Gift Certificate Terms and Conditions
General terms for gift certificates
Gift certificates are not-transferable and not redeemable for cash.
Gift certificates are for one session only and may not be used for sessions that have already been booked or toward products purchased after those sessions.
Should a recipient wish to purchase further photo products over and above the value of their gift certificate, these will be charged for at normal prices.
The gift certificate is for the recipient and the recipient’s immediate family only and can not be used for extended family sessions or sessions including more than six individuals.
The recipient must contact Michaela Strivens Photography and book in a session to take place by the date indicated on the gift certificate, unless otherwise agreed with Michaela Strivens Photography.
Re-scheduling and cancellations
The photography session is to be held at the recipient's home or nearby location and can be rescheduled up to one time due to illness.
In the event that the Client needs to change the date or time of the session already booked, the Client must contact Michaela Strivens Photography as soon as possible to re-schedule the session.
Fulfilment of obligations
Michaela Strivens Photography shall not be liable to the Client for any failure, in whole or in part, to fulfil its obligations where failure arises as a result of an event or circumstances beyond its control, which may include (but are not limited to) equipment failure.
In the unlikely event of total photographic failure or cancellation of the contract by either party or in any other circumstances the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential losses.
The Client understands and accepts that the photographic coverage will be as Michaela Strivens Photography’s professional expertise determines.
product fulfilment
Michaela Strivens Photography will deliver a secure online viewing gallery to the Client within three weeks of the session taking place.
The products the Client receives will depend on the value of the certificate purchased. Prices are guaranteed for a period of 90 days from the photo session date and after that prices are subject to change on notice.
Lead times from receipt of the Client’s order and payment typically start at two days for digital downloads and up to six weeks for some printed products. Digital images will be delivered via a download link to the email address specified by the Client and printed products will be delivered to the delivery address specified by the Client when ordering. Risk in the digital and printed products will pass to the Client upon delivery.
Digital collections and printed products are personalised for the Client so the Client does not have any right to cancel their order and Michaela Strivens Photography is unable to refund or offer an exchange if the Client changes his/her mind. This doesn’t affect the Client's statutory rights.
All prices are inclusive of VAT.
Archiving
The Client’s images may be destroyed or archived at Michaela Strivens Photography’s discretion after a period of 12 months from the session date.
Any orders placed once the Client’s photographs have been archived may incur a retrieval fee, in addition to the cost of the order.
At the Client’s request, Michaela Strivens Photography may agree to reinstate a Client’s online viewing gallery that has been archived, or extend the viewing period.
Faulty or defective products
Michaela Strivens Photography is under a legal duty to supply digital collections and printed products that are in conformity with these Terms and Conditions. The Client should check their delivered digital collections and printed products and advise Michaela Strivens Photography in writing of any defects or errors as soon as possible. Nothing in these Terms and Conditions will affect your legal rights.
Artistic input
Michaela Strivens Photography shall be entitled to use its judgment regarding the style and artistic input in the production of images. Due to the vagaries of weather and the willingness of subjects it may not be possible to capture all the photographs requested, or images to the clients full expectations. The Client is responsible for all children at all times during sessions.
Michaela Strivens Photography fully edits all images before presenting to the Client. Additional edits are carried out at the discretion of Michaela Strivens Photography, and Michaela Strivens Photography reserves the right to charge the Client for additional editing to cover time involved. Michaela Strivens Photography will in no circumstances provide RAW image files.
Copyright and reproduction
The 1998 Copyright, Designs, and Patents Act assigns copyright to Michaela Strivens Photography. Copyright is retained by Michaela Strivens Photography at all times throughout the world, in perpetuity, and for all forms of media now and yet to be created.
The Client is entitled to create artwork such as prints etc using the digital image for the Client's own personal use and will own the medium on which the digital image is printed only after the image/s have been purchased. Without prior consent, the Client agrees not to use any photographs or digital images provided for any commercial purpose, or crop, resize, edit, manipulate, add filters or otherwise alter any photograph or digital image provided.
Screen shots, scanning or other reproduction of proof images presented to the Client via the online viewing gallery is an infringement of copyright and is strictly prohibited.
The Client will fully indemnify Michaela Strivens Photography against any unauthorised reproduction of a picture submitted to the Client made by any third party as a result of or arising out of any breach by the Client of any of these Terms and Conditions (including but not by way of limitation the Client allowing a picture or a copy thereof to come into the possession of a third party without Michaela Strivens Photography's prior written consent).
Privacy policy
Data protection and privacy are a high priority for Michaela Strivens Photography. You can view Michaela Strivens Photography's full Privacy Policy here.
Michaela Strivens Photography may wish to display some images from the Client's session to promote Michaela Strivens Photography via it's company website, social media forums or printed material such as brochures, flyers and stationery. No names will be used in such promotions. The Client is under no obligation to allow images to be used for such purposes and consent can be withdrawn at any time.