1. These terms will apply to all services provided by Rachel Sherman Photography. By making a booking you have agreed to these terms and conditions in full.
2.1 Rachel Sherman Photography agrees to provide photography services with reasonable skill and care.
2.2 Any particular requests of the client are to be made in advance of the session and if these requests involve an additional cost to the photographer, an additional fee may be imposed on the client (e.g. specific props or locations).
2.3 By booking a photo session with Rachel Sherman Photography you confirm that you have considered Rachel’s photographic style and wish to proceed on that basis. You will not be entitled to a refund if you are not satisfied with the style of the photographs. I reserve the right to delete any photographs which I consider to be unnecessary or of poor quality and to refuse to take or store any photographs which are deemed inappropriate.
3. Booking and Deposit
3.1 Bookings can be made by email, telephone, facebook message or in person. The photography session is not confirmed (or guaranteed) until the session fee or agreed-upon deposit has been made in full.
3.2 I reserve the right to refuse any booking for any reason.
3.3 The deposit of the session fee (or another mutually agreed-upon amount) must be received in cleared funds at least 7 days prior to the proposed photo session.
4. Price and Payment
4.1 You agree to pay our charges as agreed or as set out on the product price list or package price list.
4.2 I will not attend a photo session unless the deposit has been paid.
4.3 I will not deliver any prints or products to you until the account for such products has been paid in full.
4.4 All payments must be paid by direct bank deposit, by credit card or through PayPal (online store).
4.5 Additional products can be supplied at your request subject to additional payment.
4.6 Product prices are guaranteed only for the duration of your online gallery viewing. I can not guarantee that product prices will remain as-is past that point.
4.7 Quotes for sessions and products are valid only for one month, at which time an updated quote may be required if no booking has been made.
5.1 If you cancel a booking in writing (including by email) or by phonecall and you have given me at least 48 hours notice of cancellation then I will repay the deposit or you may roll-over the deposit to a rearranged booking. Your deposit may also be rolled over at our discretion if you have cancelled on less than 24 hours notice but I have not started travelling to the engagement. If you fail to attend an arranged meeting or cancel the booking after I have started travelling to meet you then the deposit may be forfeited. If you cancel on less than 24 hours notice and I agree at our sole discretion to roll over your deposit then you will be obliged to cover any of my wasted travel or other expenses in addition to the remaining charges.
5.2 If I cancel a reserved booking then we will seek to rearrange the booking with you, if I am unable to do so then I will return your deposit to you.
5.3 If we have agreed to a photo session at an outdoor location then I will not refund your deposit in the case of bad weather (but we will endeavour to find an alternative location or rebook the session).
5.4 I reserve the right to terminate a session immediately in the event that you are uncooperative, disruptive or abusive to me or any assistants. In the event that we terminate the agreement under this clause your deposit will be forfeited.
6. Intellectual Property
6.1 I will retain all intellectual property rights (including copyright) in the photographs and other materials delivered to you. I will be free to edit and enhance the photographs as I see fit.
6.2 Images which I feel are of poor quality or composition will be deleted and you will not have a right to receive all of the photographs which are taken during a photo session.
6.3 Upon payment of my fees in full you will be granted a licence for personal and family use of the photographs. This licence does not include any commercial use of the photographs for which an additional fee will be payable.
6.4 Subject to your explicit consent on the client information sheet and contract, I will be entitled to display the photographs I have taken for you in the gallery section of my website or on the blog and I may use any photographs in our my marketing or publicity materials.
6.5 You must not edit the images in any way.
7.1 I will not be liable to you for any property damage or financial loss or for any indirect or consequential loss or damage such as lost profit, lost opportunity, lost bargain, lost reputation or lost savings whether caused by our negligence, or agents or otherwise.
7.2 My total liability will be limited to the amount of our charges from time to time. I will not be liable to any party other than the person who has made a booking.
7.3 In the event that all or substantially all of the photographs taken during a photo session are lost or destroyed by me then a replacement photo session will be arranged at no additional cost to you but you will not have a right to a refund
7.4 You will be liable for any loss or damage to my equipment if such loss or damage arises as a result of your negligent or deliberate acts or omissions.
7.5 Nothing in these terms will exclude or limit my liability for death or personal injury caused by my negligence.
8.1 I will not be liable for any delay or failure to perform my duties if such delay or failure is due to any cause whatsoever beyond my reasonable control (including computer or equipment malfunction, travel disruption, strikes or Acts of God).
8.2 You will not be entitled to withhold by way of set-off, deduction, or counterclaim any amounts which you owe to me against any amounts that I may owe to you.
8.4 Failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this agreement shall not be a waiver of them or the right at any time subsequently to enforce all terms and conditions of this agreement.