TERMS & CONDITIONS 2024 FOR PHOTOSHOOT
By booking and taking part in a Kristida Photography Photoshoot session you
agree to the following photoshoot Terms and Conditions:
In the following terms and conditions “the Photographer” is Kristida Photography. “The Client(s)” are those persons recorded on the booking form, regardless of who is financially responsible for the agreement. The “Photoshoot date and time” is the booked day on which the Photo Session will take place.
It is mutually agreed that the following terms of agreement form an integral part of this contract. Any variation or modification of this contract will not be effective unless accepted by both Kristida Photography and the Client(s) in writing.
Payment of any session fee (deposit or Full payment) by the Client(s) is taken as a sign of agreement and acceptance of all terms and conditions as set out by Kristida Photography, detailed below.
The 1988 Copyright Act assigns the copyright of the photographs to the Photographer. Kristida Photography retains copyright for all images taken on any photoshoot. Images are sold on a personal use license; this includes those digitally. The Client(s) retains a personal copyright license to make gifts and prints at home for personal use, however, it is not permitted to sell them, edit them, or enter them into any competitions as your own. Permission may be granted to enter them into such competitions where they do not need to be 'your own work', written permission must be obtained from Kristida Photography first.
3. Use and supply of Images
Kristida Photography reserves the right to use any images from the photo session in all forms of media, for the purpose of self-promotion. This includes but is not limited to Facebook, blogging, Instagram, newsletters, www.kristida.com, publicity, publishing, photographic contests or gallery shows. The Client(s) hereby allow(s) Kristida Photography to use images covered by this contract.
If the client fails to make payment by the correct date and the photo session has taken place then Kristida Photography reserves the right to keep all images and use them for purposes set out above, regardless of any prior agreement made.
All digital files remain the property of Kristida Photography. The best images from the shoot, selected by the Photographer, will be sent to the Client(s) for viewing in JPEG format. The Client(s) will not receive every photograph from the photo session, and the Client(s) will not receive RAW files.
The number of images varies for each session. Due to a variety of lighting conditions and the limitations of digital sensors, some colors may alter throughout a set of photographs.
Kristida Photography will supply the maximum number of images as possible. The final images (including editing, effects, crops, and overall look of the images) are left to the discretion of the Photographer. The Photographer will endeavour to process any edits requested by the Client(s), however there will be an additional charge.
The Photographer reserves the right to use discretion for the best result and to decline edit requests which substantially change the look of an image.
Minor edits such as scratch and mark removal on people will be made at no additional cost and included in the final processing of images, so long as the client requests such edits when ordering and not after the images have been supplied/ downloaded.
If further edits are requested once the final images have been supplied, additional charges will be applied to complete them.
All non-minor edit requests will be subject to an additional charge, which will be confirmed prior to edits being made.
Once an image has been downloaded from a client’s online gallery it cannot be changed for another image nor can an edit be requested.
For all images that are included in the Client’s Photoshoot package, they will be available for download from an online gallery. Once an image has been downloaded from the Client’s gallery it cannot be changed and the number of remaining images (included in the package) to download will decrease. Should the Client download the wrong image then an email should be sent to Kristida Photography immediately and the additional charge to download the desired, correct image will be confirmed.
5. The Photoshoot
Due to the nature of the Photo Shoots, Kristida Photography cannot guarantee any outcomes or guarantee the fulfilment of any specific requests for the Photo Shoot. However, Kristida Photography will conduct the Photo Shoot using professional skill and care.
In any event, Kristida Photography will endeavour to accommodate any reasonable requests from the client regarding the artistic direction of the Photo Shoot, but the Photographer retains absolute discretion as to the nature of the Photographs.
The Photographer shall make every effort to photograph all individuals and products (including food dishes) as requested by the Client(s), but no responsibility will be taken by the Photographer when leaving somebody/ something out.
Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the Photographer will not be responsible for photographs that are not produced due to technical failure.
A parent or guardian must be always present when photographing children. When photographing in a venue, the Client(s) is responsible for gaining permission and submitting agreed permission to Kristida Photography, with a signature from the relevant guardian. Images will not be shared unless this permission is received.
The Client(s) must not take any photographs during the Photo Shoot without first obtaining permission from the Photographer.
Photoshoots/ sessions are limited to the advised time when booking. If the session runs over, additional charges will be applied, and images will not be released to the client until these charges have been paid. The session must start at the agreed time, time will not be made back up due to a late arrival by the client.
Due to the use of natural light, images may have a variance in colouration throughout a set of photographs. However, the photographer will use professional care to ensure that the best results possible are achieved.
