Terms & conditions

The nitty gritty

1. Definitions – It is mutually agreed that the following terms and conditions form an integral part of this contract/invoice and that no variation or modification of this contract shall be effective unless accepted by the Photographer in writing.
2. Agreement and acceptance of terms – All agreements and transaction between the Photographer and any clients are subject to these terms and conditions. All clients who complete an order for images from the Photographer agree from that point forward to be bound by these terms and conditions.
3. Display & copyright –
   1. The Photographer grants clients a non-exclusive licence for marketing and personal preproduction rights.
      1. For press releases, the Client must request a photo credit for the Photographer.
      2. The Client must enquire about editorial or advertising usage, as there may be an additional licence fee from the Photographer and / or the location used.
      3. When sharing the photographs on social media, the Client must credit and tag the Photographer with @louiserosephotography
      4. The Client must not provide the photographs for third-party use (e.g. other suppliers such as make up artists) without the Photographer’s written agreement.
   2. The 1988 Copyright Act (a photographer automatically has copyright of a photograph, as the creator of the artwork) assigns the copyright to the Photographer.
   3. The Photographer retains copyrights on all images and reserves the right to use and publish in their portfolio, advertising material (including print, web, blog, social media channels and promotions on third party websites), publication, competitions and any other purpose and in any manner and medium unless written refusal is provided by the client.
4. Payment & rescheduling –
   1. Session –
      1. Payment may be made by credit card (via Stripe) or by electronic bank transfer.
      2. The full fee is outlined on the product checkout page, for the product selected by the Client.
      3. The full fee is payable in advance, at which point the date of the Session will be confirmed. This fee is non-refundable, but the Client can reschedule their session once, at no extra cost provided that the Client gives 48 hours notice. If the Client needs to reschedule within 48 hours of their shoot, a £75 admin fee will apply. In the case of illness, the notice requirement will be waived. If the Client reschedules more than once, the Client will be charged a new Session Fee (£250) for each new date reserved.
      4. Additional costs –
         1. The fee includes travel within one hour from Balham. Further distance will incur a travel fee of £50 per hour.
         2. For international travel, the Client will pay for flights, transport to and from the airport, an overnight hotel stay, plus a sustenance charge of £50 per day.
         3. If high level retouching is requested beyond the scope of editing included in the fee (see 8.) then the Client will be referred to a photo editing company who charge $10 per image.
      5. Late payments – the Photographer reserves the right to cancel in the event of non-payment.
      6. Rescheduling – the Photographer offers one re-schedule free of charge (apart from newborn portrait sessions, if the Client’s baby is born early or late, in which case greater flexibility is provided). Additional re-schedules would require a new Session Fee to be paid. The Session Fee is transferrable but non-refundable.
      7. If the Client does not attend their shoot, their fee is forfeited.
      8. If the Client is late, this will cut into the session time.
      9. The Photographer maintains the right to reschedule if needed due to illness or emergency.
      10. Outdoor shoots – the Photographer maintains the right to reschedule if needed due to bad weather. If the Photographer determines that the weather is so bad that an outdoor session can’t take place, then the Client’s shoot will be rescheduled at no extra cost. Due to the vagaries of the weather and location, it may not be possible to capture all the images requested.
      11. Cancelation:
          1. The Client is entitled to a 14 days cooling-off period, in which the Client can cancel and receive a full refund. Any work done for the Client within this 14 days period must be paid for, however, where the Client has provided explicit consents for the Photographer to undertake that work within this timeframe.
          2. After the 14 days cooling-off period, the Client may cancel their Session and will be refunded the sum paid for services, minus the £250 Session Fee.
          3. The Client is entitled to repayment for canceled Sessions up to 48 hours before the scheduled event date. Cancelations made within 48 hours of the scheduled event date will not be refunded.
   2. Physical products (such as prints, albums and frames) – Full payment for products must be received (via card or electronic bank transfer) before any orders will be placed into production.
5. Prices – All services and/or goods are supplied at the current prices ruling at the time of supply and are subject to change without prior notice.
6. Reprint orders – All re-orders shall be treated as an extension of this contract.
7. Lead times are an estimate of the time it will take for your order to be ready:
   1. Digitals are available for immediate download.
   2. Fine art prints are dispatched within 10 days.
   3. Frames are dispatched within 3 weeks.
   4. Queensberry albums are dispatched one month after the layout is approved.
8. Editing and retouching – the Photographer will provide light editing to all purchased images. If high level retouching is required, the Photographer will suggest some third party retouchers to the Client. All photographs on the Photographer’s website have undergone light editing, and none have undergone high level retouching.
   1. What’s included in light editing: colour adjustments, exposure corrections, softening of the skin, reduction of under eye shadows and lines, removal of temporary blemishes, dust flecks and flyaway hairs.
