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Terms & Conditions

In the following terms & conditions “the Photographer” shall mean Sarah Walton trading as Sarah Walton Photography. “The Client(s)” shall be those persons using the photographic services of the Photographer; to include the lead contact, their child(ren) and any other persons attending appointments related to services provided by the Photographer. This agreement contains the entire understanding between the Photographer and the Client(s). It supersedes all prior and simultaneous agreements between the parties. These terms and conditions cannot be varied in any way by the Client(s) unless such conditions are expressly agreed by the Photographer in writing.

1. Session Fees:

(i) Session fees are non-refundable and are due in full at the time of booking to secure the date & time of the session. No session is confirmed without said fee being received and this contract being signed. Session fees are non-transferrable to another type of session unless our cancellation/rescheduling policy is followed. Session fees for standard sessions are non-transferable to Mini Sessions.

(ii) Package Fees: Where the Client(s) has chosen to pre-purchase a package or pay towards a package before their session, the standard session fee amount constitutes the non-refundable portion.

(iii). Session fees for Standard Sessions; Signature Newborn Photography Session £80, Maternity Session £80, Studio Family/Children’s Session £80, Little Smiler Session £60, Little Sitter Session £60, Cake Smash & Splash Session £60, Glow Session £150. This session fee does not include digital images, prints or products; packages and/or products are selected and purchased at your viewing & ordering appointment and are payable separately at the time of ordering.

(iv) Package fee; Mini Newborn Session – £299. A deposit of £99 is due upon booking, with the remainder of the package (£200), due 7 days prior to the booked session.

(v) Where bookings are made through our booking site SimplyBook.me, the Client(s) agrees to abide by the terms of SimplyBook.me upon booking their session. SimplyBook.me terms and conditions can be found here; https://simplybook.me/en/terms-and-conditions#tab-for-clients

 

2. Viewing & Ordering your images:

(i) Standard Sessions (does not apply to mini sessions other than Outdoor mini sessions); The Client(s) face to face viewing and ordering appointment will be booked with them at the end of their session and will take place in our studio in Steeton, West Yorkshire, approximately 2 to 3 weeks after the date of the session. This is when you will see your photographs, choose your favourite images and place your order. All orders are due at the viewing & ordering appointment and are payable immediately upon ordering.

(ii) Mini Newborn Session; The Photographer will select and edit the best 5 images from your session and will send these to you within 3 weeks of your session via a digital download link in an email.

 

3. Image Selection: The final collection of images presented to the Client(s) will not contain all images shot on the day, as the Photographer will carefully make their selection to remove blinks, missed expressions, duplicates, incorrect exposure and any other images considered not appropriate to the coverage. The Photographer’s decision regarding inclusion of images in the edited collection or package is final.

4. Orders:

(i) Standard Sessions (does not apply to mini sessions other than Outdoor mini sessions): There are no products, prints or digital images included in the session fee; packages and/or products are selected and purchased at your viewing & ordering appointment and are payable separately at the time of ordering.

(ii) All orders are to be placed at the viewing & ordering appointment and payment for an order is due immediately. Payment is accepted by cash, card or bank transfer. We also offer a simple payment plan option, please enquire for details. If the Client(s) does not attend their viewing and ordering appointment or does not place an order at their first viewing and ordering appointment, then the Client(s) understands that a £50 rescheduling fee shall become payable in order to schedule a further viewing and ordering appointment, to cover the time involved. This fee is payable upon reschedule and shall be deducted from the Client’s order, providing they attend the rescheduled appointment and place an order at that appointment. Appointments can only be rescheduled once before a rescheduling fee is lost. Please note that no items may be swapped or substituted in our packages, but upgrades to packages may be available.