6. Prices and discounts
All prices are correct at time of booking and valid for 9months (unless otherwise specified). Goods not specified at point of booking are supplied at the prices standing at the time of the photoshoot.
Full payment of the deposit, as well as full acceptance of these terms and conditions, must be made within 24hours of booking to confirm your session, unless otherwise agreed. If payment is not received at the agreed time, then your booking will be cancelled.
All payments are non-refundable. You have 7 days to amend your session date, providing your session is more than 7 days away from the date of the deposit received. Bookings can only be amended once and requests must be made in writing, as per the terms in section 8.
The balance for the Photoshoot must be made 24 hours prior to the session date, unless otherwise agreed. If it is not received, then the session will be cancelled, and any deposits will not be refunded.
If prior agreement has been given for the balance to be paid on the date of the session and it is not received, then the images captured will not be sent to the Client(s) and Kristida Photography will retain the rights to use the images for the purposes set out in section 3 and any prior agreement not to use the images will be null and void.
8. Cancellations and Changes
Once a Booking deposit has been received for a Photo Session it cannot be refunded.
For all Photo Sessions, the client has 7 days to request a change to their booking from the date of paying their deposit, providing their Session is more than 7 days away. Any requests must be sent in writing to email or Instagram message only, no other means of communication will be accepted. The Photographer will confirm if it is possible to amend the booking.
For all Photo sessions, amending a session time and date can only be made once, unless otherwise agreed. Sessions can only be amended on a like for like basis, they cannot be transferred to a different type of session unless the client is transferring to a session of greater monetary value.
If a request is received after 7 days, then the session will not be changed.
If the Client(s) is unwell the photographer will confirm if it is possible to rearrange the session. If less than 24hours notice is given then the Client(s) will be charged the full session fee.
Due to the nature of Photo sessions, they cannot be rearranged due to illness and no-refunds will be made.
Should the Client(s) need to cancel a session completely then notification of the cancellation must be sent in writing via email or Instagram message as soon as possible.
In the event of cancellation by the Photographer, or in the very unlikely event of total photographic failure, liability shall be limited to a full refund of any fees paid only if another mutually agreed date cannot be arranged.
Images will be sent to the Client(s) within 4 weeks (this may take longer during peak periods such as Christmas). If the date looks to exceed this, Kristida Photography will communicate a new date in writing to the Client(s).
Any edit requests must be made at time of ordering. Minor edits including scratches and mark removal only, will be applied at no extra cost if requested before final images are supplied. Any other edits will be subject to agreement by the photographer and an additional charge, which will be confirmed prior to the edits being made.
10. Outdoor shoots
If inclement weather or other adverse conditions prevent the photoshoot from taking place, another date will be arranged in agreement with the Client(s).
The Photographer cannot be held responsible for the lack of coverage caused by people not being ready on time.
The Photographer cannot guarantee any outcomes or guarantee the fulfilment of any specific requests for the Photo Shoot.
Due to the nature of outdoor shoots, natural lighting may impact the images and the Photographer cannot be held accountable. However, everything possible will be done to ensure the Client(s) get the maximum number of images as possible.
The Photographer cannot be held responsible for any personal accidents during a photographic shoot.
Waiver of liability: The Client(s) expressly releases the photographer from all claims, damages, and liabilities that may result from accidents or incidents that occur during the photo session. This waiver of liability includes waiver of any claim that may be a result of negligence. By making a deposit or full payment you are agreeing to this Waiver of liability along with the Photoshoot Terms & Conditions.
Kristida Photography may use the images to promote and advertise the business including, but not limited to, magazines, social media channels, competitions, exhibitions, newsletters, flyers, and our website.
Kristida Photography will store The Client(s) names, addresses and session details on a private internal database. These details will not be made available to companies or individuals outside Kristida Photography.
13. Cooperation and conduct
The Client(s) and The Photographer consent to respectfully work with each other to achieve the best results within the understanding of this contract. If the Client is unable to control the conduct of their family members, customers or employees resulting in an unacceptable degree of misconduct, or if any equipment, decorations or fixtures and fittings are damaged, it will result in the early or immediate ending of the session. The Client understands that in such an event, no refunds will be granted and the client will be charged for any damage caused.
Should you have a complaint following the delivery of your images, please email within 7 days of receiving your final images.
The Photographer and the Client(s) have read these Terms and Conditions, the above Waiver of Liability (section 12) and agree to abide by them. Receipt of any payment (deposit or otherwise) made by the client (or Client’s family member) to Sophie Day will confirm acceptance and agreement to all the above Terms and Conditions.