TERMS & CONDITIONS FOR PHOTOSHOOTS
This page details the current terms and conditions for Mak Freeman Photography. When you are ready to book a date for your session.
Thank you for booking a photoshoot with Mak Freeman Photography (“me/I/my/the photographer”). Please read these Terms and Conditions carefully, as they apply to your (“you/the client”) booking (“Photography Services/photo shoot session/sitting”).
I am happy to answer any questions or concerns you may have in relation to these T&Cs at any time. However, continuing with your booking means you are agreeing with these terms.
I reserve the right to change these Terms & Conditions at any time, and I will give reasonable notice to you if this happens.
These Terms and Conditions constitute an agreement between the parties and supersede all previous agreements between the parties relating to its subject matter. No variation or agreed termination of these terms and conditions (or of any document referred to in it) shall be effective unless it is in writing. If any provision of this agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. A person who is not a party to this agreement shall not have any rights under or in connection with it.
This agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of England and Wales.
ACCEPTANCE
Your booking and/or payment of your session fee signifies acceptance of these terms and conditions as a legally binding contract, unless otherwise objected to explicitly and in writing, prior to accepting my service. No variation of this contract shall be recognised unless explicitly agreed to in writing.
Any booking or payment made to me (including the session fee) indicates that you have read, understood and agreed to all the terms and conditions as set out in this document in its entirety. If this contract has to be enforced, you agree to mediation instead of court proceedings.
COPYRIGHT & OWNERSHIP
The copyright and all other rights in the Photos shall be retained by Mak freeman Photography. The Photographer asserts the right to be credited as the author of the Photos in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. Any unauthorised reproduction or modification of any images will constitute a breach of copyright. This includes making copies or ‘screen shots’ of images shared by the photographer online.
Sometimes the photographer may share previews or “sneak peeks” of your images, or give you access to an online gallery of images. These images must not be copied, screenshot, downloaded, edited or altered in any way.
If you wish to share photographs to your own network (i.e. Facebook, blog or any other online channels), you agree to do so only once you have purchased and paid for them. In addition, you agree to include the photographer’s company name (Mak Freeman Photography) and Facebook page or Website (makfreemanphotography.com) in your posts.
Booking & Reservations
Your photoshoot session is reserved only once payment is received. Session fees are non-refundable if cancellation occurs more than 7 days after the photoshoot has been booked and reserved. This policy ensures the photographer's availability, locks the date, and secures the day for you, thus avoiding a loss of business.
RESCHEDULING & REFUNDS/CANCELLATIONS
Sometimes it is necessary for the photographer or client to reschedule, for example, due to injury or serious illness. If there are unavoidable circumstances that affect your ability to take part in our photoshoot session, then I am happy for us to reschedule once, within a three-month period. Please let me know as soon as possible that you can no longer make the session and at least 14 days in advance. Please note that any new date will be subject to the Photographer’s availability. I shall use reasonable endeavour to arrange an alternative date for your photoshoot session.
The "No Cancellation" policy means that once a photoshoot is booked with the photographer, the client is not allowed to cancel the shoot 7 days after the booking. This policy is in place to ensure that the photographer's time and resources are properly compensated for, as well as to provide a level of certainty and reliability for both the client and the photographer. It is important that the client takes into account all factors that may affect their ability to complete the photoshoot before committing to the booking, as the no-cancellation refund policy is strictly enforced.
No Refund Policy for Booked Photoshoots
Please note that once a photoshoot is booked, we are unable to offer a refund in the event of cancellation. In recognition of your commitment, should you need to cancel, we will issue a voucher equivalent to the value of your deposit. This voucher is non-transferable and may be applied to any future photoshoot booking with us.
PRICES & PAYMENTS
The price for your photoshoot session will be as agreed at the time of booking and package. Booking your session by paying your session fee guarantees that you receive my current rates. Sessions rescheduled by the client are subject to the prices current at the time of rescheduling. Prices on the website or on marketing materials may be out of date, and I reserve the right to adjust prices at any time without prior notice. All prices are in sterling (£).
All photoshoot sessions must be taken within 12 months of the session fee payment is made. Any exceptions to this need to be agreed in writing, and the current prices and booking conditions will apply.
The balance is to be paid in full before sending the final copy. Payment can be made by Bank Transfer or Card Payment on the website.
Your card will be automatically charged for the remaining amount, excluding deposit of the photoshoot on the day or 48 hours prior to the date of the photo shoot. If a case or a card is declined, Mak Freeman will contact you personally to make the final payment on alternative methods.
MY OBLIGATIONS
I will use reasonable endeavours to supply the Photography Services described on my website and marketing materials in a professional manner.
I reserve the right to decline to book or carry out any photoshoot session or services that I deem to pose a health and safety risk to you, myself, my assistant, or other people.
YOUR OBLIGATIONS
You agree to assist and cooperate with me in all matters relating to the Photography Services and to supply me with all information reasonably requested in order for me to carry out the Photography Services. You agree to do everything you can and that I request of you to ensure that everyone attending the photoshoot is well-rested and cooperative. Although I will do everything I can to make the experience engaging and enjoyable.
It’s not always possible to remove snot, sleep crusts, food crumbs or dribble and is rarely possible to fix creases and hair in Photoshop. In addition, it always looks better to fix these things beforehand, so please make sure everything is how you want it to look in the final images before we take any pictures.
CREATIVE LICENCE
You grant the photographer full creative licence to shoot, select images, edit images and deliver them in the style and method chosen by the photographer and reflective of the style and quality advertised by the photographer.
IMAGE ARCHIVING
Mak Freeman will keep all images in the archive for three months from the date of your photo shoot session, after which they may be permanently deleted.
LIABILITY
In the unlikely event of technical problems, camera/photographic failure, loss of image(s) before delivery to the client is made, injury or sickness beyond my control, my liability shall be limited to a full refund of all monies paid.
I will not be liable for any acts, events, omissions or accidents beyond my reasonable control, including strikes, failure of a utility service or transport network, the act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, inclement weather or default of suppliers or sub-contractors.
The limitation on liability shall also apply in the event that Photos are lost through equipment malfunction, are lost in the mail or are otherwise lost or damaged. My total liability for any breach, representation, act or omission (including negligence) shall be limited to my fee in relation to the Photo Services and I shall not be responsible for any special, indirect or consequential or pure economic loss, costs, or damages, charges or expenses.
In the event of incapacitating illness or injury to the Photographer, I will have the option, whenever possible, to mutually agree with you a replacement photographer to carry out the Photo Services. If we cannot agree on a replacement, then I shall refund to you any fee paid in relation to the interrupted Photo Services in full.
Any directions issued to clients, their guests or employees during a photographic shoot/event are deemed to be at said person’s own risk. Mak Freeman cannot be held responsible for any personal accidents during a photographic shoot.
Mak Freeman is not responsible for the quality of services provided by business partners or other third parties. Your statutory rights are not affected.
Mak Freeman holds Public Liability insurance.