Booking terms and conditions

1. Who you are contracting with

These terms apply to every photography session booked with Emma Danby Photography ("I", "me", "the photographer"), of [full trading address], contactable at [email address]. "You" means the person who makes the booking and who is responsible for payment.

By submitting a booking request and accepting these terms you enter into an agreement with me on the basis set out below. Please read them before you book, and ask if anything is unclear.

2. Booking and payment

• A booking request is not a confirmed booking. Your date is held only once I have confirmed availability in writing and the booking fee has been paid.
• The booking fee is [£25] and is deducted from the total price of your package. It is non-refundable except as set out in section 3.
• The balance is payable [before your gallery is released / within 7 days of the invoice date]. Galleries are not released until payment has cleared.
• Package prices are those published on this website on the date you book. Print and digital prices are those shown in your gallery at the time you order.
• Payment is accepted by [bank transfer / card via invoice]. I am not currently VAT registered, so no VAT is charged. [Amend if this changes.]

3. Changing or cancelling

If you cancel or move the date

• More than 14 days before the session: your date can be moved once at no charge, subject to availability. If you cancel outright, the booking fee is retained.
• Between 14 and 48 hours before: the booking fee is retained. If the session is moved, a further booking fee is payable.
• Less than 48 hours before, or if you do not attend: the full package price remains payable, because the slot can no longer be resold.

If I cancel

If I have to cancel for any reason other than those in section 4, you will be offered an alternative date or a full refund of everything you have paid, including the booking fee, whichever you prefer.

4. Weather and things outside our control

Sessions are outdoors. Light rain, wind and cloud are normal and are not grounds for cancellation. If in my reasonable judgement the weather would prevent a safe or worthwhile session (for example heavy or persistent rain, high winds, ice, or a weather warning), I will contact you to move the session to the next mutually convenient date at no charge.

Neither of us is responsible for failing to perform this agreement because of events outside our reasonable control, including severe weather, illness, bereavement, accident, travel disruption, or restrictions imposed by a landowner or public authority.

5. On the day

• Please arrive at the agreed time. Session length is measured from the agreed start time, so late arrival shortens the session rather than extending it.
• You remain responsible for the supervision, behaviour and safety of everyone in your group, including children and any animals, at all times.
• Some locations require permission or a permit. Where a location charges an access or permit fee, this is payable by you unless agreed otherwise in advance.
• I reserve the right to end a session without refund in the event of abusive, threatening or unsafe behaviour towards me or towards members of the public.

6. Your gallery and delivery

• Your private online gallery is delivered within [10] working days of the session unless agreed otherwise.
• The gallery remains available for a minimum of three months. I will give you reasonable notice before it closes. Extensions are usually possible on request.
• The number of finished images stated for each package is a guide based on typical sessions. The exact number varies with the length of the session, the number of people and how the day goes.
• Editing style is my own and is applied consistently across the gallery. Reasonable minor retouching is included. Substantial alterations, such as removing or adding a person, may be quoted separately.
• Unedited or "raw" files are not supplied under any circumstances. They are working files and are not representative of the finished work.

7. Prints, digitals and orders

• Digital images are supplied as high resolution files without a watermark, delivered through your gallery once payment has cleared.
• Prints and framed products are made to order by a professional laboratory. Postage is charged at cost and added at checkout.
• Because prints and digitals are made or personalised to your order, the usual 14 day right to cancel under the Consumer Contracts Regulations 2013 does not apply once production has begun. This does not affect your legal rights if goods are faulty, damaged or not as described.
• If a print arrives damaged or defective, tell me within 14 days of delivery with a photograph of the problem and it will be replaced free of charge.
• Colours vary between screens. Prints are produced to a calibrated professional standard and small variation from your screen is not a defect.

8. Copyright and how you may use the images

Copyright in every photograph remains with Emma Danby Photography at all times, under the Copyright, Designs and Patents Act 1988. Buying a digital image or a print does not transfer copyright.

What you may do with digital images you have purchased:

• Print them, as many times as you like, anywhere you like, for your own personal use.
• Share them with family and friends, and post them on your own personal social media.
• Use them as profile pictures and in personal gifts such as albums, cards and calendars.

What you may not do:

• Sell them, license them, or use them for any commercial or promotional purpose, including a business page or a sponsored post, without my written permission.
• Enter them into competitions, or submit them to publications, without my written permission.
• Apply filters, crops or edits and then publish them, since the published result still carries my name.
• Remove or alter any credit or metadata attached to the file.

A credit to Emma Danby Photography when sharing online is always appreciated and never required.

9. Permission to use images

I would like to use images from your session in my portfolio, on this website, and on social media. This is entirely optional and is a separate tick box on the booking form. Your booking, your price and your images are exactly the same whether you agree or not.

If you do agree, you can change your mind at any time. Email me and I will remove the images from anything within my control as soon as reasonably possible. Material already printed, already published by a third party, or already shared onwards by others may not be recoverable.

10. Children

• A parent or legal guardian must be present throughout any session involving a person under 18. I will not photograph a child who is not accompanied.
• Delivery of images of children is made only to the parent or guardian who made the booking.
• Portfolio, website and social media use of any image in which a child is identifiable requires a signed parental consent and model release form, which I will provide separately.
• Consent for a child can be withdrawn at any time by the parent or guardian, without giving a reason, on the same basis as section 9.

11. If something goes wrong

I take reasonable care of your images, including backing up every session to more than one location until the gallery closes. In the unlikely event that images are lost or damaged through equipment failure, data loss or any other cause, my liability is limited to a refund of the fees you have paid, or a repeat session, whichever you prefer.

Nothing in these terms limits my liability for death or personal injury caused by negligence, for fraud, or for anything else which cannot lawfully be limited. Your statutory rights as a consumer are not affected.

I hold public liability insurance. [Confirm insurer and level of cover, or delete this sentence.]

12. Complaints and general

If you are unhappy with any part of your experience, please contact me directly at [email address] and I will do my best to put it right.

These terms are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction. I may update these terms from time to time; the version that applies to your booking is the version published on the date you booked.