Standard Photography Terms
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING ANY SERVICES
By proceeding with a booking and making a payment, you confirm that you have read, understood, and agreed to be bound by the policies and terms outlined on this page. These terms form a binding agreement between you and Shot By Andrew upon purchase. The details of the service you receive—such as the number of final images, outfit changes, and session duration—are determined solely by the package you select (e.g. Silver, Gold, or any other offering). Please ensure you fully understand what is included in the package you are purchasing, as all bookings are subject to these standard terms and conditions.
1. Photography Services and Product:
a. By purchasing a photography service or package from Shot By Andrew, the Client agrees to the scope of services and deliverables associated with the specific package selected at the time of booking. Each package includes defined session durations, outfit allowances, image counts, and delivery timelines, which are clearly outlined in the relevant service description or confirmation email. These elements form part of the agreement and are non-negotiable unless otherwise agreed in writing prior to the session.
b. Any requests for services or deliverables beyond what is included in the selected package—such as additional edited images, extra outfit changes, or extended session time—may incur additional charges. These can be quoted upon request.
c. During the session, the Photographer may capture numerous images to ensure a high-quality final selection. Only the number of final, edited images specified in the chosen package will be delivered to the Client. Unselected images are not included in the delivery but may be securely stored by the Photographer. All images captured, whether delivered or not, remain the intellectual property of the Photographer and may be used for portfolio or marketing purposes in line with data protection and GDPR principles.
2. Payment:
a. The Client acknowledges that full payment for the selected package is required at the time of booking.
b. A portion of the total payment, equivalent to 50%, is treated as a non-refundable deposit. This deposit secures the agreed session date and time and compensates the Photographer for committing resources and potential loss of other bookings.
3. Refund Policy:
a. The Client acknowledges that 50% of the overall total cost is non-refundable.
b. All refund requests must be submitted in writing via email to info@shotbyandrew.co.uk.
c. In the event of cancellation by the Client with 24 hours or more notice before the scheduled photography session, any payments made beyond the non-refundable deposit will be refunded in full.
d. In the unlikely event that the Photographer cancels the photography session for reasons beyond their control (e.g., illness, equipment failure, force majeure), the Client will receive a full refund of any payments made, including the non-refundable deposit.
e. Refunds, if applicable, will be processed with due diligence within 14 working days from the date when the correct and complete bank information is received from the Client.
f. Refund requests will not be processed if submitted less than 24 hours before the scheduled session time, unless the cancellation is due to circumstances outlined in clause 3 (d).
4. Cancellation and Rescheduling:
a. In the event of cancellation or rescheduling, the Client agrees to provide reasonable notice to the Photographer. The Photographer will make reasonable efforts to accommodate rescheduling requests when possible and reasonable.
b. In the event that an outdoor shoot is planned, and the Photographer declares inclement weather, including but not limited to heavy rain, strong wind or extreme temperatures which prevent the photography session from taking place, the Photographer and Client will make reasonable efforts to reschedule subject to both parties' availability.
c. If no suitable dates are available within the 28-day period, a refund (subject to Clause(s) 3) for the photography session fee will be issued to the Client.
5. Image Selection Process:
a. The Client will receive a link via email with instructions on how to access and select their images for editing and delivery. This link will be provided within the following timeframes, based on the package purchased:
Silver and Gold Packages: within five (5) working days of the session date.
Platinum and Diamond Packages: within ten (10) working days of the session date.
These timeframes allow the Photographer to review and shortlist the best images for Client selection. The delivery of final edited images will follow the Client's selection, in accordance with the terms of the selected package.
b. The Client agrees to review the images promptly and make their selections within a reasonable timeframe to facilitate timely editing and delivery.
c. If the Client fails to select their images within a reasonable timeframe, defined as one week (5 working days) from the date of receiving the selection link, the delivery date of the edited images will be shifted accordingly to accommodate the delay.
d. The Client acknowledges that if they fail to respond to communications and or do not effectively select their images within 14 days post the email containing the link with instructions for selection (as stated in Clause 5(a)), the Photographer reserves the right to select the images on the Client’s behalf.
e. The Photographer will make reasonable efforts to accommodate the Client's schedule and preferences during the image selection process, but any delays in selection may impact the final delivery timeline.
