TERMS & CONDITIONS
TERMS & CONDITIONS
These Terms & Conditions form the agreement between Emma Wright Photography, hereafter referred to as “the Photographer”, and the person making the booking, hereafter referred to as “the Client”.
By booking and paying for a photography session, the Client confirms that they have read, understood and agreed to these Terms & Conditions.
1. AGREEMENT
These Terms & Conditions, together with the details confirmed at the time of booking, constitute the agreement between the Photographer and the Client.
Any variation or amendment must be agreed by both parties in writing.
2. PHOTOGRAPHIC STYLE
Before booking, the Client acknowledges that they have had the opportunity to view the Photographer’s portfolio and are familiar with the Photographer’s photographic and editing style.
The Client understands that the finished images will reflect the Photographer’s established style, including choices relating to composition, lighting, colour, black & white conversion, grain, movement, cropping and editing.
The Photographer cannot guarantee that images will replicate photographs from previous shoots or specific reference images supplied by the Client.
3. PHOTOGRAPHIC COVERAGE & ARTISTIC DISCRETION
The Photographer will use her professional judgement in determining how the session is photographed, including composition, poses, lighting, backgrounds, locations and the number and variety of photographs taken.
No individual photograph or requested pose can be guaranteed.
The Photographer retains artistic discretion over the selection and editing of the final gallery.
4. SPECIAL REQUESTS
The Photographer will make reasonable efforts to accommodate specific requests made by the Client.
Any important requirements should be communicated in writing before the session.
Special requests are not binding instructions and cannot be guaranteed.
5. RAW & UNEDITED IMAGES
RAW files, unedited photographs, test images, rejected images and photographs that do not form part of the Photographer’s edited gallery are not supplied or made available for viewing.
The Photographer alone determines which photographs meet her professional and artistic standards for inclusion in the edited gallery.
RAW or unedited files are not available for purchase.
6. NUMBER OF IMAGES
The number of final images included with the session will be as stated in the package or booking information supplied to the Client.
Where the Photographer provides a larger proof gallery from which the Client selects their included images, additional finished images may be available to purchase at the Photographer’s current rates.
The Photographer retains discretion over the total number of photographs included within any proof or final gallery.
7. EDITING & RETOUCHING
All final photographs are edited according to the Photographer’s established style.
Standard editing may include adjustments to exposure, colour, contrast, cropping and other elements at the Photographer’s discretion.
Retouching is intentionally kept natural unless otherwise agreed.
Requests for substantial retouching, alteration or additional editing beyond the Photographer’s normal process may be treated as additional work and may incur an additional fee. The Photographer will advise the Client of any additional charge before undertaking such work.
8. COPYRIGHT
Copyright in all photographs created by the Photographer remains with Emma Wright Photography in accordance with the Copyright, Designs and Patents Act 1988.
Payment for a photography session or for individual photographs does not transfer copyright ownership to the Client.
The Client receives permission to use the final images supplied to them in accordance with the licence set out below.
9. CLIENT LICENCE & USE OF FINAL IMAGES
Once final images have been supplied to the Client, the Client is granted a non-exclusive licence to use those images for their own reasonable purposes.
For model portfolio and model development sessions, this includes use by the Client/model on:
personal and professional social media accounts;
model portfolios and casting profiles;
model and talent agency websites and systems;
casting submissions;
the Client/model’s own website;
reasonable self-promotional and portfolio material.
Final images may also be supplied by the Client to the model’s representing agency for these purposes.
This licence applies only to final images supplied by the Photographer, including any additional images purchased by the Client.
Images may not be sold, sublicensed or supplied to an unrelated third party for commercial advertising or other commercial use without the Photographer’s prior written permission.
The Photographer's copyright remains unaffected by the licence granted to the Client.
10. PROOF GALLERIES & WATERMARKED IMAGES
Where a proof gallery is provided for the Client to select their final photographs, all photographs contained within that gallery are supplied as watermarked proofs for selection purposes only.
Watermarked proof images must not be:
downloaded;
screenshotted or screen-recorded;
copied;
edited or altered;
posted on social media;
sent to or published by third parties;
reproduced;
shared publicly; or
used for any other purpose.
The proof gallery may be shared privately with the model's parent/guardian or representing model/talent agency solely for the purpose of assisting with the selection of final images.
Only the final photographs included within the Client's package, together with any additional photographs subsequently purchased, are licensed for use under Clause 9.
Publication or sharing of watermarked proof images does not constitute purchase or permission to use those photographs.
11. DELIVERY & IMAGE SELECTION
Final digital images will normally be delivered electronically using an online download service or gallery.
Where the Client is required to select final images from a proof gallery, the Client is responsible for making their selection within the timeframe communicated when the gallery is delivered.
Proof galleries are available for a limited period and may be removed after the stated deadline.
Once final files have been delivered, the Client is responsible for downloading them promptly and maintaining secure backup copies.
The Photographer cannot guarantee indefinite storage of delivered images.
12. ADDITIONAL IMAGES
Where a package includes a specified number of final photographs, any photographs selected in addition to that number will be charged at the Photographer's current additional-image rate.
Where a full-gallery upgrade is offered, this will be charged at the price communicated to the Client.
There is no obligation to purchase images beyond those already included within the Client's booked package.
Additional photographs are not licensed for use until they have been purchased and supplied as final files by the Photographer.
