When booking a photoshoot, the customer automatically agrees with the terms below. These terms & conditions will be made aware at the time of booking.
For the purpose of these conditions ‘the client’ is any individual who has made a payment to Hedwig den Hartog Photography for a photoshoot, together with all attendees of the shoot the payment relates to ‘The photographer’ refers to Hedwig den Hartog, trading as ‘Hedwig den Hartog Photography’.
By making a payment to the photographer the client agrees to these Terms and Conditions. Unless otherwise agreed in writing, all services and goods provided to the client will be subject to the terms and conditions of this agreement. The photographer has the right to change information regarding rates and agreements at all times.
Deposits and Payment
Prices will be listed on www.hedwigdenhartog.com. Payment is made via bank transfer and is divided into a deposit and balance payment. A £100 deposit is payable to secure the client's slot. Deposits are non refundable and deducted from the final balance of the package. If for any reason the client or photographer wishes to reschedule the session, the deposit will be applied to the new date agreed by both parties.
Photos can be viewed within 14 days after the shoot, from a password protected gallery. From this gallery the client can select their favourite images and decide on the appropriate package. If the client wishes to receive extra images the difference is invoiced afterwards. The final balance is paid by the customer within 14 days after the invoice date. The client receives the photos within 48 hours after payment.
Due to the bespoke nature of photography, digital images are non refundable upon delivery of the online gallery.
All photographs will be shot in digital format. Photos will be delivered as high-resolution JPEG files in an online gallery. RAW files will not be provided. Requests for additional photographs or changes to images shall be made within 14 days following delivery of the online gallery. Be advised that RAW files may be destroyed 6 months after the shoot. The Client may download images from the online gallery for personal use only.
Cancellation & Rescheduling/Late Arrivals
The client reserves the right to cancel a photoshoot up until 14 days before the date of the photoshoot for a refund. This does not include the holding deposit. Cancelling a shoot within the 14 days of the shoot commencing, the photographer is entitled to 25% of the agreed fee, due to lost income. To cancel a contract, the client must send written notice via email to the photographer.
In case of bad weather (storm, thunderstorm or heavy rainfall), a photo shoot that would take place outside may be postponed by the photographer or client. This will be decided no later than the morning of the planned photoshoot.
The Photographer retains the right of discretion in selecting the photographic materials released to the client. The final post production and editing styles, effects, and overall look of the images are left to the discretion of the Photographer. The photographer has the right to refuse any requested edits to the images and will not release RAW files (unprocessed original photos).
The editing of the photos by the client is not permitted.
The copyright on the photos rests with the photographer. The photographer remains the owner of the photos at all times.
When booking a photo shoot, the client gives permission to use the photos taken for business and commercial purposes (such as social media, website, etc. of the photographer). If the client does not want to have a photo posted online, this must be announced when booking the shoot. The Photographer will never share photos without the Client’s knowledge and the Client always has the right to keep certain photos private. Photos are never transferred to another company without permission. Permission is also requested for publication in an (online) magazine. The photographer will under no circumstances disclose personal information such as email, telephone number, etc.
If the Photographer desires to make other commercial uses of the images to promote the commercial interests of any business other than the Photographer’s own business, the Photographer must not do so without first obtaining the written permission of the Client. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the Photographer.
Client understands and agrees that Photographer is not required to maintain copies of the photos from this photoshoot 6 months after the online gallery has been delivered to Client.
In consideration of the payment of monies due under this agreement, Photographer grants Client a perpetual non-exclusive license to print or to reproduce images downloaded from the photo gallery or delivered by the Photographer as follows:
1. Client may share the web or high res photos delivered by the Photographer on Client’s personal and business social media accounts, provided that in each such post Client must credit/tag Photographer.
2. This license does not permit Client to screenshot poor quality images, or edit or alter photos in any way, or to do any other act which would infringe Photographer’s moral rights.
3. Client may print web or high res photos delivered by the Photographer or downloaded from the photo gallery for their personal use, and:
a: must not sell, license, sub-license, transfer, or otherwise distribute the printed photos;
b: must not use the printed photos for advertising or commercial purposes; and
c: must not submit or enter the photos into any competition.
The photographer shall not be held accountable for any dispute, claim, damage or legal costs arising out of the clients use of the images.
The Photographer will not disclose to third parties or make use of information communicated by the client in confidence for the purposes of the photography session.
Failure to perform
It may happen that a photoshoot cannot take place due to force majeure (illness etc.). As a result, the photographer will not be able to meet the agreement. The photographer can give options to reschedule the shoot.
The photographer is not liable for physical or material damage caused during the photo shoot, unless there is gross negligence or intent on the part of the photographer.
Photographer and Client agree that the Photographer is under no obligation to capture any specific moment or pose or person(s) during the photoshoot. The Photographer is not responsible for compromised coverage due to causes beyond the control of the Photographer including but not limited to lateness of the Client, weather conditions, schedule complications, incorrect addresses provided to the Photographer, restrictions of the locations.
If Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, the Photographer will not be liable for any consequential loss arising from the non-delivery, and the liability of the Photographer to the Client should be limited to the repayment of amounts paid to the Photographer under this Agreement.
Client agrees to indemnify and hold Photographer harmless for any and all personal injury which may occur during the course of the photography session and the immediately surrounding Photographer (including any personal injury arising from or connected with any negligent act or omission on the part of Photographer).
Timeline and Schedule
Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the Photographer by the Client.
Pricing & Additional Products
Services not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward products or services purchased.
Client will have 14 days after gallery delivery to make Photographer aware of any issue, discrepancy, technical problem or any other complaint regarding photos, their quality and contents, or anything relating to session coverage. After this 14-day term has expired, Photographer will no longer be liable to Client for any corrections, damages, refunds, re-edits or re-shoots. Re-edits after this term may be made by Photographer if requested by Client but the hourly fee of £60 per hour for retouching will be billed with a minimum of one hour required.