1 - Shoot Dates/Times
All shoot dates and times are subject to availability and are allocated on a first-come first served basis. To secure an available shoot date and time, The Photographer will require payment of the stated sitting fee from The Client at the time of booking the shoot. Also known as a deposit.
2 -Minors
Bookings for photography shoots must be made by persons aged of 18 or over. All subjects aged 17 or under must be accompanied and supervised at all times by a parent or legal guardian.
3 - Cancellation or Rescheduling of Shoots
3.1 - Diverse Images sessions, or any fixed cost discount packages that include additional products are payable at the time of booking. A booking is considered firm as from the date of payment. Accordingly the Photographer will, at his discretion, accept cancellations and issue a refund depending on the amount of notice received prior to the agreed date: More than 5 working days 50% refund. Cancellations with less than 5 days’ notice will not receive a refund. Gift Vouchers are valid for 12 months from the date of purchase and are non-refundable.
3.2 - On instances where The Client arrives late or fails to attend their shoot at the agreed time, the photographer reserves the right to shorten or cancel the shoot without the refunding of any fees paid. The rescheduling of such shoots will be subject to The Photographer’s standard fees.
3.3 - Shoots purchased through a voucher or promotion are non-refundable.
3.4- In the event of The Client cancelling or rescheduling their shoot, The Client agrees to pay in full all cancellation fees for any additional services they requested such as (but not limited to) hair/make-up artists, prop/location hire etc. contracted in for specifically their shoot.
4 - Creative Licence
4.1 - The Photographer shall be granted creative and artistic licence in relation to the choice of poses, lighting effects, artistic style, the number of photographs taken and the digital processing of the images. The Photographer shall endeavour to undertake any set-ups or poses requested by The Client, subject to time available and the willingness and cooperation of the subjects being photographed.
4.2 - The Photographer has the absolute right to select the images that will be shown to The Client at the viewing. All photographs rejected by The Photographer during the selection process will be permanently deleted and will not be available for The Client to view. The choice and number of photographs shown to The Client will be deemed as correct.
5- Conduct
At all times, The Client will be responsible for the safety and conduct of all persons in their party whilst on The Photographer’s premises or on location. The Photographer reserves the right to terminate his activities without the refunding of any fees if he deems the conduct of any person to be unruly, inappropriate or likely to cause harm to persons or damage to property. The Client agrees to pay in full for all loss (including consequential loss) and damage caused by anyone in their party.
6 - Placing an Order
6.1 - The Photographer requires payment in full from The Client on all orders placed. Orders will only be processed when payment has been made.
6.2 - Due to the customary nature of the products produced, orders cannot be cancelled, and all payments are non-refundable.
6.3 - The photographer reserves the right to charge a booking fee of £25.00 on all voucher shoots. This will be refunded in full once the client has attended the shoot and the viewing at the agreed times. Non-attendance at these times will result in the booking fee being retained and voucher benefits being cancelled.
7 - Sizes and Colour Matching
All sizes quoted by The Photographer are approximate and, due to the bespoke nature of the photographer's work, may not be compatible with standard print sizes. Due to the limitations of materials and printing processes, it is not possible to guarantee a perfect color match. The photographer will endeavor to provide the closest possible match, which will be deemed correct.
8 - Retention of Photographs and Products
8.1- The photographs shown to the client are retained on the website for 3 months; after this point, they will be placed into our archives, and a fee of £15 will be charged for retrieval. Your images will be stored for a further 3 months from the date of the shoot. After that time, the photographer reserves the right to permanently delete the photographs without notice and without refunding any fees paid. If the client does not view the photographs or make a purchase of prints or digital files within 6 weeks of their shoot, it will be assumed that the client has no requirement to view the photographs, and the photographer reserves the right to permanently delete the photographs without notice and without refunding any fees paid.
8.2 - If goods are not collected within 6 months of the order being placed, The Photographer reserves the right to dispose of any items without the refunding of any payments made. Any outstanding balances will remain due.
8.3 - If a viewing hasn't been booked, you will receive your images within 48 hours of your shoot via a downloadable link, if your images haven't been selected within 7 working days, Diverse Images reserve the right to place your images into archives and charge a fee for this.
9 - Public Display, Marketing and Promotion
The Photographer reserves the right to publicly display and use any of the photographs taken during The Client’s shoot for marketing, promotional, competitions, exhibitions, social media and editorial purposes. If The Client prefers not to have the photographs put on public display, they should inform Diverse Images in writing.
