It is mutually agreed that the following terms and conditions form an integral part of this contract and that no variation or modification of this contract shall be effective unless accepted by Kloe Wilkinson trading as Kloe Wilkinson Photography. (also called “the Photographer”) in writing.
When making any booking with Kloe Wilkinson Photography the following terms and conditions will automatically be accepted:
1. Agreement and acceptance of terms. All agreements and transaction between Kloe Wilkinson Photography, and any clients are subject to these terms and conditions. All clients who book a photo shoot session or any other product or service from Kloe Wilkinson Photography agree from that point forward to be bound by these terms and conditions.
2. Copyright – The 1988 Copyright Act assigns the copyright to Kloe Wilkinson Photography. It is contrary to the Act to copy, publish, reproduce or store images electronically, unless the express permission of Kloe Wilkinson Photography has been purchased. If permission is granted, then transfer of the shared copyright commences only once payment for the copyright has been made in full.
3. Display – Kloe Wilkinson Photography reserve the right for any photograph created during sessions to be displayed in the studio, portfolio, or in any other advertising directly associated with Kloe Wilkinson Photography, unless the subject expresses a wish for their image to not be displayed. Confidentiality of the client, is paramount.
4. Force Majeure – Every effort will be made to carry out the contract but its due performance is subject to alteration or cancellation by Kloe Wilkinson Photography owing to any cause beyond their control (e.g. acts of God, change in legislation, floods, fire, computer failure, etc). In the unlikely event of total photographic failure or cancellation of this contract by Kloe Wilkinson Photography.
5. Law – These Terms and Conditions shall be governed and construed in accordance with the Laws of England.
6. Liability – Kloe Wilkinson Photography shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or for any loss to our clients arising from delay in transit. Where work is defective for any reason, including negligence, our liability (if any) shall be limited to rectifying such defect.
7. Licence – Kloe Wilkinson Photography shall be granted artistic licence in relation to the poses photographed, the location used and digital retouching. The Photographer’s judgement regarding the locations, poses and number of photographs taken shall deemed to be correct.
8. Photographs – All photograph sizes are nominal. Kloe Wilkinson Photography will provide a pleasing colour balance but cannot guarantee exact colour matching. In the case of part mono/part colour images, the colours used will be subject to the photographer’s artistic interpretation and will be deemed to be correct. All photographs supplied by Kloe Wilkinson Photography are produced to the highest standards using the best quality materials and latest processing techniques. However, all photographs will, in time, fade. This is particularly true if they are left in bright sunlight and are not behind glass. Kloe Wilkinson Photography cannot accept any responsibility for this gradual image deterioration. All portraits purchased are presumed to have been received in good condition unless the Client notifies Kloe Wilkinson Photography in writing of any discrepancy or error within 24 hours of receipt.
9. Payment – Full payment must be made on the day of the photoshoot either via cash, or by bank transfer. However, this must be done before leaving the studio. This must be complete before any orders placed into production.
10. Prices – All services and/or goods are supplied at the current prices ruling at the time of supply and are subject to change without prior notice. Offers and discounts can only be claimed on booking and not retrospectively and new promotions/discounts cannot be claimed against existing bookings. An addition charge is applied to all orders delivered via post.
11. Reprint Orders – All re-orders shall be treated as an extension of this contract. No responsibility for error will be accepted if orders are given in writing.
12. Refund Policy – We will not refund, nor accept the return of/refusal to pay charges for, any technically acceptable photograph supplied either in print or in electronic format. No exception can be made as we cannot be held responsible for individual tastes or exceptions. Once an order has been placed, we will not offer a refund.
13. Retouching – Retouching and artist finishing at Kloe Wilkinson Photography’s discretion.
14. Storage of Images – Original digital images are kept on an active file for 6 months post appointment, after which time they will be deleted unless expressly stated otherwise by Kloe Wilkinson Photography.
15. Data Protection – In compliance with the Data Protection Act 1998, personal data supplied to the Photographer may be stored for future use. This data will only be used to inform you of future opportunities and to be kept up to date and will only be held as long as is necessary. The Photographer will take all necessary steps to ensure the information is held and used in accordance with the above Act. However, should you not wish the data to be stored and/or removed please contact the Director at the address listed on the contract.
16. Lead times – Kloe Wilkinson Photography’s order turn around is a minimum of 4 weeks. If your order is required for a certain date then please state this at your appointment and the photographer shall do her best to complete within this, but it cannot be guaranteed. Urgent orders are at the discretion of the management.
17. Collection and Delivery – If the client requires the photographer to post an order, the postage cost would be paid by the client. Due to the nature of the images the parcel will be sent via Royal Mail 1st Class Signed for service, paid by the client. If the client would like to collect the order from the studio, you must advise the photographer an estimated time before doing so.
18. Cancelation Fee – If you are unable to keep your reservation with us please contact the studio on 07879865674. We take a booking fee, subjective to your package to secure your session with us please note that this is non refundable and can only be transferred to another session if we have been given the correct notice to change your appointment with us . We need 48 hours notice to re-arrange your session. Only one reschedule will be allowed with any further rescheduling incurring a further booking fee of £25. Any clients, which have not paid a deposit or clients which cancel the appointment within the 48 hour warning will be charged £15.
19. Deposits – Deposits must be made within 24 hours of receiving your invoice. After 24 hours, if the invoice is not paid, your appointment will be cancelled and offered out to other clients.
20. Damages – Whilst it is appreciated that accidental damages happen, the cost of props, outfits and technical equipment are expensive. If any issues arise regarding damages during your session the full cost of the replacement (including postage) would be incurred by you.