In the following terms & conditions “the photographer” shall mean anyone working for Vivienne Court Photography Ltd. “The client(s)” shall be those persons defined in the booking form. It is mutually agreed that the following terms of agreement form an integral part of this contract and cannot be varied in any way by the client(s) unless such conditions are expressly agreed by the photographer in writing. By booking with the photographer you agree to the below Terms and Conditions.
1. Booking/Session Fee:
1.1 The full session fee is required at the time of booking in order to reserve and secure the appointment unless otherwise confirmed by Vivienne Court Photography and is non-refundable.
1.2 The portrait or headshot session fees are required in full prior to your sitting.
1.3 Payment may be paid by cash, credit/debit card, bank transfer or via Paypal.
2.1 Payment for all items ordered must be made at the time of ordering. Prices for prints and framed prints are available in our studio, in the Product Menu in your Welcome Pack or on the Headshot & Personal Branding Price List.
2.2 The total amount of the order, shall be paid in full as one lump sum or by the agreed upon Payment Plan to Vivienne Court Photography.
3.1 All charges and additional goods specified at the time of the booking, are supplied at the prices ruling on the date of booking. Goods not specified at the time of the booking are supplied at the prices ruling at the time of receipt of the order.
3.2. Services or merchandise not included in this initial contract will be sold at the current price when the order is placed.
3.3. All prices are subject to change at any time without notice.
Gift Cards and Gift Vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from Vivienne Court Photography.
4.Returns / Refunds
Due to the custom nature of digital and print photography ALL products are non-refundable upon purchase.
5. Model Release:
5.1 The Client hereby assigns Vivienne Court Photography, the irrevocable and unrestricted right to use and publish photographs of the Client or in which the Client may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The Client releases all claim to profits that may arise from use of images.
5.2 The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc.
6. Newborn Sessions:
6.1 Prior to your Newborn session, please inform Vivienne Court Photography of any concerns or conditions to be aware of to ensure your baby’s wellbeing is preserved at all times.
6.2. Should baby or Mum be unwell before the session, please inform Vivienne Court Photography and we can reschedule. If for any reason during the session you or your baby is unwell, we can discuss terminating the session and rescheduling to the next available date. This may mean your baby is older and may be more alert during the session.
6.3. Not all babies are comfortable in all poses and therefore no particular pose is guaranteed to be performed. Vivienne Court Photography will manage your expectations throughout the session, which means depending on how your baby is on the day, how long the baby takes to settle or depending on how comfortable the baby is, alternative poses and photos will be undertaken.
6.4 Parents are required to bring items such as extra nappies, muslin cloths, milk (chosen formula or expressed), you will have plenty of time to breastfeed and comfort your baby as and when needed. These additional items are not provided in the studio.
7. License, Coverage and Reproduction:
7.1 Photographs taken during the course of the session/event will be at the discretion of the photographer although every effort will be made to comply with the clients requirements.
7.2 The photographer shall be granted artistic license in relation to the poses photographed and the locations used. The photographer’s judgement regarding these matters shall be deemed correct.
7.3 When attending events the photographer shall endeavour to photograph all individuals as requested by the client(s) at some point, but no responsibility will be taken by the photographer on the occasion of leaving somebody out.
7.4 At certain venues, the photographer’s movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the event may not be the photographer’s choice and the photographer cannot accept responsibility for any obstructed view should this be the case.
7.5 On location or events due to a variety of uncontrolled lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs. 5.6 Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.
8. Prints, reprints, additional retouching and enlargements:
8.1 Vivienne Court Photography offer a vast array of print and enlargements sizes all with different aspect ratio’s, all of our images are shot to the aspect ratio of 2:3 which is ideal for most popular enlargement options. However, on some of the enlargements sizes that I offer image cropping may/will occur. Please ask advice before ordering enlargements.
8.2 If the Client requires additional editing/retouching of the images purchased, an additional charge of £30 per images will be charged.
