Terms and conditions

Terms & conditions

In the following conditions of contract “The Photographer” shall mean Holly Spengler.  “The Client(s)” shall be those who book the photo shoot.  The performance of the contract is subject to the conditions below and they cannot be varied in any way by The Client unless such conditions are expressly agreed by The Photographer in writing.

1. Copyright: The 1988 Copyright Act assigns the copyright of the photographs to The Photographer.  It is, therefore contrary to the Act, and illegal, to copy photographs or allow to be copied, by any means photographic or otherwise, by any person or machine other than by The Photographer or their appointed agents.
2. Display: The Client(s) hereby allow(s) Holly Spengler Photography to display any photograph covered by this contract to generally promote the business in social media, web sites, advertising, editorial use and other such material, providing that the images are used lawfully and without damage to The Client(s). Should the client ask it to be removed after accepting Holly Spengler Photography’s terms and conditions it shall be the photographers decision.
3. Licence, Coverage and Reproduction: a) The Photographer shall be granted artistic licence in relation to the poses photographed and the locations used.  The Photographer’s judgement regarding the location, poses and number of photographs taken shall be deemed correct.  b)  Photographs taken during the course of a booking will be taken at the discretion of The Photographer although every effort will be made to comply with The Client(s) requirements.  c)  The Photographer shall endeavour to photograph all individuals as requested by The Client(s) at some point during the booking, but no responsibility will be taken by The Photographer in the event of leaving somebody out.  d)  Any alterations made to the booking by The Client(s) once details have been confirmed may only be made at the discretion of The Photographer and in some circumstances, The Photographer may be unable to accommodate these alterations due to a conflict of commitments.  Under theses circumstances, The Photographer is not liable to compensate The Client(s) in any way whatsoever.  e)  The Client(s) have purchased high-resolution digital files from his/her photography session with Holly Spengler Photography.  The Client is hereby granted permission by Holly Spengler to reproduce the images and make an unlimited number of prints, for personal use only.  The Client agrees that he/she may not use any Holly Spengler Photography images for commercial or editorial purposes, or enter any Holly Spengler Photography images into a competition without the express written permission of Holly Spengler Photography.  Holly Spengler Photography retains the copyright to all images.  f)  The images that are being provided to you are licensed to you for any reasonable personal purposes, including but not limited to:  printing, emailing and web publishing.  Your license does not include use that results in financial gain, including but not limited to:  advertising, stock photography, print sale profits, or resale of any nature.

Holly Spengler Photography may revoke this license at any time and for any reason,  Holly Spengler Photography retains all copyrights to the images and derivative works thereof.  By using any of these images, you are agreeing to the above terms.

4. Prices: Are as quoted at the time of booking.
5. Payments Terms: a)  A non-refundable session fee of £55 (paid by bank transfer) along with a completed client booking form will confirm your shoot booking.  b)  The shoot fee must be paid for by bank transfer no later than 5 working days before the shoot date.   b)  Title to all goods remains the Property of Holly Spengler Photography until paid for in full by The Client(s).
6. Complaints: In the unlikely event of any complaint with regards to our service, all complaints must be received in writing within seven days of receipt of products purchased.  This includes photographs, albums and frames.
7. Force Majeure: a)  The performance of the contract may be subject to alteration or cancellation by The Photographer as a result of any unforeseeable circumstances beyond The Photographer’s control.  b)  In the event of cancellation by The Photographer The Photographer’s liability shall be limited to a full refund of any deposits and fees paid.  Travel will not be reimbursed.
8. Negatives or digital files: a)  The negatives and digital files shall remain the property of The Photographer and shall be kept by them for not less than 6 months from the session date.  b)  Should negatives or digital files be lost, damaged or destroyed for reasons beyond the control of The Photographer, The Photographer’s liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received.  c)  The Photographer will choose the best images from the session, and a minimum of 25 fully-edited images will be available for viewing online.  All presented pictures are selected at the Photographer’s discretion, and The Photographer reserves the right to edit and release only the images that meet her artistic standards.  Once this selection has been made any remaining images will be deleted.
9. Cancellation Terms: a)  If The Client(s) cancels a shoot booking at any time the non-refundable session fee of £55 will be retained by The Photographer.   b) If The Client cancels the shoot booking following receipt of the shoot fee by The Photographer, the photo shoot will be rebooked.   c)  The Photographer will only cancel a shoot booking in the event of unforeseen circumstances beyond the control of the Photographer in which case,  the photo shoot will be re-booked.  Only in the case of exceptional circumstances or missed timelines preventing the re-booking of a shoot, the shoot fee together with the session fee of £55 will be refunded to The Client.
10. Placing an Order and Receipt of Goods: a)  Any alterations to orders must be notified either by telephone or in writing (sent by special delivery) within one working day of the order being placed.  The Photographer will not be held liable for any costs incurred due to alterations to the order made by The Client(s) after this time.  b)  The Photographer must be notified either by telephone or in writing (sent by special delivery) within two working days of The Client(s) being in receipt of their order in the case of error, shortage or damage as mistakes cannot be rectified after this period.  c)  Due to the nature of the product, The Photographer is unable to give exchanges or refunds.  This does not affect your statutory rights.  In the event that photographic materials are damaged in processing, lost through equipment malfunction, lost in the mail or otherwise lost or damaged, The Photographer will offer to re-shoot at no extra cost to the client but shall have no further liability for losses, including consequential losses, incurred by The Client(s).
11. Health and Safety: The Client(s) is responsible for the children’s safety during the photo shoot.  The Client(s) must, therefore, ensure that a responsible adult other than Holly Spengler, is present at all times supervising the children.
12. Governing Law: Any contract made between The Photographer and The Client(s) shall in all respects be governed by an construed in accordance with English Law an the parties hereto submit to the jurisdiction of the English courts.