of quality and quantity have been captured.
You grant the photographer full creative licence to shoot, select images, edit images and deliver them in the style and method chosen by the photographer and reflective of the style and quality advertised by the photographer.
Special image request
I will make every effort to comply with requests for specific photos. Please ensure these are notified to me in advance of the shoot. Requests that are felt to be unsafe will be refused. It may not be possible for all of the images requested, or those expected, to be captured.
Shortlisting & editing
I will carry out any shortlisting and editing necessary to prepare the portraits for your viewing and selection. Please be aware that editing of hair, particularly roots, cannot be done.
The photographer’s choice of image selection is final. Additional editing can be requested but is delivered at the photographer’s discretion and may incur additional charges.
Order sales & fulfilment
Please make your decisions on which images you would like to purchase and in which formats within the window of time that your gallery will be open, as indicated by your myself. Reopening your gallery after this time will incur a fee.
Due to the nature of custom photography, all orders are final and cannot be cancelled or refunded.
Delivery times for prints, albums or other products may vary and will be advised at the time of ordering, but is usually within four weeks.
I will keep all images on archive for one month from the date of your photo shoot session, after which they may be permanently deleted.
It is your responsibility to backup any digital files you receive. Please create multiple backups on different devices, and ensure the safe keeping of any prints, albums or other products.
In the unlikely event of technical problems, camera/photographic failure, loss of image(s) before delivery to the client is made, injury or sickness beyond my control, my liability shall be limited to a full refund of all monies paid.
I will not be liable for any acts, events, omissions or accidents beyond my reasonable control, including strikes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, inclement weather or default of suppliers or sub-contractors.
The limitation on liability shall also apply in the event that Photos are lost through equipment malfunction, are lost in the mail or otherwise lost or damaged. My total liability for any breach, representation, act or omission (including negligence) shall be limited to my fee in relation to the Photo Services and I shall not be responsible for any special, indirect or consequential or pure economic loss, costs, damages, charges or expenses.
In the event of incapacitating illness or injury to the Photographer, I will have the option, whenever possible, to mutually agree with you a replacement photographer to carry out the Photo Services. If we cannot agree a replacement then I shall refund to you any fee paid in relation to the interrupted Photo Services in full.
Any directions issued to clients, their guests or employees during a photographic shoot/event are deemed to be at said persons own risk. Frances Sutton cannot be held responsible for any personal accidents during a photographic shoot.
Frances Sutton is not responsible for the quality of services provided by business partners or other third parties. Your statutory rights are not affected.
Frances Sutton holds Public Liability and Professional Indemnity Insurance.
Use of your Images
As a portrait photographer, it is very important to be able to share some of the images I take. The images may be used for editorial, advertising, website and social media purposes. I offer a £25 discount on print orders to clients who are happy for me to use their images.
If you would rather your images were not used in this way, please let me know in writing.