(ii) Mini Sessions;

a. Outdoor Mini Sessions: All orders are placed at your viewing & ordering appointment and payment for an order is due immediately. Payment is accepted by card or bank transfer. Your package includes 3 fully edited digital images to download and 3 matching (the same as your chosen digital images) 9 x 6 inch prints. If the Client(s) does not attend their viewing and ordering appointment or does not place an order at their first viewing and ordering appointment, then the Client(s) understands that a £50 fee shall become payable in order to reschedule a further viewing and ordering appointment, to cover the time involved.  Please note that no items may be swapped or substituted in our packages, but upgrades to packages may be available.

b.  Mini Newborn Sessions: The Photographer will select and edit the best 5 images from your session and will send these to you within 3 weeks of your session via a digital download link in an email. You will not be asked to attend a viewing and ordering appointment for these sessions. Please note that no items may be swapped or substituted in our packages, but upgrades to packages may be available. The Photographer’s decision regarding image selection is final.

(iii) Once digital images and/or products are ordered, all sales are final and cannot be cancelled or altered due to their bespoke nature. The same applies to digital image only orders. The Photographer cannot begin design work or processing orders until full payment has been received. No part of any order, including digital images, will be delivered until the order balance has been paid in full.

(iv) Fulfilment of orders: The Photographer will endeavour to to fulfil digital image/print/USB orders within 28 days of receiving full payment for an order or within 28 days of the Client(s) selecting their images for print (if this date occurs later than payment). The Photographer will endeavour to fulfil product orders within 4 to 6 weeks of receiving full payment for an order. Where an order contains an album, then this 28 day period shall begin once the Client(s) has approved their album proof. All orders are to be collected from our studio, unless delivery is agreed upon by prior arrangement with the Photographer. The Photographer will do their best to complete all orders within this time frame, but cannot be held responsible for delayed completion of orders due to delays with third parties, including delays with printing/assembly of products by professional printing labs and/or delays with receiving orders in the post/via couriers and/or receiving faulty or damaged goods from labs or couriers which results in the need for replacement products to be ordered. The Photographer also cannot be held responsible for delays in delivery due to adverse weather conditions. All orders will initially be received by the Photographer to allow them to check the completeness and quality of the Client(s) order, at which point the Photographer will contact the Client(s) to agree on a suitable collection date/time. The Photographer will keep the Client(s) informed if there are to be any delays regarding the completion or collection date of their order. Orders are held at our studio up to a maximum of 2 months. If the Client(s) has not agreed to a collection date/time of their order with the Photographer within 2 months. then the Photographer has the right to dispose of any uncollected orders, due to limited storage space.

(v) Printed Images and or products: The Client(s) is aware that colour dyes in photographic printing may fade or discolour over time due to the inherent qualities of dyes, and the Client(s) releases the Photographer from any liability for any claims whatsoever based upon fading or discolouration due to such inherent qualities. The Client(s) is responsible for protecting and caring for their printed and/or digital products. The Photographer is not responsible for any damaged prints and/or products, caused by the Client(s) or otherwise, after successful delivery of acceptable quality prints and/or products to the Client(s). Client(s) are required sign a collection form on receipt of their order, which states that their order has been received in full and that they are happy with the quality and condition of their received goods. If the Client(s) later find fault with their goods, the Client(s) must notify the Photographer by email of any damage or faults to delivered goods within 14 days of collection/delivery/receipt.

(vi) Digital Images: Digital images purchased will be delivered either via web-based digital download, or custom USB drive, depending on the package purchased. Digital images delivered via a download link will be sent to the email address given at the time of booking. The Client(s) is responsible for checking receipt of this email, including in junk and/or spam folders. Download links are active for a period of 7 days’, after which time they will automatically expire. Digital images will be delivered in both high resolution and web size. Please use the provided web size images when sharing your images online and acknowledge Sarah Walton Photography as the creator of the work. If the Client(s) loses or damages their digital images, the Photographer will not be liable for such loss or damage and will not replace lost or damaged files without a charge being made. It is highly recommended, by the Photographer, that the Client(s) immediately back-up any digital files on an external drive or via online cloud storage. Digital images purchased by the Client(s) remain the property of the Photographer and may not be altered in any way, shape or form, including but not limited to; editing the overall style of image, colour/contrast/exposure changes, cropping portions of the images (including cropping out watermarks), adding filters, adding objects/persons/graphics and deleting objects/persons/graphics. Doing so without prior written permission from the Photographer contravenes The Copyright, Designs and Patents Act 1988, under which these digital and printed images are protected. Digital images purchased by the Client(s) may not be resold. Violators of this Law will be subject to its civil and criminal penalties.

