Standard Terms & Conditions of Business and Gift Vouchers
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’
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.
TERMS AND CONDITIONS
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.
Payment and Prices
A non-refundable payment of the amount 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.
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 non-refundable 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.
Payment for prints/goods is to be made in full or via pre-sold gift voucher when they are ordered. The prices agreed for prints/goods on booking are guaranteed for 3 months after the issue of the gift voucher and thereafter may be subject to increase without notice.
All prices are subject to the then current rate of V.A.T. (if applicable).
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.
The Photographer may display any photographs included in this contract in his studio, 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.
All image sizes are nominal. The Photographer will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres. 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. 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. All print and presentation sizes quoted are approximate and subject to the discretion of the Photographer.
Retouching, digital manipulation and artist finishing is available to the Client as an optional extra. Prices are available upon request.
The Photographer shall be granted an artistic licence in relation to the poses photographed and the locations used. Although every effort will be made to comply with the Client’s requirements, the Photographer’s judgement regarding the location, poses and number of images taken shall be deemed correct. For bookings involving certain venues, the photographer’s movements are sometimes restricted by an official in charge or regulations in place. 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. Whilst the Photographer shall endeavour to fulfil all the Client’s requirements, he cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings, preventing the coverage of certain images requested.
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.
It is studio policy to take a £25 booking fee at the time of making a portrait booking. As portrait experiences are limited, this is to ensure fairness for all. The booking fee is refundable in full as long as 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. Portrait experiences are not confirmed until a booking fee has been paid.
Limitation of Liability
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance 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.
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. Cancellation less than 72 hours before the agreed session date will result in payments made (including the booking fee) or vouchers redeemed being forfeited.
Session bookings that are postponed to a later date will retain the booking fee as long as the photographer can re-schedule for the new date and time and that if applicable the rescheduled date and time fall within the 3 month period from the date of gift voucher issue.
Negatives / digital files remain the property of the Photographer. 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. Commercial usage is subject to an additional commercial usage fee, please ask for details.
In the rare event of purchased digital files being sent electronically, the act of the client downloading the images is the client agreeing that no further changes or alterations (including refunds) can be made to the order.
Any complaints should first be raised by the Client with the Photographer in writing within 21 days from the date of receipt of images. 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.
Specific Gift Voucher and Competition T&C’s (including ‘Wanted for Xperience Awards’ competitions)
Only one voucher/competition prize can be used per family/household within a 12 month period.
All prizes are non-transferrable.
The voucher must be used as described and cannot be exchanged for cash. No refunds are offered on part used or unused vouchers.
Vouchers/competition prizes cannot be used in conjunction with any other offers.
Vouchers/competition prizes are for new sessions only and cannot be used to purchase images from a previous session.
Please note that at Mark Hewitson Photography all images come fully finished and framed as one of our stunning wall or desk portraits. We do not ever sell digital images or loose prints.
Your portrait experience must be booked by the expiry date shown and taken no later than 2 weeks after expiry.
The voucher must be presented at the start of your portrait experience. Proof of purchase/photocopies are not accepted.
To claim any images included as a part of your voucher/prize you must attend the viewing experience. We will never choose an image for you.
A refundable booking fee of £25 is payable at the time of making your booking (refundable in full at your viewing as long as you attend your first scheduled portrait experience and first scheduled viewing appointment). At least 72 hours notice must be given to cancel/reschedule your appointment. Less than 72 hours will forfeit the booking fee.
The Xperience Awards are national portrait awards. One image from each portrait experience will be chosen to be put forward to the national competition. Judging for this competition takes place in November each year. The client of the image judged the national winner (by independent judges) will receive a framed Wall Art worth £500. As this 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.
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.
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.
The terms of this contract are deemed to have been accepted by undertaking a portrait experience with the photographer.