BUSINESS TERMS & CONDITIONS

DEFINITIONS

“COMPANY” means Sarah Fisher Photography, the Company – Sarah Fisher t/a Sarah Fisher Photography of The Studio, Turners Hill Road, Crawley Down, East Grinstead, West Sussex RH10 4HG.

“CAMERA” means any equipment capable of capturing digital or film images and sound recordings whether that be a still photographic image(s) or moving video image(s) with or without sound.

“IMAGE(S)” means any image(s), picture(s), recording(s) taken by the Camera of any subject, person, property, or item whether as electronic digital files or cellulose film stocks.

“SERVICES” means any photographic or video or website service (such as but not limited to; domain name registration, domain hosting, and website content management, SEO submission) provided by the Company, at any location and at anytime.

“SESSION” means any Services that are booked by the Client whether they have been performed or not.

“PRODUCTS” means any item for resale by the Company such as, but not limited to, Prints, Albums, Frames, Wraps CDs, USBs, DVDs, Digital Files, Makeup, Hair Styling, Domain Name Registration, Domain Hosting, Domain Installation.

“TALENT” means any person, actor, model, artist, voiceover artist.

“CLIENT” means the individual person(s) or company or business buying the Services or Products

  1. Session fees must be paid in full in advance of the session.  Fees for images / prints / all media purchased must be paid in full before either physical or digital orders are delivered.
  2. Images are made available to clients under the Company’s standard Intellectual Property License (the “IP License”), please ensure that you make us aware of any inadequacy with this IP License for your purposes BEFORE the session is completed and at the time of booking. The standard IP License is linked on our website.
  3. Wedding deposits are not refundable if the booking is cancelled more than 14 days after it has been made with us.  Portrait deposits or session fees are not refundable once paid, nor are they transferable to another person.
  4. If you need to postpone your Session, please contact us as soon as possible. We will do our best to accommodate a change request to the Session date or time, but any changes are subject to our availability. The best way to contact us is via email or on 07453 716216.  Where more than 48 hours notice is given, any deposit or session fee already paid may be transferred to a new booking providing that it is made within one month of the originally scheduled date.  Deposits are non-refundable or transferable when less than 48 hours notice is given as it is unlikely I will be able to resell that session.
  5. If you do not attend a session without giving us notice of cancellation or postponement, deposits and session fees will not be refunded.  This applies to sessions you have booked for yourselves or any gift vouchers that you were redeeming.  If you would like to rebook a session that you have missed without notice, there will be an administration charge of £30 before any further booking will be accepted.  At all times we encourage you to talk to us if you have any problems, we will always listen and try to accommodate you.
  6. Photography is a personal service which requires a degree of trust between client and photographer.  We reserve the right to refuse bookings where we believe that this relationship would be unworkable due to previous interactions.  We want you to have the best photos that you can have and if we feel that this will not be possible with us, either because of a breakdown in the relationship or our inability to meet certain requirements that you might have, then we will let you know so that you can find someone to better suit your needs.
  7. Any price/fee quoted for any Product or Service is valid for 30 days only, after which the price/fee may change.
  8. Product sizes quoted are approximate. We will provide a pleasing colour balance but cannot guarantee exact colour matching. Owing to anomalous reflectance caused by a combination of certain dyes and materials, especially man-made fibres it is sometimes impossible to record on film/digital media the exact colour of materials as seen by the human eye. Due to differing light temperatures between indoor light (yellowish/orange) and outdoor natural light (blueish), images may show differing hues. We will attempt to minimise this imbalance between the two environments, when possible, but cannot guarantee a complete tonal balance. Images in low light conditions such as sessions shot in the winter months, indoors or where lighting is restricted in some way ‘may’ affect the potential image overall appearance and quality.
  9. Images obtained/taken at a private location, property or land are subject to the terms and conditions of the landlord or officials of the premises and the use of artificial light such as flash or LED/continuous lighting for photography or videography in general may not be permitted or in some way restricted or the position from which the images are taken may be restricted. It is acknowledged that such restrictions and permissions are outside of the Company’s control.
  10. During your Session we will automatically re-take any photograph where we can see someone has blinked or looked away but it is impossible to guarantee to see them all. The more people in the photograph the more difficult it is to see. We can’t ensure that people will always smile/respond if we ask them!
  11. Images for proofing will be made available on-line on our website or that of our agents for a period of time for viewing, we do not provide hard-copy proofs. You will be given a link and password to us in order to access your images.
