Standard Terms & Conditions of Business, Gift Vouchers & Competitions/Giveaways

This page details the standard terms and conditions of business for Mark Hewitson Photography.

By booking a portrait experience with Mark Hewitson Photography you agree to these T&C’s.

This contract is between MARK HEWITSON PHOTOGRAPHY, registered with company number 10277788 in Milton Common, OX9 2NZ, hereafter known as the ‘Photographer’

AND

The person booking the session hereafter known as the ‘Client’.

This contract relates to the provision of photographic services in respect of a portrait session and the additional provision of prints of that session. As you are entering into a contract, we can only do so with persons aged 18 and over. If you are under 18 years of age we are unable to do business with you.

  1. General Terms and Conditions

1.1 These terms and conditions will be permanently linked to from the footer of the Mark Hewitson Photography website and are available to read both prior to and post making a booking.

1.2 It is agreed that the following terms and conditions set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.

1.3 Should you wish to amend or cancel your booking once you have read the following terms and conditions you have 72 hours from the point of making your booking in which to do so. After 72 hours it will be deemed that you have accepted these terms and conditions.

  1. Payment and Prices

2.1 A payment of the amount advertised and agreed in accompanying emails or website offers, secures the time and services of the Photographer for a booked session, or provides the client with a gift voucher to be redeemed within 90 days of the date of issue.

2.2 No attendance of the Photographer at a portrait session will occur until all fees due have been paid in full and cleared through the photographer’s bank account, or a voucher serial number has been verified. The payment is solely for the attendance, services and subsequent editing of the images and does not include any images to be supplied in any format unless stated otherwise.

2.3 Payment for prints/goods is to be made in full or via pre-sold gift voucher at the point of order. The prices agreed for prints/goods on booking are guaranteed for 3 months after the issue of the gift voucher or date of the portrait experience and thereafter may be subject to increase without notice.

2.4 Strictly NO refunds are permitted on voucher sales.

2.5 Due the nature of digital images, no refunds are permitted once images have been supplied in the form of a disc, USB or via electronic digital transfer.

2.6 Due to the bespoke nature of images supplied, no refunds are issued on supplied artwork. In the highly unlikely event of an issue, we will instead work with the client to resolve the issue, however, we do not issue refunds.

2.7 We always aim (supplier timescales permitting) for finished products to be ready for collection from the Mark Hewitson Photography studio 6 weeks after the viewing experience. Where our suppliers advise us of a delay, we will notify you of this.

2.8 Should there be a delay due to supplier issues Mark Hewitson Photography cannot be held responsible for any losses incurred or disappointment caused.

2.9 Finished products may be couriered to you for a minimum fee of £20 (subject to increase for large or heavy orders).

2.10 All prices are subject to the then current rate of V.A.T. (if applicable).

  1. Copyright

3.1 Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988. The Copyright and Design Act 1988 assigns the copyright of the images to the photographers. It is contrary to the Act, and therefore illegal, to copy or allow to be copied photographically/electronically or by any other means, an image created as part of this contract without the permission of the Photographer in writing.

3.2 Purchase of digital images will carry a license for unlimited reproduction for personal usage. You may not sell the images or enter them into competitions without the express written permission of the photographer. Permission for this may carry a fee, prices on request.

  1. Display

4.1 The Photographer may display any photographs created under in this contract in his studio, on his website, social networking sites, portfolio, literature, display areas, exhibitions, competitions, advertising or slide shows. Please advise in writing if you do not want your images used in this way.

  1. Images

5.1 All image sizes are nominal and due to production processes may vary by up to 1 inch from the size stated.

5.2 The Photographer will provide a pleasing colour balance but cannot guarantee an exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres.

5.3 It is sometimes impossible to record on film or digitally the exact colour as seen by the human eye. It is understood that some colours may not remain consistent throughout a set of photographs owing to variations in lighting conditions. It is also understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not be identical over the whole range of a subject.

5.4 The colour balance of prints made at different times or in varying sizes may also be variable. Due to the limitations of computer monitors, it is understood that images may appear differently according to the specification of each monitor and that prints will not match images rendered on any particular computer monitor.

  1. Retouching

6.1 Retouching, digital manipulation and artist finishing is available to the Client as an optional extra. Prices are available upon request.

  1. Licence

7.1 The Photographer shall be granted an artistic licence in relation to the poses photographed and the locations and props used.

7.2 Although every effort will be made to comply with the Client’s requirements, the Photographer’s judgement regarding the location, poses, props and number of images taken shall be deemed correct.

7.3 For bookings involving certain venues, the photographer’s movements are sometimes restricted by an official or regulations in place.

7.4 Photographing of parts or even all of a venue may be restricted or prohibited, as may the use of artificial lighting.  The Photographer cannot accept responsibility for limited coverage in such cases.

7.5 Whilst the Photographer shall endeavour to fulfil all the Client’s requirements, he cannot be held responsible for non-availability of subjects, locations, props or adverse conditions which may delay the progress of proceedings, preventing the taking of certain images requested.

  1. Attendance

8.1 In the unlikely event of the assigned Photographer being unable to attend a session booking due to unforeseen circumstances, we reserve the right to appoint another photographer to attend on our behalf to undertake the session photography to his/her best ability.

8.2 It is policy to take either a £25 booking fee or a session payment (amount variable dependent on the offer) at the time of making a portrait booking. As portrait experiences are limited, this is to ensure fairness for all.

