Terms & Definitions:

(a) The Photographer (otherwise known as Rachael Carver) is the Author of the photograph.

(b) The Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party);

(c) Elm-Family Photography is a trading name of the Photographer, Rachael Carver, a company registered in England;

(d) These terms and conditions represent the entirety of the agreement between Elm-Family Photography and the Client. Any variation is only applicable when agreed in advance and in writing;

 

Payment, Booking & Cancellation Policy:

(a) Initial deposit is due at time of booking.  The full remaining balance is due 21 days prior to your session, unless alternative arrangements have been agreed as per your invoice.

(b) If ELM-Family Photography has to cancel your session for any reasons beyond their control another date will be offered wherever possible. If the contract has to be cancelled completely their liability shall be limited to a full refund of all monies paid to us. 

(c) If you need to cancel please provide as much notice as possible. This must be confirmed in writing. Initial booking deposits are non-refundable. If you pay over the amount of the deposit and need to cancel before 4 weeks of your session then anything paid over the amount of the deposit will be refunded to you. There will be no charge for changing the date of your session. 

(d) All photos taken will be stored on a locked devise and kept for a maximum of 90 days. After this they will be permanently removed from all storage devises. 

 

Model release: 

(a) The client grants that ELM-Family Photography may use any images of him/her taken at the time of the session for the promotion of the business and services, including but not limited to: website, studio display and promotional material.

(b) The License to Use only comes into effect once full payment of the invoice has been made. No use may be made of the images until full and final payment.

 

Exclusivity:

(a)Unless agreed to in writing on the Invoice no exclusivity is given or implied to The Client. 

(b) The Photographer retains the right in all cases to use the Photographs. 

(c) Exclusivity will not be unreasonably withheld but only on written agreement with the Photographer before work commences.

 

Client confidentiality: 

ELM-Family Photography will store your name, contact details and session information on a private internal database. These details will NOT be made available to companies or individuals outside of ELM-Family Photography. 

 

Rejection:

(a) Elm-Family Photography will edit every take and deliver what it considers to be the best of every situation covered;

(b) There is no right to reject on the basis of style, composition or editing.

 

Indemnity:

(a)It is the Client who must satisfy himself/herself/It’s self that all necessary rights, model releases, clearances or consents which may be required for reproduction of people, places or items depicted within any Works are obtained. 

(b) It is acknowledged that the Photographer gives no warranty or undertaking that any such rights, releases or consents are or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or Works of art depicted in any picture. 

(c) The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed in writing before the shoot. 

(d) In all other cases the Client shall indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances. 

(e) The Photographer will not be liable for any loss or damage, for any consequential loss of profit or income however caused including negligence by the Photographer, Rachael Carver, and it is the Client’s responsibility to insure against such loss or damage.

 

Copyright:
The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.