13. PHOTOGRAPHER'S USE OF IMAGES
Unless otherwise agreed in writing, the Client gives the Photographer permission to display photographs created during the session as examples of the Photographer's work.
This may include use within the Photographer's:
website and online portfolio;
social media;
printed portfolio;
promotional and marketing materials;
exhibitions;
editorial submissions;
professional presentations and portfolios.
The Photographer will not sell or license photographs from the Client's session to an unrelated third party for separate commercial advertising use without obtaining appropriate additional permission where required.
If the Client has particular concerns regarding publication of images, these should be discussed with the Photographer before the session takes place.
14. CHILDREN & MODELS
Where the person being photographed is under 18, the person making the booking confirms that they are the child's parent or legal guardian, or otherwise have the necessary authority to make arrangements for the photography session.
The Photographer will make reasonable efforts to communicate with and engage the model during the session in order to create photographs consistent with her portfolio.
The Client acknowledges that the success and quantity of photographs achievable during a session may be affected by factors outside the Photographer's control, including a child's willingness to participate.
If a child or other model is unable or unwilling to participate sufficiently for the session to proceed as intended, this does not automatically entitle the Client to a refund.
At the Photographer's discretion, an alternative or discounted session may sometimes be offered where circumstances warrant it.
15. SESSION TIMES & LATE ARRIVAL
Session start and finish times are fixed at the time of booking.
Clients should aim to arrive approximately 10 minutes before the scheduled start time so that the session can begin calmly and promptly.
Where a Client arrives late, the session may still need to finish at the originally agreed time, particularly where the Photographer or studio has subsequent bookings.
The Photographer will make reasonable efforts to accommodate delays where possible but cannot guarantee that lost session time can be extended.
16. WEATHER & LOCATION SESSIONS
For outdoor or location sessions, the Photographer and Client acknowledge that weather and environmental conditions cannot be controlled.
Where conditions make a planned session impractical, unsafe or likely to significantly compromise the work, the Photographer and Client may agree to postpone or modify the session.
Changes caused by weather will be considered on a case-by-case basis.
17. PAYMENT
The payment arrangements applicable to the Client's session will be confirmed at the time of booking.
Unless otherwise agreed, a booking is not secured until the required booking payment has been received.
Where payment is split between a booking payment/deposit and a remaining balance, the Client will be informed of the amount and payment schedule before confirming the booking.
Any outstanding balance must be paid by the agreed due date.
18. CANCELLATION & POSTPONEMENT
If the Client wishes to cancel or postpone a session, they should notify the Photographer in writing as soon as possible.
Any refund or amount retained following cancellation will depend upon the circumstances, the notice provided, costs already incurred by the Photographer, whether booked studio or other third-party costs are recoverable, whether the session can reasonably be resold, and any applicable consumer rights.
Where appropriate, the Photographer may allow payments already made to be transferred to an alternative session date, subject to availability and any costs already incurred.
Nothing in these Terms & Conditions affects any statutory cancellation or other consumer rights the Client may have under applicable UK law.
19. CANCELLATION BY THE PHOTOGRAPHER
If the Photographer is unable to undertake the session due to illness, emergency or another circumstance outside her reasonable control, reasonable efforts will be made to arrange an alternative date.
If an alternative date cannot reasonably be agreed, payments made for photographic services that cannot be provided will be refunded as appropriate.
The Photographer will not be responsible for indirect losses or costs incurred by the Client beyond amounts for which the Photographer is legally responsible.
20. FORCE MAJEURE
The Photographer will not be liable for delay or failure to perform obligations where this results from circumstances beyond her reasonable control.
This may include, but is not limited to, severe weather, transport disruption, illness, accident, government restrictions, venue closure, equipment failure despite reasonable precautions or other unforeseen events.
Where possible, the Photographer will work with the Client to find a reasonable alternative arrangement.
21. PRINTS & PHYSICAL PRODUCTS
Where prints or other physical products form part of the Client's package, image selections must be made within 12 months of the shoot date, unless otherwise agreed in writing.
Where selections are not made within this period, the Photographer cannot guarantee that the original product or supplier pricing will remain available.
Orders placed after 12 months may therefore be subject to the Photographer's current prices and product availability.
22. COMPLAINTS
If the Client has a concern or complaint regarding the service provided, they should contact the Photographer in writing as soon as reasonably possible.
Where possible, complaints relating to delivered photographs should be raised within 28 days of receiving the final images so that the Photographer has a reasonable opportunity to investigate and respond.
23. LIMITATION OF LIABILITY
The Photographer will take reasonable care in photographing, processing, storing and delivering the Client's images.
In the unlikely event of total photographic failure, loss or corruption of images due to equipment malfunction, data failure or another unforeseen circumstance, the Photographer's liability will be limited to the remedies and amounts required under applicable law.
Nothing in these Terms & Conditions excludes or limits liability where doing so would be unlawful.
24. PERSONAL DATA
Personal information supplied by the Client will be used as reasonably necessary to administer the booking, communicate with the Client, provide the photography service and maintain appropriate business records.
Personal information will not be sold to third parties.
Further information about the handling of personal information should be provided in the Photographer's Privacy Policy where applicable.
25. ACCEPTANCE OF TERMS
By confirming a booking and making the required payment, the Client confirms that they have had the opportunity to read these Terms & Conditions and agree to be bound by them.
These Terms & Conditions do not affect the Client's statutory rights.