TERMS AND CONDITIONS
1) APPLICABLE LAW
a) The laws of England and Wales shall govern this agreement. These Terms and Conditions shall not be varied except by agreement in writing.
b) In the event of any conflict between these terms and conditions (including those relating to the time of payment) and those issued or submitted by the Client and in the absence of any contrary agreement in writing these Terms and Conditions shall prevail.
2) SESSION FEE
a) A Session fee is required at time of booking, this secures your session. Your booking is not secure until your session fee and the photographer reserves the right to book anyone else in for the certain slot.
b) Session fees taken for sessions are non refundable except in the event of The Little Whispers Photography cancelling the booking. Except exceptional circumstances solely as a result of bereavement.
3) PRICE OF PRODUCTS
a) Our price list is accessible to the general public on the website. The Little Whispers Photography cannot be responsible for Client's failure to read price list prior to the session.
b) Pricing of products is subject to change at any time without notice.
4) FULLFILMENT OF OBLIGATIONS
a) The Little Whispers Photography 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. In the unlikely event of total photographic failure or cancellation of the contract by The Little Whispers Photography liability shall be limited to a full refund of all monies paid.
b) The Client understands and accepts that the photographic coverage will be as The Little Whispers Photography's professional expertise determines. Special requests are not binding instructions although every effort is made to comply with the Client’s wishes.
c) If Client fails to read the supplied messaged with preparatory information, and therefore fails to carry out required preparations prior to a session, The Little Whispers Photography will not be held responsible for any resulting reductions in quality or quantity of images supplied.
5) DIGITAL ORDERS
a) The CD or USB is a method of delivering the files to you and isn't intended as permanent storage. It is solely Client's responsibility to back up the images and make enough copies for the images to be stored safely. The Little Whispers Photography cannot be held responsible for loss of images due to failure to care for CD, USB and/or back up images.
b) The Little Whispers Photography can only guarantee that when the CD or USB leaves the studio it is in perfect working order and expect any technical issues to be addressed to The Little Whispers Photography within 48 hours. After this time The Little Whispers Photography cannot be held liable for complications with the CD or USB that may or may not be caused by Client's computer hardware.
c) The Little Whispers Photography cannot be held responsible for client printing their own images, cannot be held liable for images looking a different colour, crop etc.
6) ARTISTIC INPUT
a) The Little Whispers Photography 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 to 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 Little Whispers Photography 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.
b) Images are fully edited before presenting to Client. Additional edits requested by client after viewing their photos are carried out at the discretion of The Little Whispers Photography, and The Little Whispers Photography reserves the right to charge the Client £50 per image for additional editing to cover time involved.
7) COPYRIGHT AND REPRODUCTION
a) Copyright is retained by The Little Whispers Photography at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of The Little Whispers Photography. The Client may not alter or add to or manipulate a picture by any means or reproduce a picture in whole or in part as an element within, or as a montage with, another picture without The Little Whispers Photography's written permission. Permission to reproduce a picture for personal use (not commercial) is granted to the Client by The Little Whispers Photography only when digital images are purchased and paid in full by the Client to The Little Whispers Photography.
b) In the event of unauthorised reproduction (scanning of prints to reproduce images or printing images from the online gallery), the Client shall pay by way of liquidated damages to The Little Whispers Photography an unauthorised use fee of £100 per image, or double the standard reproduction fee for the use concerned, whichever is the greater.
8) USE OF PHOTOGRAPHS
a) The Little Whispers Photography retains the right in all cases to use any pictures for the purposes of displays, advertising, portfolio, publication or promotion, of its work.
b) The Little Whispers Photography reserves the right to use Client's images for advertising purposes on social media, however, Client will be asked whether images can be shared on social media at time of session. Upon Client's refusal for images to be used on social media sites, The Little Whispers Photography retains the right for use of images on displays in studio and/or publications and competitions, but images will no be shown as 'sneak peaks' on sites such as Facebook.