9. Capture and Delivery
Vivienne Court Photography is not liable to deliver every image taken at the event. The determination of images delivered to the client is left to the discretion of Vivienne Court Photography.
10. Gift Vouchers:
10.1 The Gift voucher covers the photoshoot and the makeover.
10.2 The photoshoot is to be held at a time and location agreed between the client and the photographer and is non-refundable but can be rescheduled due to weather or illness.
10.3 The photoshoot is to be held within 20 miles of London CBD.
10.4 Gift vouchers expires as per the date stated on the front. To extend your voucher, book your appointment before the expiration date.
10.5 Should a recipient wish to purchase further prints/digital images then these will be charged for at our normal rates.
10.6 Gift vouchers are non-transferable and not redeemable for cash.
10.7 Photoshoots by appointment only. Please call to reserve your date.
11. Gift Cards:
11.1 Gift cards are not redeemable for cash.
11.2 Gift cards can be used towards a photoshoot and makeover or printed collections and products.
11.3 Photoshoots by appointment only. Call to reserve your date.
12. Creative Licence / Artistic Style:
12.1 Vivienne Court Photography shall be granted creative and artistic licence in relation to the choice of locations and poses used. Vivienne Court Photography’s judgement on photographic style and the number of photographs taken shall be deemed correct. Some photographs may not be possible due to changes of the weather and the availability and willingness of subjects. Vivienne Court Photography will do their best to honour requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement.
12.2. On the Photographer’s behalf and on the behalf of the Subject/Client: Client acknowledges that they are familiar with the Photographer’s portfolio and is requesting services with knowledge of the Photographers style; that Photographer’s work is constantly evolving; that Photographer’s services are of a unique and artistic nature; that the photos may be different from photographs taken by the Photographer in the past and that in creating photos, the Photographer shall use her personal artistic judgement to create images consistent with her personal vision of the event, which may be different from the Client’s and/or the Subject’s vision of the Event. Accordingly, the Client acknowledges that the photos shall not be subject to rejection on the basis of taste or aesthetic criteria.
13. Copyright, Digital Negatives and Prints:
13.1. The Copyright, Designs, and Patents Act 1998 assigns copyright to Vivienne Court Photography. You may not copy the photographs taken under this contact, or allow copies to be made photographically, electronically, or by any other means. This includes saving, screen grabbing and downloading from Facebook or other social media. This is a standard condition for most professional photographers.
13.2. The Client may not alter or add to or manipulate a picture by means of computer or any other technique or reproduce a picture in whole or in part as an element within, or as a montage with, another picture without Vivienne Court Photography’s written permission.
13.3. The Client will receive a copy of the digital files of the printed photographs purchased, on a USB memory stick, as part of the Portrait Package. The Client may use the images on Social media for sharing and enjoyment of friends and relatives. However, the Client must not reproduce any images for publishing or selling for profit.
13.4. The images that are being provided to the Client are licensed for any reasonable personal purposes, including but not limited to printing, copying, 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.
13.5. Your purchase of the original files releases Vivienne Court Photography from any liability due to loss or damage of the images, and also releases Vivienne Court Photography from any obligation to maintain copies of any digital file, image, or photographs after 12 months from the date produced.
This is a standard condition for professional photographers. View the full copyright notice.
All digital negatives (computer files) remain the property of the photographer. On occasion, the photographer may supply a copy of the edited digital negatives to the client(s) for their own non-commercial use.
15. Force Majeure:
15.1 In the unlikely event of total photographic failure, injury or sickness beyond Vivienne Court Photography’s control, their liability shall be limited to a full refund of all monies paid.
15.2 Your statutory rights are not affected. Vivienne Court Photography has full Public Liability and Professional Indemnity Insurance.
16. Cancellation or Rescheduling:
16.1 If Vivienne Court Photography has to cancel the appointment for reasons beyond their control (death, injury, sickness, etc.), their liability shall be limited to a full refund of all monies paid.
