In the following terms & conditions “the photographer” shall mean Victoria Theaker trading as Victoria Nixon Photography. “The client(s)” shall be those persons defined as the family booking for the session.
A session fee is required in advance as the booking fee as well as full acceptance of any terms and conditions sent to you prior to the photo shoot. This secures the time and services of the Photographer for the date agreed and is nonrefundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation.
The Client may cancel this contract at any time by giving written notice to The Photographer but in doing so shall forfeit any monies paid. If the client needs to change the date of a photo shoot once agreed then any new date will be subject to
the Photographer’s availability. I shall use reasonable endeavours to arrange an alternative date for your photo shoot – however a new date will constitute a new booking and will be subject to a new booking fee. If the photoshoot is outdoors and bad weather is forecast on the date of the photoshoot the Photographer will use their discretion to make a decision on the day as to whether it is likely to impact the
shoot or not. Light drizzle, for example, may not warrant rescheduling.
This contract entitles the client to a gallery of digital images, the number of which is specified in the details of the package they have selected from the website at the time the agreement is made. The Photographer will select the images to edit from the session. The photographer’s judgement regarding which images to edit shall be deemed correct. Images will be adjusted for exposure, brightness, contrast, sharpness, etc and will retouch the image in line with the style seen in the latest images seen by the Client on their website and social media applications.
Prints / Reorders
Package prices may or may not include prints. Anything additional to what is specified at the time of booking can be purchased separately from the a la carte price list.
Copyright and Use of images
The copyright Designs and Patents Acts assign the copyright of the images to the photographer. The copyright and all other rights in the Photos shall be retained by Victoria Theaker, trading as Victoria Nixon Photography (the “Photographer”). The Photographer asserts the right to be credited as the author of the Photos in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988. Any
unauthorised reproduction of any Photos will constitute a breach of copyright.
The photographer gives the client print release for the digital images purchased as part of this contract. 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, social media, sample
albums, leaflets, brochures, postcards, galleries and competitions). etc.
Force Majeure or Act of God
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control. 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.
In the unlikely event of the Photographer being unable to attend the photo shoot due to unforeseen circumstances, they reserve the right to cancel the session and refund your booking fee in full.
Our entire liability for any breach of this Agreement or any representation, act or omission (including negligence) shall be limited to our fee in relation to the Photo Services and we shall not be responsible for any special, indirect or consequential or pure economic loss, costs, damages, charges or expenses. The limitation on liability shall also apply in the event that Photos are lost through equipment malfunction,
are lost in the mail or otherwise lost or damaged where the Photographer is not liable.