TERMS AND CONDITIONS

It is mutually agreed that the following terms of agreement, form an integral part of this contract and that no variations or modifications of this contract shall be effective unless accepted by both the Photographer and the Client, in writing. This document uses the term 'Photographer' or 'the Photographer' in reference to Liz Devonshire of Liz Devonshire Photography, or any other photographer working on behalf of Liz Devonshire Photography.

 

 

BOOKING AND PAYMENT Upon booking, the Photographer will reserve the date and time agreed upon, and will not make any other reservations for that time and date. Either by paying a non-refundable booking fee of £ 250.00 or the full amount of the balance, which will secure your Photographic Session or Content Sessions, the balance of the fee must be paid at least 14 days before the shoot or first online session date. No shoot can take place or images provided unless payment in full has been received. By booking Liz for a shoot or content sessions, you show you have read, understood and agree with the Terms and Conditions in this contract.

 

CANCELLATION AND POSTPONEMENT

If the Client cancels the Photography or Content Sessions, a refund (excluding the booking fee) of the balance exists up until 14 days prior to the reserved date, less expenses and administrative time which is charged at £150 per hour. (Costs may include travel and accommodation). If the session is cancelled less than 14 days prior to the shoot the total fee will be retained. Should the cancelled appointment turn out to be a postponement, then subject to the Photographers availability, all monies paid may be applied to the new appointment. The Balance of the amount should still be paid to the photographer 14 days before the original shoot date. If the postponement were to lead to additional planning / time/or costs, part of your original fee may be put towards this and an extra payment may be incurred. If the appointment is cancelled by the Photographer due to adverse weather conditions, or unforeseen circumstances a new mutually agreed appointment will be made, suitable professional cover, or a full refund of fees paid. A refund will be the full extent of liability in these circumstances.

 

WEATHER Prior to your shoot the photographer will be keeping a close eye on the weather. She will give you a weather update approx. 48 hours before your booked date.Should the weather look like heavy rain / all day rain, very windy (over 18mph), very cold (below 5 degrees) or very hot (over 28 degrees) or any other extreme weather, the photographer may advise postponing your session. There are no fee implications for photographer-advised weather related shoot date changes.Weather apps are usually very good but, as with all weather prediction, not 100% accurate. Should your shoot date turn out to have unexpected weather, more time may be required to capture your images. Please allow for this in your schedule. No additional fee is charged for weather-related shoot time implications. Should you wish to go ahead on a date which the photographer has advised changing / postponing due to weather-related reasons, then additional time may be required. This is charged per hour at the fees applicable at the time. Should you wish to postpone when the photographer has advised that it is possible for your shoot to go ahead, then your booking fee will be used to cover admin and costs outlaid by the photographer in planning your session. A new shoot fee will be required to confirm a future booking.

 

LIMIT OF LIABILITY

In the unlikely event that the Photographer is injured, becomes too ill, or has an emergency that prevents them from attending the photography or content sessions, the Photographer will make arrangements to reschedule that Session. If a suitable day for reschedule is not agreed upon, the Client agrees that responsibility and liability of the Photographer to the Client is limited to the return of all payments received for the Photographic or Content Package. In the unlikely event that digital files have been lost or stolen, or destroyed for reasons beyond the Photographer’s control, including but not limited to camera, hard drive or equipment malfunction, the Photographer’s liability is limited to the return of all payments received for the Photography Package or Content Sessions. The Photographer cannot be held responsible for indirect or consequential losses (for example, missed business opportunities, emotional distress, or outcomes connected to business/ campaign results). 

 

INSURANCE The Photographer holds full insurance which will cover any accidents or damage taking place in your home. However, the Photographer will not be held responsible should the client not heed her safety instructions and behave in a reckless and dangerous manner around photographic equipment, which includes camera, tripods, lighting equipment, wires and backdrops, the photographer has professional indemnity insurance, and public liability insurance (to the value of £1 million). Failure to inform the photographer of anything that may impact your shoot may affect her ability to advise you appropriately, could invalidate her insurance terms, and may incur additional fees.

 

ADDITIONAL PROFESSIONALS The photographer may work with other industry professionals to complete your work. These may include independent freelance photography assistants, location scouts, make up and hair artists (MUAs), stylists, editors and re-touchers. In most cases, independent freelance professionals are responsible for their own insurances and indemnities, if you bring in other professionals it is your responsibility to ensure they have insurance.

 

CLIENT CONDUCT - (Respect & Safety).  The photographer reserves the right to end a session immediately, without refund, if a client behaves in a way that is unsafe, inappropriate, abusive, or makes her feel uncomfortable. This includes behaviour towards the photographer or members of the public during on-location sessions. Your booking confirms that you agree to maintain a respectful and safe working environment

 

VISION The Photographer has many years of experience as a photographer. Working to your brief, she will capture a high quality set of photographs that aim to boost engagement with your business and brand profiles. She shall be granted artistic licence, and her photographic judgement deemed correct. She will carry out the photography to the best of her ability. The photographer will endeavour to capture all of the shots you require and to translate your brief in the way she deems best to give you the shots that you want. For a particular look/ formal posed shots/ style/ location/ backdrop/ colour palette/ selection of shots/ number of shots/ particular format and delivery, please discuss your requirements with the photographer in plenty of time before your shoot so she can ensure she has everything covered for your shoot day

 

CAMERAS & LENSES The photographer uses professional Canon cameras and lenses. She will bring both a main camera and back- up camera to your session to ensure your shoot goes smoothly. The photographer may also provide basic lighting, a mobile studio set up. Where hire equipment may be required, additional costs apply.