16.2 If the Client cancels the appointment an unconditional refund policy exists up to 14 days prior to your reserved date.
16.3 If the notification from the client is received under 14 days, then 30% of the booking fee will be retained by Vivienne Court Photography.
16.4 We do allow a one-time rescheduling of your shoot, to take place within 30 days of your original session date. Please let us know as soon as possible (at least 14 days before your session) if you do need to reschedule, so we can make your date available to others.
17.1 Should the cancelled appointment turn out to be a postponement, then, subject to Vivienne Court Photography’s availability, all monies paid may be applied to the new appointment. In this case, the total fees chargeable shall be the fee which applies at that time. In the event that Vivienne Court Photography takes another appointment for your cancelled or postponed date, a full unconditional refund of your deposit and monies paid shall be made.
17.2 If, following cancellation by the client, a new date, within 30 Days, cannot be agreed by both parties, the full booking fee will be retained by Vivienne Court Photography.
18. Postponement Due To Adverse Weather (Outdoor Sessions):
If the appointment has to be cancelled by Vivienne Court Photography due to adverse weather conditions a new, mutually agreed appointment will be made. However, if the Client would like a Booking Fee refunded, this will be granted.
19. Limit of Liability:
19.1 In the unlikely event that the assigned photographer from Vivienne Court Photography, is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of Vivienne Court Photography, Vivienne Court Photography will make every effort to secure a new date for the session.
19.2 If the situation should occur and the session is not rescheduled, responsibility and liability is limited to the return of all payments received for the portrait session.
19.3 In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond Vivienne Court Photography’s control, including but not limited to camera, hard drive, or equipment malfunction, Vivienne Court Photography liability is limited to the return of all payments received for the portrait session.
19.4 The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
19.5 Vivienne Court Photography is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
19.6 Client agrees to hold the photographer and Vivienne Court Photography harmless for any personal injury which may occur as the Client and/or children poses or works with the photographer.
19.7 Any directions issued to clients, their guests or employees during a photographic shoot/event are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
20. Complaints Procedure:
Please address any complaints to Vivienne Court Photography by email or writing as per my contact details. I will endeavour to respond to any complaint within 5 working days of receipt.
21.1 The new EU General Data Protection Regulation (GDPR) comes into force on 25 May 2018 (including in the UK regardless of its decision to leave the EU) and will impact every organisation which holds or processes personal data. It will introduce new responsibilities, including the need to demonstrate compliance, more stringent enforcement and substantially increased penalties than the current Data Protection Act (DPA) which it will supersede.
21.2 Vivienne Court Photography is committed to high standards of information security, privacy and transparency. We place a high priority on protecting and managing data in accordance with accepted standards.
21.3 Vivienne Court Photography will comply with applicable GDPR regulations taken effect in 2018, including as a data processor, while also working closely with customers to meet contractual obligations for procedures, products and services.
21.4 Vivienne Court Photography will never share, or allow to be accessed, shared or distributed, any personal or contact information of any client or enquiry obtained by any means. ALL contact information is protected on secure systems and password protected at all times.
21.5 Should you wish to have your details removed from our database, please advise us in writing. You will have the option to unsubscribe from our mailing list should you no longer wish to receive the Newsletter.
These Terms and Conditions shall be governed and construed in accordance with the Laws of England and Wales.23. Covid-19:
The Novel Coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, the World Health Organization, local governments and local health agencies recommend social distancing.
Safety is our highest priority and changes have been made based on guidance from the UK Government and local health officials, including the WHO. We ask that you please help to follow these guidelines during your session. Cleanliness, physical distancing and reduced contact are very important as we transition back to normalcy.
All clients attending a photoshoot with Vivienne Court Photography will be required to comply and sign a COVID-19 Waiver. Please do not attend your session if you have any symptoms of COVID-19 or if you have travelled internationally within 2 weeks of your session.
If you are not feeling well before you photoshoot, please let us know and we can reschedule your session, at no cost.