Terms & Conditions
In the following terms & conditions “the photographer” shall mean Eva Kahan trading as Eva Kahan Photography. “The client(s)” shall be those persons defined in the booking form. It is mutually agreed that the following terms of agreement form an integral part of this contract and cannot be varied in any way by the client(s) unless such conditions are expressly agreed by the photographer in writing. By booking with the photographer you agree to the below Terms and Conditions
- Booking Fee:
1.1 Full payment of the photo session fee is required in advance. I prefer payment by bank transfer and will provide details on my photo session invoice.
2.1 Payment for all extra items ordered must be made at the time of ordering. Prices for prints, digital images, mounts and framing options are available upon request.
3.1 All charges and additional goods specified on the booking form are supplied at the prices ruling on the date of booking. Goods not specified on the booking form are supplied at the prices ruling at the time of receipt of the order.
4.1 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 etc
- License, Coverage and Reproduction:
5.1 Photographs taken during the course of the session/event will be at the discretion of the photographer although every effort will be made to comply with the client’s requirements.
5.2 The photographer shall be granted artistic license in relation to the poses photographed and the locations used. The photographer’s judgement regarding these matters shall be deemed correct.
5.3 When attending events, the photographer shall endeavour to photograph all individuals as requested by the client(s) at some point, but no responsibility will be taken by the photographer on the occasion of leaving somebody out.
5.4 At certain venues, the photographer’s movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the event may not be the photographer’s choice and the photographer cannot accept responsibility for any obstructed view should this be the case.
5.5 On location or events due to a variety of uncontrolled lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs.
5.6 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.
- Prints, reprints and enlargements.
6.1 I offer an array of print and enlargements sizes all with different aspect ratios. However, on some of the enlargements sizes I offer, image cropping may/will occur. Please ask advice before ordering enlargements.
- Postage & Packaging:
7.1 The post & packing charges will be advised at the time of booking.
8. Creative Licence:
8.1 Eva Kahan Photography shall be granted creative and artistic licence in relation to the choice of locations and poses used. Eva Kahan Photography’s judgement on photographic style and the number of photographs taken shall be deemed correct. Some photographs may not be possible due to changes in the weather and the availability and willingness of subjects. Eva Kahan Photography will do her best to honour requested photographs but does not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement.
9.1 The 1998 Copyright, Designs, and Patents Act assigns copyright to Eva Kahan Photography unless at the time of booking a release is negotiated. By purchasing images in either print or digitally you are purchasing the right to the image, not the copyright and therefore have no rights to reproduce the image in or on any medium without prior written agreement. You may not copy the photographs taken under this contract, or allow copies to be made photographically, electronically, or by any other means unless agreed in writing by Eva Kahan Photography.
10.1 All digital negatives (computer files) remain the property of the photographer. On occasion, the photographer may supply a copy of the edited digital negatives to the client(s) for their own non-commercial use.
- Force Majeure:
11.1 In the unlikely event of total photographic failure, injury or sickness beyond Eva Kahan Photography’s control, their liability shall be limited to a full refund of all monies paid. Your statutory rights are not affected. Eva Kahan Photography has full Public Liability Insurance.
12.1 If Eva Kahan Photography has to cancel the appointment for reasons beyond their control (death, injury, sickness, etc.), their liability shall be limited to a full refund of all monies paid. If the Client cancels the appointment an unconditional refund policy exists up until 7 days prior to the reserved slot at which point the full Photo Session Fee will be retained by Eva Kahan Photography.
13.1 Should the cancelled appointment turn out to be a postponement, then, subject to Eva Kahan Photography’s availability, all monies paid may be applied to the new appointment. In this case, the total fees chargeable shall be the fee which applies at that time. In the event that Eva Kahan Photography take another appointment for your cancelled or postponed date, a full unconditional refund of your deposit and monies paid shall be made. If following cancellation by the client, a new date cannot be agreed by both parties, the full booking fee will be retained by Eva Kahan Photography.
- Postponement due to adverse weather:
14.1 If the appointment has to be cancelled by Eva Kahan Photography due to adverse weather conditions a new, mutually agreed appointment will be made.
15. Personal Accident:
15.1 Any directions issued to clients, their pets, guests or employees during a photographic shoot/event are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
- Complaints Procedure:
16.1 Please contact me either via the contact section of my web site or by telephone. I will always do my very best to address any issues you may have within five working days.