 

TIMINGS AND TRAVEL/ WAITING TIMES Your booking time will include the shoot time, set up time, waiting time and walking /travel between locations. Please allow for this in your planning. Extra photography time and/or consultation time is bookable, please enquire for pricing.

 

LOCATIONS & VENUES (CLIENT SPECIFIC) The client is responsible for sourcing locations that align with their business. The client agrees to manage any locations they have booked and must supply all requirements and restrictions to the photographer prior to the photo session.

 

LOCATIONS & VENUES (ARRANGED BY THE PHOTOGRAPHER) Should the photographer have sourced a location/s on behalf of the client, the photographer will advise the client on any and all fees, requirements, restrictions which must be adhered to, in good time before the shoot.Search fees may be charged.

 

LOCATION REQUIREMENTS FOR PHOTOGRAPHY The photographer needs adequate time, plenty of space and good natural light to take optimal photographs. Although it's possible to shoot in many different settings the client understands that these requirements should be met for optimal conditions. Where possible, the client must supply details of interiors (dimensions and available natural light).'Adequate time' means time to recce, set up, shoot, and pack down. 'Plenty of space' means: a) room to stand away from the client and use a long lens (for most flattering shots), at least 4 metres between the subject and photographer if possible. b) room to set up lights, reflectors, other equipment, if required  c) room to move furniture out of shot, if in an interior space  d) good ceiling height for lighting 'Good natural light' means: e) spaces with light and shade (overhead cover) outdoors f) large windows indoorsPlease discuss your ideas for locations so a recce can be arranged in advance.

 

AFTER YOUR PHOTO SESSION PREVIEW IMAGES The photographer will supply a set of preview images, typically viewable in a private online gallery .

 

PROCESSING INCLUDED a) transferring the images from your shoot from the camera to the computer and backing up across three systems  b) reformatting RAW files to a file format for viewing  c) preparing pre-view images for your viewing, which may include blanket adjustments for colour, tint, brightness and contrast

 

IMAGE ENHANCEMENT The photographer will endeavour to edit your images in keeping with her current portfolio and any example images she might send you pre-shoot.Enhancement may include adjustments for exposure, tone, contrast and white balance.

 

RETOUCHING Light retouching may be included when required. Light retouching includes clothing spots / loose end removal, blemish removal, and gentle under-eye shadow touch up.

 

MASTER RETOUCHING All of your selected images will receive gentle retouching to soften skin, enhance shadow areas and to remove spots and blemishes.

 

CUSTOM RETOUCHING Should you have specific retouching requirements, please let the photographer know. Custom retouching may be charged in addition, at the charges at the time, and may be outsourced.

 

NUMBER OF IMAGES DELIVEREDAs per your booked package / or bespoke booking agreement.

 

FINAL IMAGE FORMAT – JPEG (sRGB) Images will be delivered as jpegs at the stated resolution in an sRGB colour space unless arranged otherwise. These images will be enhanced unless requested otherwise. No RAW files are included in your photography package.

 

ADDITIONAL IMAGES Additional jpeg images can be purchased after your session, in web or print resolution, at the 'additional image' charges at the time. Image bundles are available.

 

WEB & PRINT RESOLUTIONS   Web: Images at 1500 pixels on the long side (optimal printing size of 5 inches on the long side). Print:  Images at 3600 pixels on the long side (optimal printing size of 12 inches on the long side).

 

CUSTOM RESOLUTIONS: Should you require larger images or custom sized images, please inform the photographer at the time of booking.

 

FURTHER EDITING, AI & IMAGE MANIPULATION  Once images have been delivered, images must not be altered in a way that misrepresents the photographer’s work or harms her reputation.The photographer is not responsible for any alterations made by the client or third parties, including edits made using AI or image-manipulation software.

 

AI USAGE (Client specific) The creation of additional or new images created from Photography by Liz Devonshire will be deemed a breach of contract and as such a charge per image created and published either on or offline will be charged an additional usage fee currently of £75 (this may be subject to rise) per image created. Images may not be used to train artificial intelligence systems, image generators, or similar technologies without written permission.The photographer is not liable for any misuse, unauthorised editing, or redistribution of images once delivered.

 

IMAGE DELIVERYImages from your shoot will be delivered by digital download from an online gallery or We Transfer (or similar).

 

TURNAROUND TIMES – VIEWING IMAGES Selected images will be delivered no more than 14 working days from the date of receiving final selections.

 

RUSH DELIVERYRush delivery is available should you require the images from your shoot more urgently. Rush delivery incurs an additional fee, please enquire for more details.

 

IMAGE STORAGE The photographer may keep your images in their archive for no less than one year. Should you need replacement images supplied in the future, they are charged at the fees that apply at the time plus an admin fee (currently £75 admin fee).

