In the following Terms & Conditions “the photographer” shall mean Emily Munday trading as Emily Munday Photography. “The client(s)” shall be the person / those persons who have defined themselves by signing below.
It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
(1) Confirmation
Payment of the booking fee are necessary to confirm the stated services from Emily Munday Photography.
(2a) Session Fee
A non-refundable session fee as well as full acceptance of the terms and conditions as published on the photographer’s website secures the time and services of the Emily Munday Photography. The session fee is required to book and secure the time and services of the photographer for the shoot, and until it is paid the time slot is not confirmed.
At the time the contract takes effect, Emily Munday Photography shall reserve the date and time agreed upon, and not make any other reservations or accept any other clients for said date and time. For this reason, in the event that the client cancels the contract for any reason, all monies paid shall be retained by Emily Munday Photography in order to offset loss of business.
If you are unable to attend a session for reasons beyond your control, we will do our very best to arrange another date for you.
In the unlikely event that the photographer is injured, has an emergency or becomes too ill to make your session, the photographer will make every effort to reschedule your session. If this is not possible, you will receive your payment in full as a refund.
Payment of the session fee acceptable in the form of bank transfer, cash or Paypal. Cheques are acceptable but services and products will not be released until the cheque has cleared.
(2b) Additional Fees
There are additional fees for the following: digitals (with printing rights), prints and products. Refer to the full product pricing list for specific pricing amounts to date.
(3a) Arrangements
The details of the session are to be agreed beforehand in writing (email is acceptable). The Client shall notify Emily Munday Photography of any changes to these details in writing with 2 weeks notice minimum. The Photographer/s cannot be held liable for delays or disruption in their delivery of the service until any changes are received, and acknowledged in writing.
(3b) Corporation
The client(s) and the Photographer consent to happily cooperate and communicate with each other to achieve the best possible result within the understanding of this contract.
Emily Munday Photography is not held responsible for the behaviour of parties involved with the shoot. If the desired outcome of your session is jeopardised by the behaviours of parties involved, then the photographer cannot be held responsible.
The client(s) also understands that special requests are not binding instructions, although every effort is made to comply with the client’s wishes, co-operation from all parties is a must. In the event of un-cooperative children at a session, Emily Munday Photography may not be able to capture any of the images the client(s) may have requested or expected. The client(s) is responsible for all children at all sessions.
(3c) The Shooting Schedule
The shooting schedule, style of working and experience are designed to achieve a great set of photos for the client(s), accomplished with good humour and enjoyed by all concerned. Both the client(s) and the Photographer therefore agrees that punctuality and cheerful cooperation are essential to producing outstanding photographic results.
In cases where the client(s) is late the session will start at the scheduled start time and finish at the scheduled end time. In this eventuality we cannot guarantee to take our normal set of photos.
The client(s) is responsible for checking in advance that we have the props that they may want to be used within the session, or bring their own. Emily Munday Photography will not be held responsible for additional sessions needed due to forgotten items. Additional sessions will be charged at standard rate.
(3d) The Completion Schedule
Due to the nature of our sessions, completion and product delivery time may vary depending on the time of year. We aim to have all sessions edited within 21 working days. Your online proofing gallery password will be emailed on completion. Prints and Products take up to 41 Working Days for completion upon ordering. Payment must be in full before any order is processed by Emily Munday Photography.
Due to the supply of the photographs having been made to the client(s) personal specification, the client(s) does not have the right to a cooling off period. By placing an order with Emily Munday Photography you are committing to buy the ordered products.
(3e) Receipt of Digital Pictures
The digital pictures are presumed to have been received in good condition unless the Client notifies Emily Munday Photography in writing of any discrepancy or error within 7 days of receipt.
(3f) Printing of Images
To maintain quality of the images, it is advised that printing and reproduction are handled by a professional printing lab, through Emily Munday Photography. The photographer takes no responsibility for poor quality prints or other products, including poor colour, cropping or any issues that alter the image quality due to using a third party printing lab against advice. To maintain the quality, it is advised that high street and supermarket labs are avoided.
(3g) Images used online
Images the photographer posts online as a preview or blog must not be downloaded, screenshot, cropped or otherwise tampered with. To do so is breaching your contract and may lead to the photographer taking further action. The images shared online are the final art piece created and are not to be edited or altered in any way by the client or the client’s family: This constitutes image theft and breach of copyright. You are encouraged to share or tag Facebook images, which is in line with your contract, but these images remain the copyrighted property of the photographer.
