Terms & Conditions of Booking
Session Fee
1.1 If a deposit has been paid then this is non-refundable in any circumstance unless clause 2.5 applies. The deposit secures the booking for the client.
1.2 The session fee covers the time for the session by Helene Simpson Photography.
For Newborn, maternity and cake smash sessions, packages for images are minimum spend. These are in addition to the session fee.
For mini sessions, quoted at £49, 1 digital image is included in the fee, additional digital images are £25 each.
It is not my policy to release unedited photos.
1.3 No images, products or other items are included in the session unless clause 9.4 applies.
1.4 The session fee which acts as a deposit is required within 24 hours of the booking. The session will be reserved for 24 hours, after which time it may be offered to someone else if no payment has been made.
1.5 Payment is to be made via cash, payment link or bank transfer.
Cancellation
2.1 If the client cancels the appointment for any reason within 48 hours, the session fee will be non-refundable. If the client wishes to book another session, a new session fee / deposit will be required.
2.2 Due to unforeseen circumstances, the session may be required to be moved by Helene Simpson Photography.
2.3 If the client requires the booking to be moved, with more than 48 hours notice, Helene Simpson Photography will offer alternative dates available.
2.4 If Helene Simpson Photography require the booking to be moved due to reasons other than clause 2.3, alternative dates will be offered. If the client cannot attend the sessions then booking will be cancelled and clause 1.1 will apply.
2.5 If Helene Simpson Photography fail to appear for the session without giving prior notice, then a full refund will be given to the client.
2.6 If your child is ill, please let Helene Simpson Photography know as soon as possible.
2.7 If you fail to notify Helene Simpson Photography that your child(ren) is ill then we reserve the right to cancel the session and clause 1.1 will apply.
During the session
3.1 The session will be carried out at our studio in Eastbourne.
3.2 Animals are not allowed in the studio unless via prior arrangement.
3.4 We only have space for a maximum of 2 adults in the studio. Helene Simpson Photography must be made aware of additional guests of any age, in advance.
3.5 Please discuss any requirements prior to the session. If you have an idea of certain types of images required please let Helene Simpson Photography know prior to the session.
3.6 The photographer will position the baby/child in the most suitable position ensuring safety and comfort at all times.
3.7 The photographer will use best judgement and experience to ensure that all the photographs are of the highest quality.
3.8 If you are unhappy at any time during the session, please let the photographer know as soon as possible so that any issues can be discussed and resolved.
3.9 All necessary steps will be taken to produce high quality images but in the unfortunate event where the child/children will not settle or refuse to participate, Helene Simpson Photography will not be held responsible should the amount of images be taken be reduced.
3.10 No refund will be offered in the circumstance detailed in 3.9, however, Helene Simpson Photography may be able to offer to reshoot the session at a later date but this is not guaranteed.
3.11 Mobile phones are permitted in the studio but the camera must not be used under any circumstances.
3.12 No photography, including video, of any type must be conducted by clients within the studio.
3.13 If a client is found to have taken photos or videos within the studio either at the time of the session or after, then all photos taken by Helene Simpson Photography will be deleted and the session fee forfeited.
3.14 Clients are responsible for their personal belongings at all times and Helene Simpson Photography takes no responsibility for any loss or damage to such items.
After the session
4.1 After the session is completed, all the images will be uploaded to a secure computer. Any images which fall below the standard expected (such as where the flash failed to go off) will be deleted securely.
4.2 Post production editing will only commence once the package price has been paid. This is due on the day of the session. Failure to make payment for your chosen package on the day of your session will incur a 10% late fee. If payment is not received within 7 days of your session date, all images will be permanently deleted. Package prices apply to Maternity, Newborn and Cake Smash, Enchanted Garden Sessions, and bespoke sessions by agreement.
4.3 Images will be available to view within approx 21 working days of the session and will only be supplied to the telephone number or email address given at the time of the booking.
4.4 There is no minimum quantity of images for the preview. The quantity of images will be dependent on the session.
4.5 Images will be sized to the most complimentary i.e., square, 6×4 or 8×10 (inches) unless specifically requested by the client before editing takes place. After images have been released to the client, if the client wishes for the images to be sized differently this will incur a further editing cost to the client.
Image Preview
5.1 Images will be able to be previewed at the clients desire, but please note clause 5.2 and 5.3.
5.2 After 7 days of receiving your watermarked images, if no selection is made and paid for, your images will be deleted.
5.3 After your selection has been made, your photos will be archived for a period of 3 months. During the storage period, the images will be available to view at the request of the client. Any request can take up to 7 days to locate and retrieve the images.
