The individual who books the session and orders images or other products shall be referred to as the Client.
Payment of the session 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.
Session fee, deposits, re-scheduling and cancellations
A session fee of £50.00 for a family or newborn session including no more than five family members is required at the time of booking. An additional charge of £5.00 per adult or child will apply for a family or newborn session including more than five individuals. For events, such as christenings, a fee of £50.00 is required at the time of booking with the remaining £230.00 due no later than ten days after the Client has received their online viewing gallery of images.
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 the session. A cancellation by the Client will result in loss of the Client’s session fee.
If for any reason, including illness or poor weather, Michaela Strivens Photography chooses to cancel the session, the Client will be contacted as soon as possible to re-schedule. Should the Client decide not to reschedule, the session fee will be fully refunded to the Client.
The Client will make their selection and payment of photography products within ten days of receiving their online viewing gallery. Photography products will not be delivered to the Client until the full payment has been received.
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.
Michaela Strivens Photography will deliver a secure online viewing gallery to the Client within three weeks of the session date.
Michaela Strivens Photography shall be entitled to use its judgment regarding the style and artistic input in the production of images. This includes but is not limited to locations, poses and number of images taken. Due to the vagaries of weather and the willingness of subjects 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. 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. Any additional edit requests by the Client must be raised at the viewing stage. Requests not raised at the viewing stage will not be considered once products have been paid for and delivered.
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, canvases 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 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 unauthorized 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).
With the Client's consent, 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.
All complaints should be raised with Michaela Strivens Photography directly in writing within 14 days of the occurrence which gives rise to the complaint. Michaela Strivens Photography will consider the complaint and shall provide a response within 14 days of receipt of the complaint.