(4) Cancellation
The Client may cancel this contract at any time by giving written notice to The Photographer/s but in doing so shall forfeit any monies paid.
(5a) Images
All image sizes are nominal. The Photographer/s 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 or digitally the exact colour as seen by the human eye.
All retouched images will be held by Emily Munday Photography for a total of 6 months after the session date. By which time the files will be deleted.
(5b) Licence
The Photographer/s shall be granted artistic licence in relation to the poses photographed and the locations used. The Photographers judgement regarding the locations/poses and number of images taken shall be deemed correct. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested.
(5c) Retouching
All images will be adjusted for exposure, brightness, contrast, sharpness, etc. The Photographer’s judgement regarding these corrections and the number of images put forward to the Client for preview shall be deemed correct. Retouching, digital manipulation and artist finishing is available to the Client as an option at extra cost.
(5d) Proofs
No set minimum number of proofs will be guaranteed from any shoot. We aim to provide 10-25 proofs from each shoot. Proofs provided in the online proofing gallery are the final images. Images that do not meet the standards of Emily Munday Photography are deleted in the first stage of the editing process and are non-recoverable.
Whilst every effort is made to ensure images presented are edited to the highest standards, Emily Munday Photography makes no commitment to the extent by which images will be ‘fixed’. For the avoidance of doubt you can be assured that the photographer will endeavour to correct any non-permanent blemishes and make changes to the photographs that improve the finished result.
On viewing your images, the client(s) is responsible for pointing out any additional editing that you may feel is necessary BEFORE placing your order. As photographic prints and products are bespoke we are unable to accept responsibility for issues with images that are noticed after the products have been ordered.
(6) Prints / Reorders
All prints and reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing.
(7a) Copyright
The copyright Designs and Patents Acts assign the copyright of the images to the photographer. Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988. It is contrary to the Act to copy or allow to be copied photographically/electronically or by any other means an image created as part of this contract without the permission of The Photographer/s in writing.
Digital files purchased remain the property of Emily Munday Photography however they are provided with license for the Client to reproduce images digitally or in print for personal use only. They may be reproduced for the purpose of sharing with friends and family. Commercial use of these photos is prohibited.
In the event that these photos will be published, sold for profit or used within marketing materials, the client(s) must obtain written permission from and compensate Emily Munday Photography prior to the release. An additional contract will be needed at that time.
The client(s) reserves the right to share and post images on social networking sites such as Facebook and Twitter. The Client may not alter, add to or manipulate a picture by means of computer or any other technique or reproduce a picture in whole or in part as an element within another picture without Emily Munday Photography’s written permission. In the event of unauthorised reproduction, the client(s) shall pay by way of liquidated damages to Emily Munday Photography an unauthorised use fee of £150 per image, or double the standard reproduction fee for the use concerned, whichever is the greater.
(7c) Model Release
The clients(s) agree to sign a model release before or on the day of their photo session.
The purpose of a model release is to grant or deny permission for the following:
The client(s) grant the Photographer and its legal representatives, heirs and assigns, the irrevocable and unlimited consent to use the photographs for editorial, competition, advertising and any other purpose and in any manner, to alter the photographs without restriction; and to copyright the images.
The client(s) hereby release the Photographer and its legal representatives, heirs and assigns from all liability and claims in connection with the images.
In the event that the client(s) wishes the images to be kept private and not displayed anywhere publicly, on the internet or otherwise, please inform Emily Munday Photography before/during your photo shoot.
(7b) Display
The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, social media, sample albums etc.
(8) Force Majeure or Act of God
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.
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.
(9) Attendance
In the unlikely event that Emily Munday Photographer needs to reschedule due to unforeseen circumstances we reserve the right to reschedule to another mutually convenient date.
Alternatively the liability shall be limited to a full refund of all monies paid.
(10) Limitation of Liability
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
The Photographer has working methods in place to prevent the loss or damage to your images. However, there is the unlikely possibility that images may be lost, stolen or destroyed for reasons in or beyond our control. In these circumstances liability is limited to the return of fees paid for the service or part thereof according to the percentage of images supplied.
(11) Personal Accident
Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
(12) Responsibility
Emily Munday Photography is only responsible for the photographs six months after the session date agreed. After which time the photographs will no longer be held on record.
(13) Governing Law
This agreement shall be governed in accordance with the laws of England and Wales.
