Terms and Conditions
1) APPLICABLE LAW
a) The laws of England and Wales shall govern this agreement. These Terms and Conditions shall not be varied except by agreement in writing.
b) In the event of any conflict between these terms and conditions (including those relating to the time of payment) and those issued or submitted by the Client and in the absence of any contrary agreement in writing these Terms and Conditions shall prevail.
2) SESSION FEE
a) The session fee covers the photographers time and talent plus 5 edited photos as a digital format.
3) DEPOSIT
a) £20 deposit is required at time of booking, this secures your session. Deposit can be paid by bank transfer. Until £20 deposit is paid, your booking is not secure and the photographer reserves the right to book anyone else in for the certain slot.
b) Deposits taken for sessions are non refundable except in the event of Smile Photography by Patrycja Swietochowska cancelling the booking. Except exceptional circumstances solely as a result of bereavement.
4) PRICE OF PRODUCTS
a) Upon booking a session with Smile Photography by Patrycja Swietochowska a full price list is sent to the Client. The price list is also accessible to the general public on the website. It is presumed every Client is in receipt of and has read the price list, Smile Photography by Patrycja Swietochowska cannot be responsible for Client's failure to read price list prior to the session.
b) Pricing of products is subject to change at any time without notice. Product pricing is valid from the day of your session until making your final order.
5) FULLFILMENT OF OBLIGATIONS
a) Smile Photography by Patrycja Swietochowska shall not be liable to the Client for any failure, in whole or in part, to fulfil its obligations where failure arises as a result of an event or circumstances beyond its control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury. In the unlikely event of total photographic failure or cancellation of the contract by Smile Photography by Patrycja Swietochowska liability shall be limited to a full refund of all monies paid.
b) The Client understands and accepts that the photographic coverage will be as Smile Photography by Patrycja Swietochowska professional expertise determines. Special requests are not binding instructions although every effort is made to comply with the Client’s wishes.
c) If Client fails to read the supplied messaged with preparatory information, and therefore fails to carry out required preparations prior to a session, Smile Photography by Patrycja Swietochowska will not be held responsible for any resulting reductions in quality or quantity of images supplied.
6) DIGITAL ORDERS
a) Digital download is a method of delivering the files to you and isn't intended as permanent storage. It is solely Client's responsibility to back up the images and make enough copies for the images to be stored safely.
b) Smile Photography by Patrycja Swietochowska cannot be held responsible for client printing their own images, cannot be held liable for images looking a different colour, crop etc.
7) ARTISTIC INPUT
a) Smile Photography by Patrycja Swietochowska shall be entitled to use its judgement regarding the style and artistic input in the production of pictures. This includes but is not limited to poses, props and number of images taken. Due to the willingness of subjects it may not be possible to capture all the pictures requested, or images to the client’s full expectations. In the event of uncooperative children at a session of any kind, for any reason, Smile Photography by Patrycja Swietochowska may not be able to capture any, or all the images the Client may have requested or expected. The Client is responsible for all children at all sessions.
8) COPYRIGHT AND REPRODUCTION
a) Copyright is retained by Smile Photography by Patrycja Swietochowska at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of Smile Photography by Patrycja Swietochowska. The Client may not alter or add to or manipulate a picture by any means or reproduce a picture in whole or in part as an element within, or as a montage with, another picture without Smile Photography by Patrycja Swietochowska’s written permission. Permission to reproduce a picture for personal use (not commercial) is granted to the Client by Smile Photography by Patrycja Swietochowska only when digital images are purchased and paid in full by the Client to Smile Photography by Patrycja Swietochowska.
b) In the event of unauthorised reproduction (scanning of prints to reproduce images or printing images from the online gallery), the Client shall pay by way of liquidated damages to Smile Photography by Patrycja Swietochowska an unauthorised use fee of £100 per image, or double the standard reproduction fee for the use concerned, whichever is the greater.
9) USE OF PHOTOGRAPHS
a) Smile Photography by Patrycja Swietochowska retains the right in all cases to use any pictures for the purposes of displays, advertising, portfolio, publication or promotion, of its work.
b) Smile Photography by Patrycja Swietochowska reserves the right to use Client's images for advertising purposes on social media, however, Client will be asked whether images can be shared on social media at time of session. Upon Client's refusal for images to be used on social media sites, Smile Photography by Patrycja Swietochowska retains the right for use of images on displays in studio and/or publications and competitions, but images will no be shown as 'sneak peaks' on sites such as Facebook.
10) ONLINE GALLERY
a) Photos will be presented to the Client in online within 6 weeks. They will stay live for client to make their order for 7 days. If client wishes to extend gallery time by a further 7 days, a £15 charge will incur.
b) All images in the online gallery are low resolution for viewing purposes only. Printing, saving or copying those images will incur an unauthorised use fee.
11) DELETED IMAGES
a) All non-purchased images are kept for 3 months. After that period they are deleted.
12) PHOTOGRAPHY AND VIDEOGRAPHY BY CLIENT
a) Cameras, mobile phone cameras and camcorders are not permitted during any session to take photos or video of the set up and/or the child on their own.
b) Smile Photography by Patrycja Swietochowska does not allows clients to take 'behind the scenes photos' of the photographer working. It may disrupt the photographer's work.
13) 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.
GDPR – DATA PROTECTION RULING BY ICO FROM MAY 2018
There are rules and regulations that govern how companies use and retain your information, as a sole trader I am not exempt from those rules and would like to explain how I will use and store your information.
WHAT INFORMATION IS BEING COLLECTED
If you have sent me a web contact form submission asking for my availability and asking me about my services, I will be collecting and keeping your name/email/telephone number and the relevant information about your photo session.
HOW DO I USE YOUR DATA
Once I have received your initial enquiry I will contact you via phone or email as requested by you, and then we will go from there. If you decide to use my services, I will store your data so that I can work professionally with you to organise your photo session.
If for any reason you decide not to use my services I will delete your details.
WHO IS COLLECTING YOU DATA
Just me, via my facebook page, phone call, or email.
HOW IS IT COLLECTED
Via my Facebook page , phone or email.
If you book me for your photo session I will retain your information on spreadsheets on my personal (not shared) computer. (Devised and maintained by me, with no other third party involved) This information is also backed up onto my personal (non shared) computer and stored in the Cloud, for additional backup and security.
WHY IS IT BEING COLLECTED
I need to retain some of your data to enable me to work with you up to your photo session date. I need to be able to contact you in the lead up to your photo session day as we work together. I am happy to explain all the steps I take in working with you and how and where your information is stored and used, at any time, so please feel free to check back if you have any questions at all.
HOW WILL IT BE USED
See above.
WHO WILL IT BE SHARED WITH
No one, unless you give me permission to share it.
WHAT WILL BE THE EFFECT OF THIS ON THE INDIVIDUAL CONCERNED
I hope the effect will be positive and allow us to keep in regular contact during our working relationship.
IS THERE INTENDED USE LIKELY TO COUSE INDIVIDUALS TO OBJECT OR COMPLAIN
I cannot think of a reason for objection or complaint if we are working together. It is best practice to maintain some form of system to record details for the duration of our working relationship.
SOCIAL MEDIA
If you send me a private or direct message via any of the social media platforms, I will store the message for three months. It will not be shared with any other organisations. Social Media that you use may well track your viewing history but please be assured they are not sending your details to me.