 

5. Viewing & Printing Images:

(i) Please note that all images produced by the Photographer have been done so with the use of colour calibrated monitors. Monitors used by the Photographer have been calibrated to meet professional printing standards, thus colour changes may occur when images are viewed on non-calibrated monitors. Also note that images viewed in non-professional editing programs may appear less sharp than if the same images are viewed using a professional program. Printed images will be correct in colour, sharpness and other variables that may be affected by non-calibrated monitors and non-professional programs, that is, if the printed images have been produced by a professional imaging lab. In order for printed images to meet the quality of the original digital files, they must be printed on high-quality photographic paper or on other professional photographic mediums, and done so by a professional lab. It is highly recommended that the Client(s) orders printed images directly from The Photographer or else a reputable, professional lab to ensure that the quality of their digital images is met. The Photographer is not liable for the quality of images printed by the Client(s) or by a third party imaging lab, both professional and non-professional. If the Client(s) wishes to have their digital images printed elsewhere, on a large scale, they may ask the Photographer for a free ‘file resize’ service, which will ensure that the file provided for printing is of suitable quality.

 

6. Additional editing of images: 

(i) Images selected by the Photographer that shall form the final gallery presented to the Client(s) shall be edited/retouched to our usual standards. Requests for editing/retouching that is over and above our usual standards shall be chargeable as follows;

(a) If the Client(s) has a request for a small change to an image, please let the Photographer know when an order is placed. The Photographer can address minor changes at no cost (fix minor blemishes, tighter crop, etc.),

(b) More detailed retouching/editing requests are billed at £25 per image to cover additional editing time and the possible need to outsource in depth editing. 

(ii) The Photographer will let the Client(s) know if there will be extra charges before work is commenced and payment of additional charges is due before the work is undertaken.

7. Unedited Images: 

(i) Unedited or RAW image files will under no circumstances be available to purchase by the Client(s).

8. Creative License: 

(i) The Photographer shall be granted creative and artistic license in relation to the choice of location and poses used. The Photographer’s judgement on photographic style and the number of photographs taken, shall be deemed correct. Due to the changes of the weather and the willingness of subjects, the Photographer will do their best to honour requested photographs but does not undertake to guarantee any specific picture nor incorporate any specific picture nor incorporate any specific background, location or group arrangement. The Photographer may edit images determined by her to be substandard. Such discretion is to be made by the Photographer alone and in the Photographer’s absolute discretion.

 

9. Intellectual property rights: 

(i) The Photographer 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, the Client(s), except as expressly set out in these Terms and Conditions.

(ii) If you, the Client(s) purchase Products, you will own the 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 Photograph or Product is an infringement of our rights and is strictly prohibited.  

(iii) If you purchase a Package comprising digital images, you are entitled to create Artwork and/ or Products using the digital images 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.  

(iv) 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, edit, manipulate or otherwise alter any Artwork or 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 including those that are displayed on our website or in your Proof Gallery. The Client(s) agrees not to try to circumvent any such measures.

(v) It is ILLEGAL to copy or reproduce digital images and/or printed photographs without the Photographers permission, in the form of a Print Release or license. The Client(s) must not copy images whether they have purchased them or not. Copying, scanning, screenshotting or printing images from the Photographer’s website, Facebook page, Pixieset gallery or from other online sources or printed materials (including copying/scanning purchased prints or products) contravenes The Copyright, Designs and Patents Act 1988 and is considered stealing, regardless of the intent of use.

