The following terms and conditions apply to the standard packages available on this website. If your session is more bespoke, separate terms and conditions will be created. Amendments to these terms and conditions can be requested for your specific photoshoot. It is advised you contact me before booking your shoot advising of any amendments you wish to make. As by booking a photoshoot this implies you have accepted the terms and conditions as they are.
By booking and taking part in a Firstadekit Photography Photoshoot session you agree to the following photoshoot Terms and Conditions:
- Definitions
In the following terms and conditions “the Photographer” is Firstadekit Photography. “The Client(s)” are those persons recorded on the booking form, regardless of who is financially responsible for the agreement. The “photoshoot date and time” is the booked day on which the Photo Session will take place.
It is mutually agreed that the following terms of agreement form an integral part of this contract. Any variation or modification of this contract will not be effective unless accepted by both Firstadekit Photography and the Client(s) in writing. Payment of any session fee (deposit or Full payment) by the Client(s) is taken as a sign of agreement and acceptance of all terms and conditions as set out by Firstadekit Photography, detailed below. For sessions using the online booking system or upon receipt of a session prep email if booked by any other means is taken as a sign of agreement and acceptance of all terms and conditions as set out by Firstadekit Photography, detailed below. Any requests for changes to the terms and conditions for private bookings must be asked for BEFORE the shoot. Terms and conditions for mini shoots cannot be changed and by booking a mini session this is taken as a sign of accepting the terms and conditions. - Copyright
The 1988 Copyright Act assigns the copyright of the photographs to the Photographer. Firstadekit Photography retains copyright for all images taken on any photoshoot. Images are sold on a personal use license; this includes those digitally.
For Portfolio builders, non business events & mini shoots The Client(s) retains a personal copyright license to make gifts and prints at home for personal use, however it is not permitted to sell them, edit them, or enter them into any competitions or publications as your own. Permission may be granted to enter them into such competitions or publications where they do not need to be ‘your own work’, written permission must be obtained from Firstadekit Photography first.
For headshot & polaroid/digital sessions the photographer grants the client full image usage rights allowing the client to use the image however they see fit, within reason that does not bring the reputation of the photographer into disrepute.
For business events, branding and marketing sessions a bespoke contract will outline the image usage rights. Every major project for a business requires a bespoke quote. Pricing varies greatly on how, where and for how long the images are to be used. I can send a questionaire to determine a quote based on your answers. - COVID-19
The Photographer will take all steps necessary to ensure that the session is conducted in a safe environment.
The Client(s) and all members of their group agree to hand sanitising upon entering an indoor session if requested to do so.
If the Client or any members of their group is/are unwell and show signs of COVID-19 the Client agrees that no one may attend the indoor or outdoor session and must notify Firstadekit Photography as soon as possible. Where possible, Full sessions will be rearranged to another agreed date. This does not apply to Mini Sessions, in any format. Mini sessions cannot be rearranged due to COVID or any other illness. - The Photoshoot
Due to the nature of the Photo Shoots, Firstadekit Photography cannot guarantee any outcomes or guarantee the fulfilment of any specific requests for the Photo Shoot. However, Firstadekit Photography will conduct the Photo Shoot using professional skill and care.
In any event, Firstadekit Photography will endeavour to accommodate any reasonable requests from the client regarding the artistic direction of the Photo Shoot, but the Photographer retains absolute discretion as to the nature of the Photographs.
The Photographer shall make every effort to photograph all individuals and products (including food dishes) as requested by the Client(s), but no responsibility will be taken by the Photographer when leaving somebody/ something out.
The Photographer will not make up any time should the Client arrive late for their session. The Photographer will not be held responsible for being unable to capture images of unwilling family members or participants.
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. Partial refunds will be offered for failure of equipment should the amount of deliverable images be greatly reduced.
Firstadekit Photography cannot be held responsible if rented studio space equipment fails or is unavailable on the day and the studio has failed to communicate this before the shoot.
A parent or guardian must be always present when photographing children. When photographing in a venue, the Client(s) is responsible for gaining permission and submitting agreed permission to Firstadekit Photography, with a signature from the relevant guardian.
The Client(s) must not take any photographs during the Photo Shoot without first obtaining permission from the Photographer.
Photoshoots/ sessions are limited to the advised time when booking. If the session runs over, additional charges may be applied, and images will not be released to the client until these charges have been paid. The session must start at the agreed time, time will not be made back up due to a late arrival by the client.
Due to the use of natural light in some studios, images may have a variance in colouration throughout a set of photographs. However, the photographer will use professional care to ensure that the best results possible are achieved. - Deliverly of Images
Proofs will be sent to the client within 48 hours for them to make the selection of the images they wish to be retouched and made available in high-resolution as per the package they have selected.
Retouched high-resolution versions will be sent to the Client(s) within 3 weeks of them making their selection (this may take longer during peak periods such as Summer & Christmas.) If the date looks to exceed this, Firstadekit Photography will communicate a new date in writing to the Client(s.)