8.3 Where taken, booking fees are refundable in full provided the first scheduled portrait experience and the first agreed viewing experience is attended. Failure to attend your first scheduled portrait experience or your first agreed viewing experience will forfeit the booking fee.

8.4 Redeeming a portrait experience gifted via gift voucher requires the payment of a £25 booking fee on the same terms as clause 8.3.

8.5 Where taken, session payments are non-refundable.

8.6 Portrait experiences are not confirmed until a booking fee or session payment has been paid.

8.7 At the time of booking, it will be made clear if you are making a refundable booking fee payment or a session payment. Please pay careful attention to the wording.

8.8 Portrait viewings only ever take place at the Mark Hewitson Photography studio premises. Images are never sent via email or shown via online meeting software or via any other means. You must attend your viewing experience to view your images.

  1. Limitation of Liability

9.1 In the unlikely event of a total photographic or equipment failure or in the event of cancellation of this 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 any indirect or consequential loss.

  1. Cancellation/Rescheduling

10.1 The Client may cancel this contract at any time by giving written notice to the Photographer, but in doing so shall forfeit any monies paid unless the cancellation has occurred within 72 hours of making a booking, as per clause 1.3.

10.2 Rescheduling less than 72 hours before the agreed session date will result in payments made (including the booking fees and session payments) or vouchers redeemed being forfeited.

10.3 Session bookings that are rescheduled more than 72 hours before the scheduled start time will retain the booking fee if the photographer can re-schedule for the new date and time and that if applicable the rescheduled date and time fall within the 90-day period from the date of gift voucher issue.

10.4 Should a booking be made and then cancelled at a later date for any reason and the session payment or booking fee is to then be refunded, that refund will be the total paid less the card processing fees that Mark Hewitson Photography has incurred.

10.5 All competitions and giveaways are for new clients only.

10.6 The photographer reserves the right to cancel, without notice, any experience booked as part of a giveaway or competition by a previous client. In the event of any such cancellation all booking fees and session payments paid, will be refunded in full.

  1. Negatives/Digital Files

11.1 Original negatives and digital files remain the property of the Photographer.

11.2 Edited digital files may be available for purchase at the rate set in the price list. When purchased the digital files will come with a license to print copies for personal usage as per clause 3.2

11.3 Any images supplied in an ‘App’ or slideshow do not carry a license to print.

11.4 Commercial usage is subject to an additional commercial usage fee, please ask for details

  1. Complaints

12.1 Any complaints should first be raised by the Client with the Photographer in writing within 21 days from the date of receipt of images.

12.2 In the unlikely event of a complaint being unresolved for 180 days from the date of receipt of the complaint, the Client may request the Society of Wedding and Portrait Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.

  1. Specific Gift Voucher and Competition Terms &Conditions’s

13.1 Only one voucher or competition prize or special offer can be used per family or household within a 12 month period.

13.2 You must be aged 18 or over to enter our competitions.

13.3 All prizes and offers are non-transferrable. You may only book a session for yourself.

13.4 If a session is booked by someone that is not the named prize winner we reserve the right to cancel that booking without notice. If a session is cancelled under this clause a full refund of the booking fee or session payment will be issued.

13.5 All parts of all prizes must be used as described and cannot be exchanged for cash.

13.6 No refunds are offered on part used or unused vouchers or prizes.

13.7 Vouchers / competition prizes / offers cannot be used in conjunction with any other offers.

13.8 Vouchers /competition prizes / offers are for new sessions only and cannot be used to purchase images from a previous session.

13.9 Please note that at Mark Hewitson Photography all images come fully finished and framed as one of our stunning wall or desk portraits. Digital images may be available to purchase in certain circumstances.

13.10 Your portrait experience must be booked by the expiry date shown and taken no later than 2 weeks after expiry unless agreed otherwise in writing from the photographer.

13.11 The voucher must be presented at the start of your portrait experience. Proof of purchase and photocopies of vouchers are not accepted.

13.12 To claim any images or other parts of a prize included as a part of your voucher / prize / offer you must attend the session & viewing experience. We will never choose an image for you.

13.13 Any included images will be supplied as stated and cannot be used as credit against or exchanged for other products.

13.14 The whole of this contract, including section 8 regarding booking fees are applicable to competition prizes.

13.15 Your portrait experience and viewing experience are both included as a part of your voucher / prize. Should you require a second viewing at a later date for any reason, a fee of £50 will be charged for this. This £50 will be refunded in full against any images purchased at that viewing, should you fail to purchase then the £50 is forfeited.

13.6 The Xperience Awards’ are national portrait awards. One image from each portrait experience will be chosen to be put forward to the national competition.

13.17 Judging for ‘The Xperience Awards’ competition takes place in November each year.

13.18 As ‘The Xperience Awards’ is a national award, Mark Hewitson Photography have no control over the winner or judging process other than to enter one image from each portrait experience for the awards.

14. Governing Law

14.1 This contract shall be governed by and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts as regards any claim or matter arising under this contract

14.2 The terms of this contract are deemed to have been accepted by way of making payment for a session / purchase of a gift voucher or payment of a booking fee. As per clause 1.3 you have 72 hours from making your booking to amend or cancel.

14.3 Where the time between booking and the start of a portrait experience is less than 72 hours, the terms of this contract are deemed to have been accepted by undertaking a portrait experience with the photographer.