(vi) The Client(s) will be provided with a print release alongside their purchased digital images, outlining that they may print copies or have copies of their digital images printed by a third party and may use their digital images on their personal social media accounts. Under no circumstances can the Client(s) use these images for profit, commercial endeavours, in competitions, or for professional display, unless the relevant license has been purchased or you have been provided with a Business use licence.

(vii) The Photographer retains Copyright on all images and reserves the right to use these images and/or reproductions for promotion, advertising, display, publication (printed or online), social media promotion, websites or any other purpose such as competition entry where explicitly agreed by the Client(s). The Client(s) will be asked to give their consent for use at their session. By signing this contract, the Client(s) warrants that they have the authority to agree to the use of the likeness of all persons included in the session in this manner. If the Client(s) wishes to withdraw their consent for use of their images for any of the above purposes, they must email hello@sarahwaltonphotography.co.uk to notify us that they would like to withdraw their consent.

10. Liability: The Photographer maintains professional indemnity insurance and whilst the Photographer makes every effort to ensure that the Client(s) session is a safe and enjoyable experience and that the Client(s) receive their photographs and products to a reasonable standard, occasionally things can go wrong. This section outlines our liability to you in those circumstances. 

(i) Our aggregate liability to you due to, under and/or arising out of or in connection with these Terms and Conditions in contract, tort (including negligence), breach of statutory duty or otherwise, will not exceed the Total Deposit Fee, Package Fee or Order Amount actually paid by you to us in relation to the Session and your order. We will not be liable to you for:

  • your loss of profit, loss of anticipated savings, loss of revenue or earnings, or loss of business (in each case, whether direct or indirect); or
  • any indirect or consequential loss.

(ii) Nothing in these Terms and Conditions will in any way exclude or limit our liability to you for:

  • death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation; and/or
  • any other matter for which it would be illegal to exclude or attempt to exclude our liability.

(iii) Except as set forth in this section Liability, to the fullest extent permitted by law, we disclaim all warranties, implied or express. 

(iv) Personal Accident: Any directions issued to the Client(s), their child(ren) and any other persons attending appointments related to services provided by the Photographer during a photographic session are deemed to be at said persons own risk. By signing this agreement the Client(s) agrees to release the Photographer from any claims against their person or their business, including, but not limited to; the Photographer, other studio employees and contractors, such as assistants and make up artists if those are present. This clause does not limit our liability to you for death or personal injury that are caused by our negligence.

 

11. Sickness Policy:

(i) Client(s): Please do not attend an appointment if you or anyone in your party is unwell. If you or anyone in your party is unwell or becomes unwell shortly before the scheduled appointment, the Client(s) should inform the Photographer as soon as possible. If a request for cancellation/reschedule is within 48 hours of the appointment start date/time, then Client(s) must notify the Photographer by phone call or text message. All appointments must be rescheduled within 14 days (subject to availability), otherwise the Client(s) session fee shall be lost and a new session fee (or rescheduling fee for viewing & ordering appointments) will be charged to book a new appointment date & time. Appointments can only be rescheduled once before a session fee/rescheduling fee is lost. Client(s) should be aware that should they request to reschedule their appointment, that rescheduling is subject to availability. Session fees/rescheduling fees are non-refundable and Client(s) should be aware of our cancellation/rescheduling policy (section 13). Where an illness is viral, contagious or involves sickness and/or diarrhoea, please observe the 48 hour free from symptoms rule. The Photographer regularly has contact with newborn babies and small children and will not go ahead with an appointment when they are aware that a participant is unwell, in order to protect other Client’s and/or the Photographer from also becoming unwell.

(ii) The Photographer: If the Photographer is unwell or becomes unwell shortly before the scheduled appointment, they will inform the Client(s) as soon as possible and will offer to reschedule the appointment within 14 days wherever possible, subject to availability. Should it not be possible to offer a reschedule date within 14 days, then the Photographer will offer to transfer the Client’s session fee to an alternative session date within a 6 month period. Should the Client(s) not wish to transfer their session fee to another date within a 6 month period, then the Photographer shall refund any session fee or package fee paid by the Client(s), but will have no further liability in respect of the contract. For viewing & ordering appointments, if the Photographer is unwell, they will offer to reschedule the appointment on the next available date.

