Terms and 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 LeAnn Arrowsmith trading as ‘LeAnn Arrowsmith Photography’ (known as “the Photographer”) in writing.
2. Agreement and acceptance of terms
All agreements and transactions between LeAnn Arrowsmith Photography and any clients (known as the “Client”) are subject to these terms and conditions. All clients who book a photo shoot session from LeAnn Arrowsmith Photography agree from that point forward to be bound by these terms and conditions.
If the Client does not accept the terms and conditions set out hereto, the Photographer reserves the right to cancel the session at any time prior to the session.
3. Booking and Payment
The Client shall make a non-refundable deposit (specified by the applicable session or package) to the Photographer to perform the services specified therein. Upon payment, the Photographer will reserve the time and date agreed upon by both parties. The deposit will be deducted off the final session price, which is due in full, 24 hours prior the session. Booking fees taken for any session are non-refundable except in the event LeAnn Arrowsmith Photography cancels the booking and is unable to carry out the photoshoot (please also refer to section 13).
If the Client requests to amend or cancel this agreement 5 or more calendar days before the session date, the deposit shall be applied to a mutually agreed rescheduled date. If the Client cancels this agreement or fails to attend (i.e. on location) at the session, 5 or less calendar days before the session date, the deposit shall be forfeited. The Client understands and agrees that the Photographer will not book other sessions during this time. In the event that the Client cancels the specified session or fails to attend the session on the Session Date, for any reason, Photographer shall suffer losses which are difficult to ascertain.
5. Rescheduling/Late Arrivals
In the event that the Client requests to reschedule a session, the deposit shall be applied to a rescheduled session if notice is given at least 5 days prior to the schedule event. Rescheduling must be within the same calendar year. Any Client that is late arriving to the session (i.e. on location) will have the amount of time late deducted from the time allotted for the session. Only one reschedule will be permitted and any further rescheduling will incur a further booking fee of £25.
The Client shall maintain control of other subjects including siblings. It is the responsibility of the Client to ensure the cooperation of additional subjects as not to intrude on the baby’s immediate area. The Client shall provide all necessary controls over additional subjects.
If the Photographer is unable to perform the session due to a baby or child's disposition, condition, or circumstances listed within this contract, at the discretion of the Photographer an alternative may be offered. No refund will be offered as an alternative.
8. Artistic Rights
The Photographer retains the right of discretion in selecting the photographic materials released to the client.
9. Photographic Materials
All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall make gallery proofs available on an online gallery. These proofs shall be available to the Client for 2months in which the client has this time period to download their images.. Although LeAnn Arrowsmith Photography will do its best to produce more proofs than discussed with the Client there is no guarantee that any particular number of proofs will be produced. After 6 months from your session date LeAnn Arrowsmith Photography will no longer be responsible for storing your image files. RAW files are never supplied/shared with the Client.
10. Copyright and Reproductions
The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s social media, including a Facebook page and Instagram, website and/or studio when applicable. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the Photographer.
11. Client’s Usage
The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial use or authorise any reproductions by parties other than the Photographer. If the Photographer provides a digital file print release, the Client must act in accordance with the release.
12. Social Media
The Client may share blog post links and Facebook albums through use of the share functions and dissemination of direct links. Client shall not copy, download, screen shot, or capture the photographs in any other fashion. If the Client shares images online or on social media, they are to mention and tag the Photographer for credit. Client cannot crop, edit or alter the images in any way. Releasing photographs online by the Client (i.e. Facebook, blog or any other online channels) are prohibited unless the photographer’s company name, Facebook Page and/or Website is displayed by watermark, or is mentioned and tagged along with the image.
13. Force Majeure
If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God, government action, pandemic or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If after two dates are provided and a reschedule is still unable to be agreed upon, the Photographer shall return the deposit to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited.
The Photographer shall not beheld liable for any and all injury to Client or Subjects during the course of the photography session and the immediately surrounding events.
15. Photographer’s Standard Price List
The charges in this agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically, and future orders shall be charged at the prices in effect at the time when the order is placed.
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties.
The photographer will endeavour to deliver digital images as quickly as possible – an estimated time will be provided to the client.