TERMS AND CONDITIONS

1. DEFINITIONS

The contract is made between the Photographer and the Client. “Photographs” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material. “Fees” and “expenses” shall mean such fees and expenses as agreed between the Photographer and Client when the Photographs are commissioned. 

2. COPYRIGHT

The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.

3. PERSONAL DATA

Please see Andisheh’s Privacy Policy page for full details. Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). It does include photographs Andisheh Thomson Photography takes. We may collect, use, store and transfer different kinds of personal data about you. Please see Andisheh’s Privacy Policy page for full list. This includes,

  • Identity Data includes first name, last name, marital status, title, children’s names, children’s ages, date of birth of children, details of children’s birth.
  • Contact Data includes address, delivery address, email address and telephone numbers
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
  • Photographic Data includes photographs taken of you, your family, your friends, your pets, your home and any processing and storing of the images.

IF YOU FAIL TO PROVIDE PERSONAL DATA

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with photography). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you. Please see Andisheh’s Privacy Policy page for further details. These includes direct interactions with Andisheh (including photographs taken), automated technologies or interactions and third parties or publicly available sources.

HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to. Please see Andisheh’s Privacy Policy page for further details. The Photographer retains the right to use any Photographs for the purposes of advertising or promotion of her work upon explicit permission from the Client, whether by email, online form or through paper consent. The exact nature of the use of the personal data (e.g. photographs) will be provided for consent before use.

Upon payment in full of all relevant Fees and Expenses, the Client shall be granted permission to make personal (not commercial) use of any Photographs, in print or digital media, including reproduction and printing, without time limit.

 

4. PAYMENT

Payment of all Fees and Expenses by the Client will be expected for the commissioned work within 7 days of the photography session. If the invoice is not paid, in full, within 7 days, The Photographer reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made. The Photographer also reserves the right to withhold photographs until full payment is received. Upon payment in full of all relevant Fees and Expenses, the Client shall be granted permission to make personal (not commercial) use of any Photographs, in print or digital media, including reproduction and printing, without time limit.

5. FULFILMENT OF OBLIGATIONS

The Photographer 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, inclement weather, illness or injury. The Client understands and accepts that the photographic coverage will be as the Photographer’s professional expertise determines. Special requests are not binding instructions although every effort is made to comply with the Client’s wishes. In the unlikely event of total photographic failure or cancellation of the contract by the Photographer liability shall be limited to a full refund of all monies paid.

6. ARTISTIC INPUT

The Photographer shall be entitled to use its judgement regarding the style and artistic input in the production of pictures. This includes but is not limited to poses, props and number of images taken. Due the willingness of subjects it may not be possible to capture all the pictures requested, or images to the client’s full expectations. In the event of uncooperative children at a session of any kind, for any reason, the Photographer 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 sessions. Images are fully edited before presenting to Client. Additional edits are carried out at the discretion of the Photographer, and the Photographer reserves the right to charge the Client for additional editing to cover time involved.

7. REJECTION

Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.

8. CANCELLATION & POSTPONEMENT

A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at her discretion, charge a fee for cancellation or postponement.

9. APPLICABLE LAW

This agreement shall be governed by the laws of England & Wales. 

10. VARIATION

These Terms and Conditions shall not be varied except by agreement in writing.