(iii) Covid-19: What to do if you or anyone in your party become unwell with symptoms of Covid-19 in the 7 days prior to your appointment:

  • Should you or anyone in your party become unwell with symptoms of Covid-19 in the 7 days prior to a scheduled appointment, we would appreciate if an appropriate test is carried out to confirm a negative result, before attending an appointment.
  • Should you or anyone in your party test positive for Covid-19 in the 7 days prior to a scheduled appointment, please contact us to reschedule your appointment.
  • Please do not attend an appointment if you or anyone in your party is unwell (see section above for more information). You should contact the Photographer at your earliest opportunity to discuss rescheduling your appointment.
  • If anyone attending an appointment appears to have symptoms of Covid-19 (including but not limited to: fever, a new continuous cough and/or loss of or change to usual sense of smell/taste), the Client(s) may be not be permitted entry/access to services and the Photographer reserves the right to cancel the appointment without notice or refund.

12. Photographer cancellation and limit of liability: 

(i) The Photographer shall not be deemed to be in breach of this Agreement, or otherwise liable to the Client(s) by reason of any delay in performance or non-performance of any of its obligations hereunder to the extent that such delay or non-performance is due to a Force Majeure Event.

(ii) In the unlikely event that the Photographer is unable to perform due to fire or other casualty, strike, act of God, Force Majeure, or due to the Photographer’s illness or emergency or any other cause beyond the Photographer’s control, then the Photographer shall contact the Client(s) as soon as is reasonably practicable and offer to transfer the Client’s session fee to another date within a 6 month period from the date of their original session and a new date will be agreed with the Client(s). The Photographer shall endeavour to offer the Client(s) a new date within 14 days of their original session date wherever possible, subject to availability. Should it not be possible to offer another session date within a 6 month period, then the Photographer shall refund any session fee or package fee paid by the Client(s), but shall have no further liability with respect to the contract. For viewing & ordering appointments, the Photographer will offer to reschedule the appointment on the next available date. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, stolen, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the Photographer’s part. In the event that the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s session fee, package fee or order (whichever is applicable).

(iii) The Client(s) hereby release, covenant not to sue, discharge, and hold harmless the Photographer and its employees, contractors or sub-contractors from the claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto.

 

13. Client Cancellation/Rescheduling: 

(i) Session fees are non-refundable and are taken to secure the Client(s) session date & time in our diary.

(ii) Cancellation; The Client(s) is entitled to a 14 day ‘cooling off’ period from the date of paying their session fee in which to request a cancellation and refund of said session fee (unless the fee has been paid in person, as distance selling regulations do not apply to in-person sales). If the Client(s) chooses to cancel after the 14 day ‘cooling off’ period, then the Client(s) agrees that their session fee will not be refunded to them, as the Photographer has already allocated and booked out the date and time for the Client’s session in good faith. This period of 14 days’ does not apply to sessions that are booked with less than 14 days’ notice and no refunds for cancellations shall be given. 

(iii) Rescheduling a Session; Should the Client(s) wish to reschedule their session, the Client(s) should contact the Photographer with as much notice as possible. If a request for cancellation/reschedule is within 48 hours of the session date/time, then Client(s) must notify the Photographer by phone call or text message. Sessions may only be rescheduled once within 14 days of the original session date (subject to availability), before a session fee is lost and a new session fee shall become immediately payable in order to reschedule any further session appointments. Client(s) should be aware that should they request to reschedule their appointment, that rescheduling is subject to availability.  Session fees for standard sessions cannot be transferred to a Mini Session.