For Christmas Mini, Tiny and Doorstep Sessions, selections submitted and received after the deadline will be processed after Christmas.
Once the Client(s) has placed their selections, the order cannot be changed but can be added to with any additional charges.
Any edit requests must be made at time of selections. Minor edits including scratches and mark removal only, will be applied at no extra cost if requested before final images are supplied. Any other edits will be subject to agreement by the photographer and an additional charge may be requested if the requests require a significent amount of time which will be confirmed prior to the edits being made. - Use and supply of Images.
As the copyright owner Firstadekit Photography reserves the right to use any images from the photo session in all forms of media, for the purpose of self-promotion, except for images that include minors. This includes but is not limited to Facebook, blogging, Instagram, newsletters, firstadekit.com, publicity, publishing or in photographic contests or gallery shows. The Client(s) hereby allow(s) Firstadekit Photography to use images covered by this contract. If Firstadekit wishes to use a picture for these purposes including a minor permission will be asked first.
If the client fails to make payment by the correct date and the photo session has taken place then Firstadekit Photography reserves the right to keep all images and use for purposes set out above, regardless of any prior agreement made.
The client is granted image usage rights for the package they have selected.
Headshots & Polaroid/Digitals: Full rights, images can be used worldwide for all purposes.
Portfolio builder: Social Media and Portfolio usage only. Images must not be used to promote clothing brands, or any other brands. Images cannot be submitted to magazines without express permission of the photographer. Images should not be used for content on paywall sites. For images to be used for any other purpose other than social media or portfolio please get in touch for a bespoke package.
Business Events, Private events & Drone: Social Media, business/personal website and press release use only. Images should not be used for marketing/branding campaigns. For marketing/branding campaigns please get in touch for a bespoke quote.
All digital files remain the property of Firstadekit Photography. The best images from the shoot, selected by the Photographer, will be sent to the Client(s) for reviewing in JPEG format. The Client(s) will not receive every photograph from the photo session for proofs (out of focus, eyes closed etc will be culled) and the Client(s) will not receive any RAW files.
The number of images varies for each session. Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs.
Firstadekit Photography will supply the maximum number of images as possible per the package selected. The final images (including editing, effects, crops, and overall look of the images) are left to the discretion of the Photographer. The Photographer will endeavour to process any edits requested by the Client(s), however there may be an additional charge.
The Photographer reserves the right to use discretion for the best result and to decline edit requests which substantially change the look of an image.
Minor edits such as scratch and mark removal on people will be made at no additional cost and included in the final processing of images, so long as the client requests such edits when selecting their images and not after the images have been supplied/ downloaded.
If further edits are requested once the final images have been supplied, additional charges will be applied to complete them.
All non-minor edit requests will be subject to an additional charge, which will be confirmed prior to edits being made.
Once an image has been selected for retouching from a client’s online gallery it cannot be changed for another image.
For all images that are included in the Client’s Photoshoot package, they will be available for download from an online gallery. Once an image has been downloaded from the Client’s gallery it cannot be changed and the number of remaining images (included in the package) to download will decrease. Should the Client download the wrong image then an email should be sent to Firstadekit Photography immediately and the additional charge to download the desired, correct image will be confirmed. - Pets
Pets are only allowed for specific sessions and written consent must be received from Firstadekit Photography prior to the session. In the event that a pet arrives for a photoshoot without prior agreement, Firstadekit Photography reserves the right to ask for the pet to be taken home and he or she will not be included in the session.
For sessions where a Pet has been allowed, if the Pet is unable to be controlled or behaves in an aggressive manner towards the Photographer or the Pet damages any equipment, decorations, fixtures or fittings, it will result in the early or immediate ending of the session. The Client(s) understands that in such an event, no refunds will be granted, and the Client(s) will be charged for any damages caused by the Pet.
The Client(s) remains responsible for the Pet at all times and must clean up and take home any mess made by the Pet. - Prices and discounts
All prices are correct at time of booking and valid for 31 days (unless otherwise specified). Goods not specified at point of booking are supplied at the prices standing at the time of the photoshoot. - Payments
Payment can be made by cash, bank transfer or PayPal.
Full payment of the deposit, as well as full acceptance of these terms and conditions, must be made within 24 hours of receiving the invoice, unless otherwise agreed. If payment is not received at the agreed time, then your booking will be cancelled.
You have 5 days to amend your session date, providing your session is more than 5 days away from the date of the deposit received. Bookings can only be amended once and requests must be made in an email, as per the terms in section 9.
The balance for the Photoshoot must be made 7 days prior to the session date, unless otherwise agreed. If it is not received, then the session will be cancelled, and any deposits will not be refunded. For businesses final payment can be made after deliverly of images using Purchase Orders (PO)
If prior agreement has been given for the balance to be paid on the date of the session and it is not received, then the images captured will not be sent to the Client(s) and Firstadekit Photography will retain the rights to use the images for the purposes set out in section 4 and any prior agreement not to use the images will be null and void.