   2. What’s not included in light editing: body contouring, slimming of body parts, smoothing wrinkled clothing, creating new elements e.g. new hairstyle, new background or new clothes.
9. Digitals – the Client will only be entitled to receive the edited jpegs. The Client is not entitled to view or receive the RAW (and unedited) files.
10. Prints – All photograph sizes are nominal. The Photographer will provide a pleasing colour balance but cannot guarantee exact colour matching. Please note your screen is unlikely to have been professionally calibrated, and is not calibrated to the Photographer’s printer, so the colours you see on screen may not exactly match the colours in your print. All photographs supplied by the Photographer are produced to the highest standards using the best quality materials and latest processing techniques. However, all photographs will, in time, fade. This is particularly true if they are left in bright sunlight and are not behind glass. The Photographer cannot accept any responsibility for this gradual image deterioration. All pictures purchased are presumed to have been received in good condition unless the Client notifies the Photographer of any discrepancy or error within 2 days of receipt.
11. Model release –
    1. The Client grants the Photographer irrevocable consent to use the photographs from their Session for any purpose whatsoever and in any location.
    2. For team shots, where individual consent is not practical, the Client warrants that they have obtained the necessary consent from all attendees for their photographs to be taken and shared. The Client is responsible for notifying the Photographer of any individuals who do not want their photograph to be taken or shared, in advance of the Session.
12. Law – These Terms and Conditions shall be governed and construed in accordance with the Laws of England.
13. Liability – The Photographer shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or for any loss to our customers arising from delay in transit. Where work is defective for any reason, including negligence, the Photographer’s liability (if any) shall be limited to rectifying such defect. Where financial payment is required to rectify liability, this will be capped at the price paid for services, with no allowance made for loss of profits. The Photographer shall not be held responsible for any misuse of images by third parties.
14. Insurance – the Photographer maintains professional indemnity insurance.
15. Force Majeure – Every effort will be made by the Photographer and the Client to carry out the contract but its due performance is subject to alteration or cancellation by the Photographer or the Client owing to any cause beyond their control (e.g. acts of God, change in legislation, natural disasters such as floods, fire, computer failure, war, pandemics including Covid-19, etc). The Photographer reserves the right to postpone the Session in the event of Force Majeure events, at no cost. In the unlikely event of total photographic failure or cancellation of this contract by the Photographer, liability shall be limited to a full refund of all monies paid. The Client or the Photographer shall inform the other of a Force Majeure event at any time before the Session start time.
16. Health & safety –
    1. The Photographer is not responsible for the Client’s health and safety.
    2. Child safety – Any babies or children present at a portrait session are under their parents’ care and responsibility, and the Photographer is not responsible for the children’s health and safety.
17. Possessions and furnishings – The Photographer is not responsible for damage caused to items in the Client’s home or outdoors, unless damage is caused by the Photographer herself.
18. Safe working environment – The Photographer reserves the right to terminate coverage and leave the location of the portrait session or viewing appointment if the Photographer experiences inappropriate, threatening, hostile or offensive behaviour from person(s) at the event; or in the event that the safety of the Photographer is in question.
19. Artistic licence –
    1. The Photographer retains complete creative control over the photographs in all aspects.
    2. The Photographer will consider reasonable suggestions and feedback from the Client (or others), but the Photographer’s decisions are final.
    3. The Photographer shall be granted artistic licence in relation to the poses photographed, the location used and digital retouching.
    4. The Client shall not be entitled to reject the Material on the basis of style or composition.
20. Consumables and perishables – any chocolates brought to your session are made by a third party, and the Photographer accepts no liability for any allergic reaction or similar from consuming these.
21. Refund policy:
    1. Incorrectly supplied items can be returned and will be replaced at no extra charge to the Client.
    2. Faulty items should be posted to the Photographer at the company’s registered address.
    3. Returns will not be considered for incorrectly ordered items or items ordered in error.
    4. No return, exchange or refund is available on any item once the image proof has been approved, and an order placed.
    5. Cooling off-period: Because the supply of photographs is made to the Client’s personal specification (ie. image number, print size, frame style, etc.), the Client does not have the right to a cooling off period. Once the Client has ordered and paid for a product (such as digital files, prints, frames and albums), the product cannot be canceled or refunded. This does not affect your statutory rights.
22. Data protection:
    1. Both the Client and the Photographer will comply with any applicable data protection laws.
    2. Both the Client and the Photographer will comply with any applicable data protection laws.
    3. Data retention: the Photographer may keep a copy of the photographs taken, but the Client is responsible for backing up and preserving their own copies of the photographs.
23. Cookies policy:
    1. You can see the cookies policy here: https://blokestoke.com/cookie-policy/
24. Client data will be handled in accordance with this privacy policy: https://blokestoke.com/privacy-policy/