Terms & Conditions
Effective from: 25th June 2018
1.1) "We/Us/Our" means Andrea Edwards Photography
1.2) "You/Your" means the client engaging our services.
1.3) "Photograph" means photograph, transparency, negative, design, artwork, painting, engraving, digital image file or any other item which may be offered for the purpose of reproduction.
2. OWNERSHIP, COPYRIGHT AND YOUR LICENSE TO USE
2.1) We retain ownership and copyright of all photographs taken during a session at all times, throughout the world.
2.2) When you purchase a digital photograph from us you will receive a high resolution digital photograph without any watermarks. You are licensed to use this for personal use, and in the case of corporate photography for marketing purposes.
2.3) You are not in any circumstances permitted to sell the photograph to a third party or sub-license the photograph. Any unauthorised reproduction will constitute a breach of copyright and we may take legal action.
3. PRICING AND PAYMENT
3.1) All prices are displayed in pounds sterling (£).
3.2) All bookings require a deposit and your booking will not be considered as confirmed until the deposit is paid. The exact amount of the deposit is specified in the package details on the website.
3.2) All deposits are non-refundable, except under clause 6.3 of these terms and conditions.
3.3) The deposit will be deducted from the total package price. The balance of the package must be paid on the day of the photoshoot, or in the case of wedding/event photography the balance must be paid at least 7 days before the event.
3.4) Extra prints, digital images and other photographic products ordered after the photoshoot and not included in the package price will not be released until full payment has been received.
4. CLIENT CONFIDENTIALITY
We will keep confidential and will not disclose to any third parties or make use of information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.
5. INDEMNITY & LIABILITY
5.1) It is your responsibility to ensure that all necessary rights, model releases, clearances or consents which may be required for reproduction of people, places or items depicted within any photographs are obtained. You agree to indemnify us against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
5.2) Our entire liability for any breach of these Terms & Conditions or any representation, act or omission (including negligence) shall be limited to any fees paid by you for our goods and/or services. We shall not be responsible for any special, indirect or consequential or pure economic loss, costs, damages, charges or expenses.
5.3) Nothing in these Terms & Conditions limits or excludes our liability for death or personal injury resulting from negligence; or any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us.
6. CANCELLATION & POSTPONEMENT
6.1) If you choose to cancel after making a booking then the deposit will not be refunded.
6.2) If you need to postpone a photoshoot due to extraordinary circumstances (e.g. illness) then your deposit will be transferred to your new booking date. If we are unable to agree a mutually convenient date with you and you subsequently need to cancel then your deposit will not be refunded.
6.3) If we need to postpone a photoshoot due to extraordinary circumstances (e.g. illness) then your deposit will be transferred to your new booking date. If we are unable to agree a mutually convenient date with you and you subsequently need to cancel then your deposit will be refunded.
7.1) There is no right to reject on the basis of style or composition.
7.2) If you have any concerns about any of your prints, you must contact us within 14 days of receipt on 07719 807544.
8. ADVERTISING AND PROMOTION
We will not use any of the photographs taken during your photoshoot for marketing purposes unless we have your express permission. By granting permission you allow us to use the photographs for any promotional purposes as we see fit, including but not limited to, our website and on our social media accounts.
9. ELECTRONIC STORAGE
9.1) Save for the purposes of production for the licensed use, the photographs may not be stored or archived in any form without the our written permission.
9.2) Manipulation of the image or use of only a portion of the image may only take place with our written permission.
9.3) Once you have purchased digital photographs from us, they are stored by us on the understanding that we are not responsible for the future integrity of that data, or of any failure to retrieve data from our archive.
9.4) We endeavour to ensure that all digital photographs supplied to you are free from corruption and viruses. However we cannot be held responsible for any damage, disruption and/or loss of any kind that the said media may cause to your computer or data.
9.5) You agree to to take similar steps to ensure that data sent to us is not corrupt and is virus-free.
10. APPLICABLE LAW
This agreement shall be governed by the laws of England and Wales.
These Terms & Conditions shall not be varied except by agreement in writing.