Terms and Conditions
The individual who books the session and orders images or other products shall be referred to as the Client.
Payment of the session, or full fee, constitutes your acceptance of the below Terms and Conditions. No variation or modification of this contract shall be effective unless accepted by both Michaela Strivens Photography and the Client, in writing.
In the event of any conflict between these Terms and Conditions (including those relating to the time of payment) and those issued or submitted by the Client and in the absence of any contrary agreement in writing these Terms and Conditions shall prevail.
All prices are inclusive of VAT.
Additional charges may apply when significant travel is required or for large family groups.
Fees, re-scheduling and cancellations
The session fee for newborn and family sessions is required at the time of booking. The session fee does not include photography products such as digital images, prints, frames etc. Products can be purchased after the Client has viewed their images from a session.
For events such as birthday parties and christenings, where the Client has chosen an all inclusive package, part payment is required to secure the date and time of the photographic coverage. The remaining balance is due one week before the Event.
In the event that the Client needs to change the date or time of the session, the Client must contact Michaela Strivens Photography as soon as possible to re-schedule. A cancellation by the Client may result in loss of the Client’s session fee or booking deposit.
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. Special requests are not binding instructions although every effort is made to comply with the Client’s wishes.
The Client is responsible for all children at all times during sessions.
Ordering
Michaela Strivens Photography will deliver a secure online viewing gallery to the Client within four weeks of the photography session or event being photographed. The Client has seven days from receipt of the gallery to place a photo order for digital and printed photo products. If an order has not been placed in this time period, the viewing gallery will no longer be available and the Client may need to pay a fee to re-instate the gallery.
Prices are set out in Michaela Strivens Photography’s full price list which is available upon request. Prices are guaranteed for a period of ninety days from the photo session date and after that prices are subject to change without notice.
Lead times from receipt of the Client’s order and payment typically start at one day for digital downloads and up to ten weeks for some printed products. Digital images will be available via digital download from the client’s viewing and ordering gallery and printed products will be delivered to the address specified by the Client when ordering. Risk in the digital and printed products will pass to the Client upon delivery.
When ordering albums, the Client will receive a first design draft from Michaela Strivens Photography within two weeks of placing the order. Upon receipt of the first design draft, the Client must indicate any preferred changes within five days. The Client will receive two rounds of design changes free of charge. Any additional changes to the design or photos after that may incur additional charges. Should the client not approve the original design within thirty days of receiving the first design draft, the order will be sent to production as designed by Michaela Strivens Photography. While every effort is made to ensure all details, including spellings of names, are correct, should any designs with errors receive final approval from the Client, replacement will be at the Client's cost.
When ordering framed prints, the Client will receive a digital mockup from Michaela Strivens Photography within one week of placing the order. Upon receipt of the digital mockup, the Client must indicate any preferred changes within five days. Should the client not approve the original mockup within thirty days of receiving the first mockup, the order will be sent to production as designed by Michaela Strivens Photography.
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 their mind. This doesn’t affect the Client’s statutory rights.
Archiving
The Client’s images may be destroyed or archived at Michaela Strivens Photography’s discretion after the expiration of the applicable ordering period referred to in these Terms and Conditions. Subject to receipt of an order and payment, Michaela Strivens Photography will archive the Client’s photographs for a period of twelve months. At the Client’s request, Michaela Strivens Photography may agree to reinstate a Client’s online viewing gallery that has been archived but this may incur a nominal fee.
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 will affect the Client’s 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. It may not be possible to capture all the pictures requested, or images to the clients full expectations. In the event of unwilling subjects at a session of any kind, for any reason, Michaela Strivens Photography may not be able to capture any, or all the images the Client may have requested or expected.
Michaela Strivens Photography fully edits images before presenting to them to the Client and does not provide un-edited, RAW files. 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.
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 has been purchased. Without prior consent, the Client agrees not to use any photographs or digital images provided for any commercial purpose, edit, manipulate 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 and ordering gallery is an infringement of copyright and 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 my 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. The Client is under no obligation to allow images to be used for such purposes and consent can be withdrawn at any time.
Covid 19 policy
The safety of the Client is an absolute priority. Please view Michaela Strivens Photography's Covid-19 policy here.
Terms and Conditions updated October 2021.