(iv) Rescheduling a viewing & ordering appointment; If the Client(s) does not attend their viewing and ordering appointment or does not place an order at their first viewing and ordering appointment, then the Client(s) understands that a £50 rescheduling fee shall become immediately payable in order to schedule a further viewing and ordering appointment, to cover the additional time involved. This fee is payable upon reschedule and shall be deducted from the Client’s order, providing that the Client(s) attend the rescheduled appointment and place an order at that appointment. Appointments can only be rescheduled once before a rescheduling fee is lost and a new rescheduling fee shall become immediately payable in order to reschedule any further viewing & ordering appointments. Client(s) should be aware that should they request to reschedule their appointment, that rescheduling is subject to availability.

(v) As per section 4(iii) above, once orders are placed, all sales are final and cannot be cancelled or altered due to their bespoke nature. The Photographer cannot begin design work or processing orders until full payment has been received.

 

14. Rescheduling/Change of location for outdoor sessions: 

(i) If, in the opinion of the Photographer, inclement weather or other adverse conditions may prevent an outdoor portrait session meeting the artistic standards of the Photographer, then the Photographer may elect to use an alternative location or to reschedule the session. Should the Photographer recommend rescheduling an outdoor session due to adverse weather conditions, the Photographer will offer the Client(s) an alternative date for their outdoor session to take place within 14 days, subject to availability. If the Client(s) chooses to cancel or reschedule an outdoor session at short notice (within 48 hours of the planned session date/time) for reasons relating to weather conditions, when the Photographer recommends that the session is able to go ahead, it shall be deemed that the Client(s) has chosen to forfeit their session fee and a new session fee shall become payable in order to reschedule their session. Please see our cancellation policy (section 13) for further information. 

15. Arrival, Late Arrival and No Show: 

(i): Late Arrival: Please arrive on time to your session or viewing & ordering appointment. The Client(s) should try not to arrive more than 5 minutes early to their appointment, as the Photographer may still be with another Client. If the Client(s) is more than 30 minutes late to their session, without prior communication (phone call or text message) advising the Photographer of the Client’s late arrival or does not attend their session, then the Photographer is under no obligation to offer the Client(s) an alternative session date & time and the booking shall be cancelled without notice or refund of any fees paid. If the Client(s) arrives less than 30 minutes late to a session and it is agreed by the Photographer that the session is able to proceed on the planned date, then the Client(s) should be aware that their session time will be shorter (by the length of time that they are late) and will still finish at the planned time and cannot be extended, due to the Photographer needing to run on time to accommodate other booked sessions or viewing & ordering appointments. The decision on whether a session or viewing & ordering appointment can still go ahead on the planned date, where a Client(s) is late to their appointment is at the sole discretion of the Photographer. If it is not possible for the Photographer to carry out the session or viewing and ordering appointment on the planned date due to the Client’s late arrival, then a new session fee (for sessions) or rescheduling fee (for viewing & ordering appointments) shall be charged in order to reschedule an appointment (as described in section 13 above). Please send an SMS message the Photographer on 07956114916 if you are running late (even a few minutes).

(ii) Rescheduling/Cancellation; please see section 13 above.

16. Sessions where hair styling and/or make-up appointments have been arranged by the Photographer at the Client(s) request:

(i) Upon the Client(s) making a request for the Photographer to arrange hair styling and/or make-up appointments, is it assumed that the Client(s) automatically confirms their consent for the Photographer to share their details (name, phone number and email address) with the service providers, in order for their appointments to be arranged.

(ii) Limit of Liability; Any hair styling and/or make-up appointments that the Client(s) has requested the Photographer to arrange on their behalf is done so on the understanding that these services are carried out as a separate entity to Sarah Walton Photography and therefore the Photographer cannot be held responsible or liable for the carrying out of these services, any complaints in relation to these services or charges made in relation to these services.