  12. We will ask you to give us consent to use your images as part of our marketing and portfolio.  The permissions that you give at your first visit to the studio will remain in place for all subsequent visits to the studio and it is your responsibility to notify us if you wish to change this permission at any point.
  13. We will endeavour to take all the Images we have agreed. However, it may not be possible to do so due to circumstances beyond our control, for example if timings have altered or the weather changes, or the subjects become reluctant to have their Image taken or due to technical failure of our equipment. When it comes to photographs of newborns and young children, there is no guarantee of cooperation despite our best efforts.  Also, it is sometimes the case that subjects ‘resist’ having their Image recorded/taken by maybe turning away. Our staff will use their best endeavours to obtain their cooperation, but will not push ‘reluctant subjects’ into having their Image taken. At all times we will do our very best to follow your wishes, however coverage will be as our staff’s professional expertise determines and no one Image will be deemed more important than another. Special requests are not binding instruction although naturally every effort will be made to comply with all your requirements. We may not submit to you all the Images we obtain at the Session, the final selection of Images submitted will be entirely at our creative discretion.
  14. It is Client’s responsibility to inform us if there are any subjects who you, or another person, does not wish to have Images recorded/taken, in particular Images of children or if there are any children attending that require their identity/image to be withheld due to any court instruction/order or legal matter. If this then becomes evident after the Session, please let us know immediately.
  15. The limit of liability of the Company or its agents (including but not limited to photographers, videographers, cinematographers, drone pilots, processing laboratories, suppliers, web hosts, postal and delivery agents) to compensate the Client in the case of any negligence or breach of this Agreement is limited to the cost to the Client of the Service booked, and only to the maximum balance already cleared and paid over to the Company.
  16. We do not entertain a ‘reserved date’ policy, and will only confirm a Session upon the receipt of the appropriate payments, deposits or booking fees in cleared funds and the receipt of the Session booking form and/or Services Agreement.
  17. In exceptional circumstances such as ill-health or incapacity and without notice it may be necessary for the original photographer to be substituted by another equally competent photographer, or in extreme cases, for the Session or Service to be cancelled or postponed. You will be kept informed as much is humanly possible.
  18. Due to the possibility of high and low temperatures and volatile weather conditions that may be experienced at on location sessions, it is a requirement for health and safety reasons that our staff take the appropriate measures and breaks to ensure that they are protected from such conditions such as hot midday sun, rain, cold and strong winds. They may be unavailable for short periods while they take any appropriate natural breaks, refreshment, sustenance, protecting electrical equipment from the rain, or to warm up in winter. They also may disappear from time to time to deal with equipment issues, change batteries and memory cards.
  19. Recording of video and sound may be subject to location permissions and copyright issues. It is the Clients responsibility to obtain any necessary permissions and approvals for us to perform the Services. The Client must ensure that all necessary arrangements have been made with, and permissions obtained from, people and property owners that may be recorded on video or in sound and that such recording is in compliance with any Data Protection legislation.
  20. The Client will be responsible for obtaining any Talent releases, property releases or the provision of notices to those attending that they may be recorded on Cameras and that by their attendance they give their consent to being recorded. Unless you advise us otherwise, we will assume all persons attending the Session or properties/location visited have consented to being recorded.
  21. Clients accept that where we physically perform the Services and record from and our ability to freely move around a property or venue or location is subject to the permissions of the property owner and as such they may restrict our line of sight or ability to record sound. While all efforts will be made to negotiate our needs with the property owner on your behalf, the Company cannot be held accountable if the final results are diminished, affected or redirected from our agreed Client plan or brief or understanding. We cannot be held responsible for any lighting, sound or interference issues caused by circumstances outside our control, such as, weather, hot or cold temperature extremes, adverse or poor lighting, flickering lights, noise issues or disturbances, and other restrictions imposed or allowed to be by property owners.
  22. Client Images are retained by the Company for 18 months. On-line proofs will be removed after 30 days. We recommend that any USBs purchases are backed up immediately upon receipt several times as they can have a short shelf life. Backups and copying for storage is fully included in the creative license that accompanies the CD.
  23. The 1988 Copyright Act assigns the copyright to the Company’s image creator (photographer, Videographer, Web Designer). It is contrary to the Act and strictly illegal to copy or to allow to be copied, any Image(s). This includes downloading from our website or those of our agents. All Images remain the intellectual property of the image creator.
