‘HCP’ means Helen Carpenter Photography and is defined to mean the entity Helen Carpenter Photography, the website www.helencarpenterphotography.com, and the individual Helen Carpenter.
The ‘Client’ means anyone who visits the website or books a photography session.
The laws of England and Wales govern this agreement.
Any changes to this agreement must be agreed in writing.
Booking and Payments
By booking a session, you agree to these terms and conditions.
The booking fee is non-refundable.
The booking fee is due at this time of booking to reserve the date.
There is a 14 day cooling off period after booking, but this ends immediately at the start of a session taking place sooner than 14 days, due to the bespoke nature of the service provided.
All prices are subject to change without notice by HCP.
No consideration will be given to previous Clients regarding product pricing, availability, package structure, or session fees.
Offers and discounts, such as gift vouchers, competitions, giveaways and special offers are only applicable to new bookings, and may not be applied in conjunction with any other offers or discounts.
Cancellations and Amendments
If HCP is unable to fulfil its obligations, HCP reserves the right to appoint a substitute photographer of a similar standard without notice.
HCP will not be liable for failure to fulfil its obligation due to circumstances beyond its control (including but not limited to adverse weather, illness, injury, equipment malfunction).
If the Client is more than 30 minutes late, HCP will deem the session cancelled, no refund will be given and a new booking fee will be due to rebook.
Neither party is liable for indirect or consequential losses. Liability is limited to the value of the contract.
Newborn Sessions
If the Client does not read the Preparation Guide provided, and therefore does not follow the recommendations prior to their session, HCP will not be responsible for any resulting reductions in quality or quantity of images supplied.
Cake Smash Sessions
Where HCP provides the cake, it is the Client’s responsibility to inform HCP of any food intolerances, allergies or any other relevant medical condition, prior to the order being placed.
HCP will not be liable for any illness resulting from the session.
Model Release
Unless otherwise agreed in advance in writing with HCP, HCP retains the right in all cases to use images from the Client’s session in any manner at any time throughout the world for the purposes of display, portfolio, editorial, sales, advertising or promotion, of its work, both online and offline.
If the Client would prefer this to be on an anonymous basis, this needs to be agreed in advance in writing with HCP.
HCP may offer free or discounted sessions from time to time to obtain or use specific images. If the Client subsequently requests that HCP does not use one or any images in this instance, the Client will be required to pay the full price of the session and any collections received, at the rates noted on HCP website.
During the Session
HCP retains control of all stylistic and artistic matters throughout, including but not limited to locations, poses, backgrounds, group arrangements or number of images taken.
Requests are non-binding, although every effort will be made to meet the Client’s wishes.
Due to factors such as weather and willingness of the subjects, it may not be possible to capture all images requested or to the Client’s full expectations.
HCP is not responsible for the behaviour of children or other participants, or negative impact of that behaviour on images captured. HCP will not be responsible for Client disappointment as long as images are technically acceptable. The Client remains responsible for children at all times.
Use of cameras, camera phones, camcorders or any other recording equipment is NOT permitted during any session, either in the studio or on location, without the express permission of HCP.
Photographic coverage will be as HCP’s professional expertise determines.
Editing and Final Images
HCP retains control of which images are included in the Client’s gallery. No further images are available.
HCP will try to deliver more proof images than discussed with the Client, but cannot guarantee any number of images.
HCP fully edits all selected images before presenting to the Client, in accordance with HCP style.
Images presented are final and complete.
Additional edits may be carried out at the discretion of HCP at a rate of £25 per image.
Additional edits must be requested by the Client before products are ordered.
Online galleries are available to view for 24 hours only, at a time agreed by the Client.
Galleries can be reactivated for a further 24 hours at a cost of £25 administration fee, and any further reactivations will incur a charge equal to the lowest package available on HCP website at that time.
If the Client does not view or purchase images within 3 months of the session without arrangement, HCP will assume the images are no longer wanted and may delete all files at its discretion.
All other images are kept for a minimum of 6 months but may be removed thereafter at the discretion of HCP.
Products and Print
By placing an order with HCP, the Client commits to buy the ordered products.
HCP produces all images on a fully calibrated monitor.
HCP is not responsible for variances in how images appear on non-calibrated screens. The Client can view the images as intended at HCP studio at the Viewing Session.
HCP uses fully calibrated professional photography labs for all printing. HCP is not responsible for variances in how images appear when printed elsewhere. HCP highly recommends printing through HCP to enjoy images in the print quality they have been produced for, as high street printing is not usually calibrated or a comparable quality.
Quality and Returns
Products received at the studio are checked at the time of handover for condition and are final.
Products sent direct to the Client will be assumed to be free of any error or discrepancy unless the Client notifies HCP in writing within 14 days.
Incorrectly supplied items and items of poor quality can be returned and will be replaced at no extra charge to the Client.
Faulty items should be posted to HCP. The Client must contact HCP for the return address and is responsible for any costs associated with return postage.
Incorrectly ordered items or items ordered in error may not be returned.
No return, exchange or refund is available on any item once the image proof has been approved, and an order placed.
HCP is not responsible for the deterioration of images and products due to improper care and handling. Images should be stored in an album and kept in a dark cool area away from heat and direct sunlight. Mounted images should be kept behind glass (where appropriate) but always away from heat and direct sunlight.
Gift Vouchers
Gift vouchers purchased from HCP are valid up to and including the date of expiry noted on the voucher.
Gift vouchers may not be redeemed against the Booking Fee.
Gift vouchers hold no residual value and may not be exchanged for cash.
Gift vouchers are non-transferable.
No refunds will be given.
Gift vouchers are not valid for Mini Sessions except where purchased specifically for a Mini Session.
Packages
Where a free or discounted session is offered as part of a package, the full price of the package must be paid up front.
If the full package is not pursued, the cost of any earlier sessions will then be charged at the list price, as opposed to the discounted or free price, and any refund calculated accordingly.
Copyright
HCP retains copyright at all times throughout the world. The Client relinquishes all claims of ownership, income, editorial control and use of the resulting images, and assigns all copyright ownership to HCP. No payment will be due.
For clarity, all images remain the property of HCP, including the negative and digital files. RAW files are not available to the Client.
The Client is responsible for ensuring that all necessary rights, releases or consents have been obtained for reproduction of any names or trademarks depicted in the images.
No image can be copied, scanned or reproduced in any form whatsoever without the prior written consent of HCP.
The Client may not alter, add to, manipulate or reproduce an image without the prior written consent of HCP.
HCP will grant permission to reproduce an image where the invoice relating to the image has been paid in full, for print and/or digital files.
It is illegal to download or attempt to remove a watermark from any image posted online by HCP.
For infringement of any of the above, a copyright infringement fee of £1,000 per image is applied.
The Client will full indemnify HCP for any unauthorised reproduction or manipulation by a third party of an image provided by HCP, where the Client has breached these Terms and Conditions.
Complaints
Complaints should be raised in the first instance with HCP directly within 28 days of first becoming aware of the matter of complaint, and in any event within 28 days of receipt of images.
Privacy Policy
All Client information is protected on secure systems and password protected at all times.
HCP will never share Client information with third parties without consent.
HCP will retain Client information to ensure you have a smooth and enjoyable experience with HCP, including but not limited to communicating before and after the session, and keeping you updated on orders.
HCP may retain that information thereafter to keep you advised of any future experiences you may be interested in.
IF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE UNDER THE LAW, THE VALIDITY OF THIS AGREEMENT AS A WHOLE SHALL NOT BE AFFECTED, AND THE OTHER PROVISIONS OF THE AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.
