TERMS AND CONDITIONS
Fees and Payment
- Session Fee: A session booking fee is required to book and secure the time and services of the photographer for the shoot, and until it is paid the time slot is not confirmed. In the event of a cancelled session this booking fee is non-refundable. See our cancellation policy for more details.
- Additional Costs: There are additional costs for the following: digitals, prints and products, not included in the session fee. Refer to the full product pricing for specific pricing amounts.
- Time keeping: Due to the nature of the business, we try to create a strict timeline that will be enforced to ensure that all schedules run smoothly. The session will start at the scheduled start time, even if the Client is late. The session end time will remain the same.
- Co-operation: Elena Mason Photography is not held responsible for the behaviour of parties involved with the shoot. If the desired outcome of your session is jeopardised by the behaviours of parties involved, then the studio cannot be held responsible. The Client also understands that special requests are not binding instructions, although every effort is made to comply with the Client’s wishes, co-operation from all parties is a must. In the event of uncooperative children at a session, Elena Mason Photography may not be able to capture any of the images the Client may have requested or expected. The Client is responsible for all children at all sessions.
- Cancellation: In the event that Elena Mason Photography has to cancel this contract for reasons beyond their control (death, injury, sickness) a reshoot will be offered, Alternatively the liability shall be limited to a full refund of all monies paid. The Client may cancel this contract at any time by giving written notice to Elena Mason Photography, but in doing so shall forfeit any monies paid.
- Reshoot Policy: In the event that the weather conditions are not desirable for location shoots based on Elena Mason Photography’s recommendations, the session will need to be rescheduled and no additional fee necessary. In the event that a reshoot has been scheduled due to the Client’s non co-operation in the previous session, the Client is held responsible for paying an additional shoot fee, unless stated otherwise. We understand that children can be unpredictable and fall ill at any time. In the event of sickness prior to the session, the Client agrees to make every possible effort to inform Elena Mason Photography no later than 12 hours prior to the start time of the photography session. Failure to do so may result in a re-booking fee £20. The session can be transferred to a new date which will be at the convenience of both parties within a maximum 2 month period. Elena Mason Photography reserves the right to re-schedule outside of this time limit due to any existing commitments. If the Client fails to reschedule within the 2 month time period, Elena Mason Photography has the right to cancel the booking with all payments made non-refundable.
- Artistic Input: Elena Mason Photography shall be entitled to use their judgement regarding the style and artistic input in the production of the images. All images are fully edited before being presented to the Client. Additional edits are carried out at the discretion of Elena Mason Photography. Elena Mason Photography also reserves the right to charge the Client for additional specific editing to cover time involved.
- Client Usage Rights/Copyrights: The photographs produced by Elena Mason Photography are protected by Copyright Law. No photographs may be copied or reproduced by any means photographic or otherwise by any person or machine other than by the photographer or his appointed agent, unless the digital images are purchased by the Client. Digital images purchased by the client are provided with license for the Client to reproduce images digitally or in print, for personal use only, and may be reproduced for the purpose of sharing with friends and family. Commercial use of these photos is prohibited. 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 studio prior to the release. An additional contract will be needed at that time. 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 tagged or mentioned along with the image. The Client may not alter, add to or manipulate a picture by means of computer or any other technique or reproduce a picture in whole or in part as an element within another picture without Elena Mason Photography’s written permission. In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to Elena Mason Photography an unauthorised use fee of £100 per image, or double the standard reproduction fee for the use concerned, whichever is the greater.
- Elena Mason Photography Usage Rights: The Client grants Elena Mason Photography unrestricted usage rights to use and publish photographs in any manner or medium. The Client grants Elena Mason Photography 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. In the event that Client wishes the images to be kept private and not displayed anywhere publicly, on the internet or otherwise, please inform Elena Mason Photography before/during your photo shoot.
- Limit of Liability: In the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond studio control, studio 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 prorated amount of the exposures lost based on the percentage of total number of originals.
- Proofs/ Images: No set minimum number of proofs will be guaranteed from any shoot. Proofs provided in the online proofing gallery are the final images. Images that do not meet the standards of Elena Mason Photography are deleted in the first part of the editing process and are non-recoverable. Whilst every effort is made to ensure images presented are edited to the highest standards, Elena Mason Photography makes no commitment to the extent by which images will be 'fixed'. For the avoidance of doubt you can be assured that the photographer will endeavor to correct any non-permanent blemishes and make changes to the image that improve the finished result. On viewing your images, the Client is responsible for pointing out any additional editing that you may feel is necessary BEFORE placing your order. As photographic prints are bespoke products we are unable to accept responsibility for issues with images that are noticed after the products have been ordered unless it can be proven that they were not visible at the time of ordering.
- Receipt of Pictures: The pictures are presumed to have been received in good condition unless the Client notifies Elena Mason Photography in writing of any discrepancy or error within 14 days of receipt. Because the supply of the photographs have been made to the Client’s personal specification, the Client does not have the right to a cooling off period. By placing an order with Elena Mason Photography you are committing to buy the ordered products.
- Printing of Images: The photographer takes no responsibility for poor quality prints or other products, including poor colour, cropping or any issues that alter the image quality due to using a third party printing lab against advice. To maintain the quality, it is advised that high street and supermarket labs are avoided.
- Completion Schedule: Due to the nature of our sessions, completion and product delivery time may vary depending on the time of year. Elena Mason Photography aims to have all sessions edited within 4-4 weeks, and your online proofing gallery password will be emailed on completion. Wall art products, albums, prints take 14-21 Working Days for completion upon ordering. Payment must be in full before order is placed. Delivery for other products may vary and will be advised at time of ordering.
- Archive: Images are kept for a two year period at the discretion of Elena Mason Photography. If an order is not placed one month after the session date, images will be deleted unless arrangements has been made. When coming for your session it is assumed you have read the Terms and Conditions and are happy and understand, If for any reason you have anything you wish to discuss then please email, firstname.lastname@example.org
- Data Protection: Your personal information will only be used to contact you regarding your enquiry or booking. We may also occasionally send you update emails. Please let us know if you’d rather not receive these communications. No information will be passed to third parties for marketing purposes.
Elena Mason Photography