THE SANTA EXPERIENCE Terms & Conditions

Booking & Payment

Upon booking, the Photographer will reserve the time and date agreed upon and will not make other reservations for that time and date.

The non-refundable session fee of £35 is to be paid at the time of booking plus terms & conditions agreed to secure your Portrait Photography Session.

Digital Images will be available to purchase separately after your shoot starting from £40. Full packages including all images are available from £140

Cancellation/ Postponement

If the Client cancelled the appointment and an alternative date/time is not available, the deposit of £35 will be forfeited

Completion Schedule

Full payment for digital images or prints is made at the time of ordering.

Digital processing can take approximately two (2) weeks but aim to deliver within one week.

Following completion of digital processing, images will be available to the Client for download from the digital transfer link for a period of two (2) weeks only. Following this time, a charge of £15 must be paid to the Photographer to upload them again.

The Client shall ensure that it takes appropriate steps to keep safe an exact digital copy of all Material supplied. The Photographer will not be responsible for archiving any Material unless by prior written agreement with the Client

Digital Negatives, Prints and Copyright

All photographic materials including photographs, digital negatives or prints produced by the Photographer, are protected by International Copyright Law (all rights reserved) and the Photographer retains the copyright to all photos and images produced. It is understood that any duplication or alteration of original images including the use of filters is strictly prohibited

The Client will receive a copy of the digital photographs and any prints if paid for as part of your online order. The Client may reproduce any images in any manner they like for sharing and enjoyment of friends and relatives. However, the Client must not reproduce any images for publishing or selling for profit. The Client shall not provide authorisation to a third party to make reproductions of works resulting from this contract without the express permission of the Photographer.

Conduct of the Shoot

The shoot will be arranged on date(s) mutually agreed between the Parties

The Photographer is not responsible for adults/children refusing to take part or cooperate

Where small children are involved, parents have full responsibility to act as spotters during the shoot to ensure children are positioned safely and securely and must stay close by to fulfil this role.

If the Client is late, the shoot will NOT extend past the originally agreed end time and clients will not be compensated for the time deducted due to their late arrival. If clients miss their appointment and there is no other appointments available, they will forfeit their session fee.

No cameras or recording equipment other than the Photographers are permitted during the shoot.

The Photographer reserved the right to terminate coverage and leave the location of the shoot if they experience inappropriate, threatening, hostile or offensive behaviour from person(s) at the shoot or in the event that the safety of the Photographer is in question.

Artistic Rights

The Photographer retains the right of discretion in selecting the photographic materials released to the Client.

The final post production and editing styles, effects and overall look of the images are left to the discretion of the Photographer. Additional processing may be requested for £10 per file.

Unless expressly agreed in writing between the Parties the Client shall not be entitled to reject the Material on the basis of style or composition.

Limit of Liability

In the unlikely event that the Photographer is injured, becomes too ill, or has an emergency that prevents them from attending the Portrait Session, the Photographer will make arrangements to re-schedule the portrait session.

If a suitable day for reschedule is not agreed upon, the Client agrees that responsibility and liability of the Photographer to the Client is limited to the return of all payments received for the Portrait Package.

In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the Photographer’s control, including but not limited to camera, hard drive, or equipment malfunction, the Photographer’s liability is limited to the return of all payments received for the Portrait Package.

The Photographer is not responsible for compromised coverage due to causes beyond their control including but not limited to obtrusive guests, lateness of the Client or guests, weather conditions, schedule complications, incorrect addresses provided to the Photographer, rendering of decorations, or restrictions of the locations. The Photographer is not held liable for missed coverage of any part of the shoot. The Photographer will not be held accountable for failure to deliver images of any individuals or any objects at the shoot.

Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalities, punative damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns that occur in connection with this Agreement. This indemnification will survive the termination of this Agreement.

Severability

In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

The only way to add or change this agreement is to do so in writing, signed by all parties.

Waiver

The waiver by either Party or a breach, delay or omission of any of the provision of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.