(iii) Cancellation/Rescheduling of hair styling and/or make-up appointments; In addition to the Photographers ‘Cancellation/Rescheduling’ policy (Section 13), should the Client(s) wish to cancel or reschedule their hair styling and/or make-up appointments within 48 hours of the first planned appointment, the Client(s) should contact the service providers directly. Reasonable charges may be made by the service providers to cover lost/missed appointments or rescheduling of appointments, this is not within the control of the Photographer.

(iv) In addition to the Photographers ‘Arrival, Late Arrival and No Show’ policy (Section 15), should the Client(s) arrive late to or do not attend their planned hair styling and/or make-up appointments, the service providers may contact the Client(s) to request payment for missed appointments, this is not within the control of the Photographer.

(v) For information on service providers cancellation, rescheduling or no show policies, the Client(s) should contact the service providers directly.

 

17. Behaviour and Cooperation:

(i) Please be aware that parent(s)/Guardians are responsible for their child or children’s behaviour, health & safety at all times during appointments. If any person’s behaviour (including adults) falls below reasonably expected levels or causes a potential risk to safety, then the Photographer reserves the right to cancel a session immediately without notice or refund of any fees paid. Whilst the Photographer will do their best to achieve the best gallery of images possible, the Photographer cannot be held responsible for the non-cooperation of session participants and cannot guarantee the outcome of a session where participants either refuse to take part, do not take reasonable direction or in the case of children, are upset due to tiredness/teething etc. Our preparation guides, which Client’s are directed to read before their session recommends that babies and young children should arrive to the session not long after a nap and already fed, to limit these circumstances as much as possible. The Photographer cannot be held responsible if this advice has not been followed. Rescheduling of a session due to lack of cooperation is at the Photographer’s discretion. If the Photographer feels that a full gallery of images has been achieved then no rescheduling shall be offered.

 

18. Siblings attending Newborn & Maternity Sessions: 

(i) It is recommended that siblings are brought to the session by a parent, relative or friend for the last portion of the session (the Photographer will advise on timings depending on the session you have booked). This allows us to focus on creating the best images of your baby for the first part of the session before capturing sibling/family images at the end. Newborn Sessions are long and children easily get bored when they are not being photographed and we do not have the facilities to ensure children are occupied and safe whilst the Photographer is busy photographing a baby. The Photographer also recommends that children do not attending viewing appointments, with the exception of babies.

 

19. How to prepare for sessions: 

(i) The Client’s will be send a prep guide prior to their session to help them prepare. It is important that this is read in order for sessions to run as smoothly as possible and for the best experience and outcome of your session. Please ensure that all children arrive to the session fresh from a nap (if applicable) and well fed. Children should arrive in clean clothes (or with a change of clean clothes if you intend to change them on arrival). Please ensure that any chipped nail varnish and/or temporary tattoos have been removed prior to the session (also applies to adults). Please bring your usual change bag supplies for sessions including babies and a hair brush, bobbles and baby wipes for older children, so these may be used if required. Please also bring snacks for your child/children, as these can be very useful to help the session run smoothly.

 

20. Other cameras/smart phones: 

(i) Because it can be distracting (especially to small children) and prevents the Photographer from being able to do their job effectively, it is not permitted for Client’s to use cameras and audio-visual equipment during their session, nor should the Client(s) take any photographs on a mobile/smart phone during their session, unless they have asked the Photographer if they may do so first. The Client’s engage the services of the Photographer to create their photographs and it is for this reason that photographs should not be taken by Clients.

(ii) Where the Photographer deems it appropriate, the Photographer may ask the Client(s) if they agree to allow the Photographer to film some video clips on the Photographer’s smart phone during their session, for use on the Photographer’s social media platforms. Any such video clips created are created for the Photographer’s digital marketing purposes only and shall not be provided to the Client(s) as part of the Photographer’s services or the Client(s) order. Client’s may choose to share/download copies of said video clips from the Photographer’s social media channels, for which the Photographer is not liable.

 

21. Party size: 

(i) A maximum of 2 adults may accompany children during a photographic session in our studio due to limited space, unless they are participating in the session itself by prior arrangement. Please do not bring extended family members or friends to the session, unless they are participating in the session or are supporting the participants, as they will not be permitted to stay within the studio during the session.