5.4 Any additional purchases made from archived images will be charged at the current rate at the time of unarchiving.
5.5 Any promotions given at the time of the session will be voided if an unarchive request is made.
5.6 After 3 months, the photos may be deleted securely.
5.7. No images are to be used for any purpose including social media unless they are share from Helene Simpson Photography’s page and contain a logo, until you have purchased the right to do so.
5.8 Editing of images follows that seen across published galleries showing examples of Helene Simpson Photography work.
5.9 Basic editing included in your session fee includes correction of background, removal of flakey skin and redness in newborns if required.
5.10 Any additional editing requested by the client will incur an additional fee, which will be quoted to reflect the request and time taken to fulfil the request.
Copyright
6.1 Helene Simpson Photography retains all copyright to the images taken and hereby grants the client unlimited but non-exclusive rights to use or re-produce the photographs (digital or prints) for which the client has ordered and paid for (payment must be complete and cleared). Helene Simpson Photography reserves the right to use any photographs in any form such as, but not limited to, advertising, marketing and reproduction.
6.2 Should the client wish that their childs images are not used as stated in 6.1, written request must be made within 7 days of the session.
6.3 Should no request be given then it is presumed that authority has been given to use the images as required by Helene Simpson Photography.
6.4 No exceptions to the ownership of the copyright will be granted in any circumstances.
6.5 Copying, scanning or screen printing of any images prior to purchase is strictly forbidden. Any client found to have copied, scanned or screen printed (including ‘screen shot’ on smart phones or tables) will be invoiced for the cost of photo or the minimum order value, whichever is highest.
Ordering
7.1 Standard editing: This consists of smoothing and adjusting light level, background correction and removal or flaky skin and redness in newborns if requested.
7.2 Advanced editing: Removal of hands, face swap, merging of images to achieve one image and major changes to images.
7.3 Standard editing will be available at no additional charge to the client at the photographer’s judgement.
7.4 Advanced editing will be carried out where requested by the client but this may incur an additional charge. Any charges will be discussed with the client prior to completion.
7.5 Photos will not be released until any additional charges have been paid for in full.
7.6 Any editing requests will be considered but final editing decisions will be with the photographer.
7.7 Advanced editing can take up to 28 days to complete.
7.8 Any physical product ordered will be delivered within 28 working days from date of payment completed. This time may be extended dependant on time of the year.
7.9 If the client orders digital images only, they may have them printed at a location of their choice.
7.10 Helene Simpson Photography cannot be held responsible for the quality of the product when ordered from a third party direct by the client.
7.11 No additional editing by the client or by a third party instructed by the client is permitted on any image supplied by Helene Simpson Photography.
Digital Images
8.1 Digital images are non-refundable under any circumstances.
8.2 It is recommended that a laptop or desktop PC is used to download the images. Some handheld devices (smart phones and tables) may not support the downloading of digital images supplied by Helene Simpson Photography. Helene Simpson Photography will not be held responsible if your device does not support the downloads.
Promotions
9.1 From time to time Helene Simpson Photography will offer promotions on sessions and/or products. Full details of the current promotion will be available on request.
9.2 Products may be included in the promotion and will only be available for the duration of the promotion.
9.3 Promotions are non-refundable and non-exchangeable.
9.4 If products are offered, these will be detailed in the promotion or offer.
Vouchers
10.1 Helene Simpson Photography can create vouchers to be given to family or friends. Each voucher is given a unique reference code to prevent against fraud.
10.2 The voucher will be valid from the date of cleared payment and will be valid for 1 year unless by prior arrangement
10.3 A name for the voucher will be required and no voucher will be issued without a name.
10.4 The voucher can either be emailed or posted to the client.
Additional Model Release
I am the parent or guardian of the child named below and I have the legal authority to execute this release on behalf of the child.
In consideration of the child’s engagement as a model, I give Helene Simpson Photography and its employees, heirs or agents the irrevocable, perpetual, and unrestricted right to take and use photographs of the child named below taken by the Photographer (the “Photographs”) in all forms, media and manners, in conjunction with the child’s or a fictitious name, for advertising, trade, promotion, exhibition, or any other lawful purposes.
I waive any right to review or approve the Photographs, the use of the Photographs, or the matter that may be used in conjunction with the Photographs now and in the future, regardless of whether that use or matter is known to me.
I waive any right to royalties or other compensation arising from or related to the use of the Photographs. I release, discharge, and agree to hold harmless the Photographer and its employees, heirs or agents and assign from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking, processing, or publication of the Photographs.
This release shall be binding upon me, my heirs, agents and legal representatives.
I also understand that Helene Simpson Photography is not responsible for any expense or liability incurred as a result of my participation in this photography, including any issues incurred as a result.
I represent that I am at least 18 years of age, have read and understand the foregoing statement, and am competent to execute this agreement.