 

EQUIPMENT FAILURE / DATA LOSS Technical IssuesThe photographer uses professional equipment and backup systems. However, in the unlikely event of total image loss or technical failure beyond her control, liability will be limited to either: A reshoot (where reasonably possible), or A full refund of the fees paid. No further compensation will be due.

 

USE OF EDITING SOFTWARE & AI TOOLS The photographer may use professional editing software, including AI-assisted culling and retouching tools, to enhance images efficiently and consistently with her portfolio style. AI tools are used as part of a controlled professional workflow and are always reviewed and refined by the photographer. Final creative decisions remain the responsibility of the photographer.Client images are not knowingly used to train public AI systems.

 

THIRD-PARTY PLATFORM DISCLAIMER Image and consultation software and platforms are third-party services. The photographer is not responsible fortechnical issues, outages, or data handling practices of third-party providers. The photographer uses reputablecompanies with ethical data handling practices.

 

DATA CONSENT The data the photographer / Liz Devonshire Photography collects in preparation for your photo shoot includes your name, phone number, email address and other details to assist in planning and executing your shoot.

 

DATA PROTECTION (GDPR- Your Data).  Personal data is collected and processed in accordance with UK GDPR.Your information is used only for the purpose of delivering your photography and/or consultation services. It is stored securely and never sold to third parties. If specialist services are required (such as outsourced retouching), only relevant image files will be shared securely. The photographer may use trusted third-party software providers to deliver editing, storage, writing or consultation services. These providers are used as data processors where required. Reasonable care is taken to use reputable platforms with appropriate security standards.You may request access to your personal data or request its deletion at any time, subject to legal and contractual obligations.

 

DIGITAL SECURITY While reasonable care is taken to store and transmit files securely, no digital platform can guarantee absolute security. The photographer cannot be held responsible for unauthorised access, hacking, or data breaches beyond her reasonable control.

 

DATA CONSENT: Colleagues/ Team members/ Guests / friends / family / other people in your images. For any other people included in your photos, you become a joint Data Controller with the photographer.

 

COMPLETION SCHEDULE  The Client agrees that no photographs, digital files or prints, will be delivered until full payment is received.Digital processing and post production will take approximately fourteen days. Photographs will be provided to the Client either by electronic transfer, USB stick, or on a disc no more than twenty-eight days after the Portrait Session.

 

MODEL RELEASE  Model Release outlines the permission you give the photographer for use of the depiction of you captured in the images taken during your session.Whilst the photographer owns the images she has taken, you remain the sole owner of the depiction of you captured in the image.

 

MODEL RELEASE – YOU  You give your model consent for the photographs from your session to be used in the photographer's portfolio. If you should not wish the images from your session be used in the photographer's portfolios, please inform the photographer in writing (by email).

 

MODEL RELEASE – OTHERS Colleagues/ Team members/ Guests / friends / family / other people in your images Other people appearing in your images must sign a Model Release form. The photographer can supply a form on request. Should your photo session be an event, you agree to clearly advise attendees aware that a photographer will be taking photos throughout, and to provide a system for attendees to opt out should they wish.

 

DIGITAL NEGATIVES, PRINTS AND COPYRIGHT/IMAGE USAGE The photographs, digital negatives or prints produced by the Photographer, are protected by InternationalCopyright Law (all rights reserved) and the Photographer retains the copyright to all photos and images produced. The Client will receive a copy of the digital photographs via electronic transfer, as part of the Photographic Package. The Client may reproduce any images in any manner they like. However, the Client must not reproduce any images for publishing without informing Liz Devonshire or selling for profit. Liz Devonshire holds full copyright of the photographs. Liz Devonshire’s photographs are also protected by moral rights. Liz Devonshire asserts her moral rights to be identified as the author wherever and whenever her photographs are copied or distributed by any means. Liz Devonshire retains all intellectual property rights including copyright to the images that she takes during any session.

 

IMAGE USAGE TERMS Image use outlines the permission the photographer gives you for use of the images she takes during your session. The photographer's images may only be used in accordance with copyright, and the licence issued by the photographer.

 

IMAGE USE LICENCE On payment of your full fee the images you have selected from your session are licensed for your personal and business use including: + website+ social media use+ print use including brochures, leaflets etc+ promotional use; in articles, newspapers, magazines etc (Please CREDIT:…Liz Devonshire Photography) Your images are not licensed for re-sale, products for re-sale, or third party/supplier commercial use.Permission is required from the photographer for all additional uses. Additional fees may be payable.Commercial / advertising : the photographer will advise on Image Licensing and Fees.

 

CREDITING THE PHOTOGRAPHER A credit is always welcome and appreciated where given. A credit must be used when using the images in press and publications (CREDIT: Liz Devonshire Photography)

 

USAGE BY THE PHOTOGRAPHER Liz Devonshire reserves the right to use customer’s photographs for any purpose whatsoever, including promotion and marketing of her business. This includes web sites, advertisements, books, brochures and entry intonational and international competitions.

 

If you do not wish this to happen please inform Liz before your photographic session.