10 - Referrals
10.1 - To be eligible to receive a referral credit you must refer someone who books one of the above packages and pays in full.
10.2 - Referral credit payment will be made once the session is complete and paid in full.
10.3 - Payment will be made via PayPal
10.4 - Once the booking is paid in full, you will receive payment within 48 hours.
10.5 - You can refer as many people as you like! There is no cap on the amount of referral credit you can receive.
10.6 - If your referral books and cancels you will not receive credit. Please refer to Terms and Conditions 3.1
10.7 - Your referral will need to let us know at time of booking who referred them and supply the referee email address which should be linked to their PayPal account.
10.8 - The referral offer cannot be used in conjunction with any other offers
10.9 - In the event of an active offer, the offer will supersede the referral scheme
11 - Copyright and Ownership
11.1 - In accordance with the Copyright, Designs and Patents Act 1988, (https://www.legislation.gov.uk/ukpga/1988/48/contents) The Photographer owns the copyright on all the photographs taken. It is a criminal offence for The Client or for any other person to scan, copy, save, alter/manipulate, upload, download, reproduce or print the photographs in any way or by any other means.
11.2 - On instances where The Client purchases high resolution images in an electronic format, the copyright remains with The Photographer, but The Client is granted a licence to make unlimited reproductions of the purchased images for personal and non-commercial purposes. The Client is not permitted to sell on, charge for or allow the photographs to be used by a third party (including commercial organisations) without written permission of The Photographer. Reproduction fees may be applicable.
11.3 - Other licensing terms will apply for photographs taken specifically for commercial purposes
11.4 - All original negatives, transparencies and digital files remain the property of the Photographer.
11.5 - Event bookings per hour, images will be watermarked with our logo. This will be placed in a discreet location on the image to not take away from the image. For this to be removed we require a payment of £49.95 per booking.
12 - Right to a Credit
The Photographer asserts both his moral right to be identified as the author of his work and the right to a credit (where possible) is asserted in accordance with Sections 77 – 79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof. Please credit Diverse Images Photography.
13 - Errors, Omissions, and Complaints
Claims for damage, defects, non-delivery or shortages will not be considered unless notified in writing within seven days of delivery. The Client’s statutory rights are not affected.
14 - Force Majeure
In the event of photographic failure or due to any acts or events beyond The Photographers control, including (but not limited to) death, illness, act of God, breakdown, inclement weather, catastrophic loss of data or the failure to deliver goods and services provided by The Photographers suppliers or sub-contractors, The Photographers liability will be limited to the refund of any shoot fees paid.
15 - Liability
15.1 - The Photographer will take all reasonable steps to ensure equipment is in good working order, backup equipment is available where appropriate and that images are backed up in a responsible manner. In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract.
1452- Neither party shall be liable for indirect or consequential loss.
15.3 - Photographer & Agent shall not be liable to Commissioner for any loss of profit, loss of contracts, loss of business or revenues, loss of production or for any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Photographer, Agent, Photographer’s servants or otherwise) which arise out of or in connection with the shoot.
15.4 - While Diverse Images takes all reasonable care in the performance of this agreement generally, it shall not be liable for any loss or damage suffered by the Client of by any third party arising from use or reproduction of any picture or its caption;
15.5 - The Client agrees to indemnify Diverse Images in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by Diverse Images;
15.6 - It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Diverse Images gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any picture. In the event that the picture is issued or reproduced by or with the authority of the Client then the Client shall indemnify Diverse Images against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
15.7 - Expenses
The client will be liable to pay any additional expenses incurred by Diverse Images not already included within the contract price. This includes for example; access fees charged by some venues, parking costs and the dispatch of discs and other products to non-UK addresses.
16 - Invoice.
Photographer will issue an invoice to Client upon agreement of the Services (“Invoice”). Client agrees to pay all Fees outstanding on or prior to the due dates set out within the invoice. Any payment after the due date will incur a late fee of 15% per month on the outstanding balance. Client acknowledges that the final amount payable may be subject to change depending on the amount actual expenses incurred. Client confirms and agrees that the final calculations provided in the most recent Invoice, should they be different from the original invoice will be the final amount payable.
These Terms and Conditions are subject to change without prior notice.