9) ONLINE GALLERY
a) Client will be invited back to the studio to view their ready photos amd online gallery will be available only with xmas mini sessions. They will stay live for client to make their order for 7 days. If client wishes to extend gallery time by a further 7 days, a £15 charge will incur.
b) All images in the online gallery are low resolution for viewing purposes only. Printing, saving or copying those images will incur an unauthorised use fee.
10) DELETED IMAGES
a) All non-purchased images are kept for 3 months. After that period they are deleted.
11) PHOTOGRAPHY AND VIDEOGRAPHY BY CLIENT
a) Cameras, mobile phone cameras and camcorders are not permitted during any session to take photos or video of the set up and/or the child on their own.
b) The Little Whispers Photography does not allows clients to take 'behind the scenes photos' of the photographer working. It may disrupt the photographer's work.
12) IF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE UNDER THE LAW, THE VALIDITY OF THIS AGREEMENT AS A WHOLE SHALL NOT BE AFFECTED, AND THE OTHER PROVISIONS OF THE AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.
GDPR – DATA PROTECTION RULING BY ICO FROM MAY 2018
There are rules and regulations that govern how companies use and retain your information, as a sole trader I am not exempt from those rules and would like to explain how I will use and store your information.
WHAT INFORMATION IS BEING COLLECTED
If you have sent me a web contact form submission asking for my availability and asking me about my services, I will be collecting and keeping your name/email/telephone number and the relevant information about your photo session.
HOW DO I USE YOUR DATA
When someone visits my website, I use a third party service, Pixiset, to collect standard internet log information and details of visitor behaviour patterns. This gives me information about the number of visitors to the various parts of my site and allows me to work out where I need to make improvements. I cannot identify or make any attempt to find out the identities of those visiting my website.
Once I have received your initial enquiry I will contact you via phone or email as requested by you, and then we will go from there. If you decide to use my services, I will store your data so that I can work professionally with you to organise your photo session .
If for any reason you decide not to use my services I will delete your details
WHO IS COLLECTING YOU DATA
Just me, via my web contact form submission, phone call, or email.
HOW IS IT COLLECTED
Via my website web contact form submission, phone or email.
If you book me for your photo session I will retain your information on spreadsheets on my personal (not shared) computer. (Devised and maintained by me, with no other third party involved) This information is also backed up onto my personal (non shared) computer and stored in the Cloud, for additional backup and security.
I will also ask you to sign a GDPR information retention document along with your contract and booking form.
WHY IS IT BEING COLLECTED
I need to retain some of your data to enable me to work with you up to your photo session date. I need to be able to contact you in the lead up to your photo session day as we work together. I am happy to explain all the steps I take in working with you and how and where your information is stored and used, at any time, so please feel free to check back if you have any questions at all.
HOW WILL IT BE USED
HOW WILL IT BE SHARED WITH
No one, unless you give me permission to share it.
WHAT WILL BE THE EFFECT OF THIS ON THE INDIVIDUAL CONCERNED
I hope the effect will be positive and allow us to keep in regular contact during our working relationship.
IS THERE INTENDED USE LIKELY TO COUSE INDIVIDUALS TO OBJECT OR COMPLAIN
I cannot think of a reason for objection or complaint if we are working together. It is best practice to maintain some form of system to record details for the duration of our working relationship.
If you send me a private or direct message via any of the social media platforms, I will store the message for three months. It will not be shared with any other organisations. Social Media that you use may well track your viewing history but please be assured they are not sending your details to me.
AFFIRMATIONS AND PERSONAL TESTIMONIALS
You’ll see affirmations and testimonials dotted throughout my facebook page from families who have used my services and have kindly written to me or written reviews on other sites which I manage (my Facebook, and Instagram) these are kind words from families who have used my services. If you are also kind enough to write to me I will be seeking YOUR permission to share your comments all over my social media and website, because it’s nice to be liked and appreciated, and to share the good feelings with others.