All Mini and Tiny Session (including Christmas) Payments
Full payment for the session (unless otherwise stated), as well as full acceptance of these terms and conditions, must be made within 24hours of receiving your booking invoice, to confirm your session. If payment is not received at the agreed time, then your booking will be cancelled, and your session will be released.
All payments for ALL Mini sessions are non-refundable and once payment is received times and dates cannot be changed, nor can the session be transferred to another Firstadekit Photography session or to another person. - Cancellations and Changes
Cancellations may need to happen, life is busy, things happen and people get ill. Where possible I will accommodate a cancellation right upto 6 hours before the shoot, however due to the fact that time cannot be resold at short notice some fees may be unrefundable.
Once a Booking deposit has been received for a Photo Session it cannot be refunded unless notice is given by e-mail at least 7 days before the photo session. For any studio fees incurred that are not refundable, these will be deducted from any refund.
For all non-mini Photo Sessions, the client has 7 days to request a change to their booking from the date of paying their deposit, providing their Session is more than 7 days away. Any requests must be sent via email only, no other means of communication will be accepted. The Photographer will confirm if it is possible to amend the booking.
For all non-mini Photo sessions, amending a session time and date can only be made once, unless otherwise agreed. Sessions can only be amended on a like for like basis, they cannot be transferred to a different type of session unless the client is transferring to a session of greater monetary value.
If a request is received after 7 days, then the session will not be changed.
If the Client(s) is unwell the photographer will confirm if it is possible to rearrange the session. If less than 7 days notice is given and studio fees have been incurred these will not be refunded. Should the client cancel a second time due to illness at short notice the full payment of the shoot must be made before any further discussions of rescheduling due to 2x loss of earnings already occurring.
All Mini sessions, unless otherwise stated, must be paid in full to secure a booking. Payment is non-refundable or transferable (this includes to another person). Should the Client(s) need to cancel then notification of the cancellation must be sent in writing as soon as possible.
Due to the nature of Mini sessions, they cannot be rearranged due to illness and no-refunds will be made.
Should the Client(s) need to cancel a session completely then notification of the cancellation must be sent in an email as soon as possible. Deposits will not be refunded.
In the event of cancellation by the Photographer, or in the very unlikely event of total photographic failure, liability shall be limited to a full refund of any fees paid only if another mutually agreed date cannot be arranged. - Outdoor shoots, including Doorsteps
If inclement weather or other adverse conditions prevent the photoshoot from taking place, another date will be arranged in agreement with the Client(s).
The Photographer cannot be held responsible for the lack of coverage caused by people not being ready on time.
The Photographer cannot guarantee any outcomes or guarantee the fulfilment of any specific requests for the Photo Shoot.
Due to the nature of outdoor shoots, natural lighting may impact the images and the Photographer cannot be held accountable. However, everything possible will be done to ensure the Client(s) get the maximum number of images as possible. - Liability
The Photographer cannot be held responsible for any personal accidents during a photographic shoot.
Waiver of liability: The Client(s) expressly releases the photographer from all claims, damages, and liabilities that may result from accidents or incidents that occur during the photo session. This waiver of liability includes waiver of any claim that may be a result of negligence. By making a deposit or full payment you are agreeing to this Waiver of liability along with the Photoshoot Terms & Conditions. - Privacy
Firstadekit Photography may use the images to promote and advertise the business including, but not limited to, magazines, social media channels, newsletters, flyers, and our website.
Firstadekit Photography will store The Client(s) names, addresses and session details on a private internal database. These details will not be made available to companies or individuals outside Firstadekit Photography. - Cooperation and conduct
The Client(s) and The Photographer consent to respectfully work with each other to achieve the best results within the understanding of this contract. If the Client is unable to control the conduct of their family members, customers or employees resulting in an unacceptable degree of misconduct, or if any equipment, decorations or fixtures and fittings are damaged, it will result in the early or immediate ending of the session. The Client understands that in such an event, no refunds will be granted and the client will be charged for any damage caused. - Complaints
Should you have a complaint following the delivery of your images, please email within 7 days of receiving your final images.
The Photographer and the Client(s) have read these Terms and Conditions, the above Waiver of Liability (section 12) and agree to abide by them. Receipt of any payment (deposit or otherwise) made by the client (or Client’s proxy/third party) to Firstadekit will confirm acceptance and agreement to all the above Terms and Conditions. - Breach of terms and conditions/contract.
Should you believe the photographer has breached terms and conditions/contract please first discuss this with the photographer to see how we can resolve the issue. If the photographer believes the client has breached terms and conditions or contract you will be contacted first to attempt to resolve the issue. If images have been used for purposes not originally agreed for (such as advertising or magazine spreads) you will be invoiced amounts owed for the correct photo session and photo usage rights.
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