  24. Force Majeure or Act of God: The due performance of this Agreement is subject to alteration or cancellation by the Company owing to any cause beyond our control. All efforts will be made to comply with alternate arrangements made. In the event of any dispute regarding this Agreement or any of its Terms or any contract between the Company and the Client, both parties agree to consult the British Institute of Professional Photographers to try to obtain conciliation before taking any other action.
  25. The Company reserves the right to cancel and/or reject a Client’s Session booking for whatever reason and at any time with the limit of Client compensation or remedy to that of the fees already paid by the Client. We will always provide your with suitable and appropriate, where humanly possible, notice should such a situation arise.
  26. The Company grants no rights and makes no warranties with regard to the use of names, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in any Image(s), and the Client must satisfy itself that all the necessary rights or consents regarding any of the above, as may be required before reproduction, have been obtained.
  27. THE COMPANY STUDIOS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY SHALL NOT BE LIABLE TO THE CLIENT OR ANY OTHER PERSON, COMPANY OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF THE CLIENT’S USE OF THE IMAGES OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES.
  1. Payment for Products print orders, albums, frames or other products is requested at the time of placing the order. Title or any inference of ownership of the photographic prints or albums, frames or other physical products does not pass to the purchaser until full cleared payment is received. Any and all prices quoted are valid for 30 days, after which the prices may vary. Prints are sold unmounted, mounts can be purchased in addition.
  2. Photographic digital images are defined (unless amended in your purchased digital package/option) as 10″ on long edge at 72 pixels per inch (ppi) in jpeg format in RGB colour space for Low Resolutions (PC/Mac screens) and 10″ on long edge at 300 pixels per inch (ppi) in jpeg format in RGB colour space for High Resolution (printing). Images printed or reproduced in bigger or different formats/sizes/shapes are not permitted and will reproduce poorly – cropping into and blowing up images is the same as changing the size and shape. Our digital image files/products are designed for digital use on such devices as mobile phone, tablets, PCs and TVs as well as printing (HD files only) at the provided size when printed at recognised pro and commercial print laboratories. We are happy to provide you with a recommended online printer, please get in touch. We may offer size upgrades from time to time at an additional fee, however, it is our policy to not make digital files for clients bigger than 12″ on the longest side at any time.
  3. From time to time we may offer discounts, or introduce promotions and incentive schemes for our Clients and potential clients. Such promotions, discounts and incentives, are subject to change and cancellation at any time and without notice. They are often run for a specific time periods or group of clients or prospects, connecting with us on social media is important to be made aware of any promotions, discounts or incentive schemes. Such promotions and incentives may have further terms attached.
  4. Promotions, discounts and incentives are not applicable to historic/past purchases, not transferable for cash, if in doubt, please contact us.
  1. We limit our studio sessions to a maximum group size of 5 people due to the physical size of our studio. If you have more in your group then you must contact us to discuss before your Session so that appropriate arrangements can be made to arrange the studio and accommodate you if at all possible.
  2. Our studio is a short distance away from the driveway where you will park and up several small steps.  For this reason, it isn’t wheelchair accessible although if you have mobility related requirements, please contact us and we will make every endeavour to make your visit possible.
  3. It is your responsibility to control your attendees behaviour while at the studio. We do all that we can to ensure a safe environment for our Clients and staff. A working studio houses a lot of expensive equipment and whilst every precaution has been taken to make it as safe as possible, children must be supervised at all times.
  4. Cold food and drink are permitted at the studio during newborn photo shoots because of the length of the sessions.  Outside of these sessions, you are welcome to bring along drinks to keep yourself hydrated at your session and of course appropriate drinks and snacks for small children.  Clearly if it’s a cake smash, cake is allowed!
  5. There is no smoking permitted at any time while at our premises.
  6. Mobile phones and other cameras/recording devices are not permitted to be used for taking photographs or making videos on our premises at any time. Such use will result in the termination of your Session booking without refund.  Of course you are welcome to use your phones / tablets outside of these purposes while you are at the studio.
  7. Not that it has ever happened to date, but to be clear, we do not tolerate disrespect to our staff or offensive or aggressive tone or bad behaviour. Such Clients will be asked to leave and their membership, registration and Session terminated without refund. Seems a strange thing to have to say, but our industry isn’t immune to such people so we want to be clear about our zero tolerance. If there are people or children in your party that have behavioural problems, please inform us before coming so we are aware.