 

22. Charges: 

(i) The charges in this Contract are based on Sarah Walton Photography’s Standard Price List. The Photographer reserves the right to adjust this Price List periodically and future orders shall be charged at the prices in effect at the time when the order is placed.

 

23. Complaints: 

(i) General complaints: If the Client(s) should have a complaint, please direct this, by email, within 14 days to; hello@sarahwaltonphotography.co.uk. Complaints will be responded to within 7 working days.

(ii) Complaints in relation to delivered Photographs and Products; The Client(s) shall be required to sign upon collection/delivery of their goods to state that they are happy with the quality and condition of their goods upon receipt. If the Client(s) later find fault with their goods (including digital images), the Client(s) must notify the Photographer by email of any damage or faults to delivered goods within 14 days of collection/delivery/receipt. 

 

24. Retention of digital images:

(i) All purchased images from the Client’s session will be kept securely on an active file for a period of three months after the viewing and ordering session, allowing the Client(s) to order further copies in future. After such time, all edited images shall be archived and stored securely as long as practicable. This data is usually stored indefinitely for legitimate business need, including promotional and marketing usage where agreed. As per section 4(vi) above; If the Client(s) loses or damages their digital images, the Photographer will not be liable for such loss or damage and will not replace lost or damaged files without a charge being made. If the Client(s) requests to purchase further copies of their images following their initial viewing and ordering session, the Photographer cannot be held liable if these files have been lost, corrupted or deleted over time. It is highly recommended, by the Photographer, that Client(s) immediately back-up any digital files on an external drive or via online cloud storage. There may be a fee to retrieve the Client’s images from archive after the initial three month time period. Any future orders placed from the session are considered an extension of this contract and the same Terms & Conditions shall apply to all further orders.

 

25. Data Protection and Privacy Policy: 

(i) In accordance with the General Data Protection Regulation, the Photographer shall take all reasonable precautions to preserve the integrity and prevent any corruption or loss, damage or destruction of data and information collected from the Client(s).

(ii) All personal data acquired by the Photographer from the Client(s) shall only be used for the purposes of this Agreement and shall not be further processed or disclosed without the consent of said Client(s). We will use the Photographs and any personal information that you provide to us in connection with the session only for the purposes of:

  1. creating and delivering the Package and Products;
  2. performing the services contemplated by these Terms and Conditions;
  3. exercising any rights granted to us pursuant to any specific consents given to us (in your sole discretion); and such other purposes as notified to you at the time we obtain personal data from you (together the “Specified Purposes”).

(iii) If you have provided your consent, the Specified Purposes will include use of the Photographs to promote and advertise our business, including:

  1. in our printed publications, presentations, promotional materials (including leaflets, brochures, stickers, bookmarks, posters, factsheets, calendars);
  2. on our website and other digital advertising of our services;
  3. in social media forums such as Instagram, Pinterest and Facebook;
  4. for submitting to Photography competitions, and;
  5. as sample/display products in our studio.

(iv) You agree to us:

  1. storing copies of the Photographs for the Specified Purposes;
  2. providing the Photographs to our selected third party partners in order to process your order and provide any agreed specialist services;
  3. storing your contact details on our database in case we need to contact you;
  4. publishing the Photographs in accordance with the Specified Purposes.

For further information, please see our Privacy Policy, which can be found at; https://www.sarahwaltonphotography.co.uk/privacy-policy.

 

26. Miscellaneous:

(i) Entire agreement: These Terms and Conditions contains the entire agreement between the Client(s) and the Photographer with respect to their subject matter. Any modifications of this Contract must be in writing and agreed by both parties.

(ii) The Photographer reserves the right to alter these terms & conditions from time to time as seen fit.

(iii) Governing law and jurisdiction: These Terms and Conditions, and any dispute or claim arising out of or in connection with them or the Session (“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.