6. Image Delivery:
a. The Photographer commits to delivering the final edited images (excluding any requested advanced cosmetic enhancements) within the estimated timeframe specified in the purchased package, subject to Clause(s) 5.
b. Advanced cosmetic enhancements are defined as any edit beyond basic skin blemish removal, teeth whitening, or colour correction and can be purchased from the photographer.
c. The delivered images will be in high-quality JPEG file format, suitable for personal use as outlined in Clause 9(b).
7. Health and Safety Responsibility:
a. The Client acknowledges and agrees that they are responsible for their own health and safety during the photography session, whether it takes place within the studio premises or elsewhere.
b. The Client acknowledges that it is their responsibility to inform the Photographer in advance of any medical conditions, sensitivities, or other issues that could be triggered by the act of photography, including but not limited to the use of flash photography.
c. The Photographer shall not be held liable for any adverse effects or incidents resulting from the failure to disclose such conditions prior to the session.
d. The Client agrees to follow any safety guidelines and instructions provided by the Photographer to ensure a safe environment during the shoot.
e. The Client acknowledges that any additional individual brought to the photography session by the Client is the sole responsibility of the Client.
f. If any specific accommodations or adjustments are required to ensure the safety and comfort of the Client or other participants, the Client must communicate these needs to the Photographer prior to the photography session.
g. In the event of any inappropriate behaviour or safety concerns, the Photographer reserves the right to terminate the session without refund, and the Client may not receive any images.
8. Damage to Equipment and Studio Property:
a. The Client agrees to take reasonable care while on set or in the studio space provided by the Photographer. In the event that the Client, or any individuals accompanying them, causes damage to the Photographer’s equipment, backdrop paper, lighting, or any other studio property, whether through negligence or misuse, the Photographer reserves the right to charge the Client a damage fee equivalent to 15% of the total package cost to cover repairs, replacements, or cleaning.
b. The Photographer also reserves the right to withhold or delay delivery of final images until this damage fee is fully settled. The Client will be notified of any such damage and invoiced accordingly.
9. Copyright and Usage Rights:
a. The Photographer retains the copyright to all images taken during the photography session.
b. All images purchased outside of the Diamond Package—including those from the Silver, Gold, and Platinum Packages, or additional images purchased separately—are granted a limited license for personal and business promotion. This includes use on social media, websites, printed materials, business cards, and other forms of advertising directly related to your business. These images cannot be used for resale, product packaging, book or album covers, or any use where the image itself is the primary product, without written permission from Shot By Andrew.
The Diamond Package includes an extended commercial license for up to 20 selected images, allowing broader commercial use, such as use on covers or product packaging. All other images delivered from the Diamond Package (beyond the 20 selected) are covered only by the standard limited license unless otherwise agreed in writing.
Copyright remains with Shot By Andrew in all cases. Any resale or third-party licensing of the images still requires prior written approval.
c. The Client acknowledges and agrees that all media captured during the photography session, including but not limited to audio recordings, video footage, and photographic images, may be used by the Photographer and Shot By Andrew for marketing and promotional purposes.
d. The Client grants the Photographer and Shot By Andrew the irrevocable right and permission to use, alter, store, reproduce, publish, and distribute such media for marketing purposes. If the Client does not wish for specific images to be used for marketing purposes, they must notify the Photographer in writing. The Photographer will make reasonable efforts to accommodate such requests, but no guarantee is provided.
e. In the case of children under the age of 18 participating in the session, the Client, being the parent or legal guardian, grants permission for the child's likeness to be captured and used in accordance with the terms outlined in this contract.
f. All images, whether delivered or not, remain the intellectual property of the Photographer.
10. Client Testimonials & Communications:
a. The Client agrees that any feedback, testimonials, or communications sent to the Photographer via WhatsApp, email, or other written, audio or video-based communication may be used for marketing purposes, including but not limited to social media posts, website content, and promotional materials.
b. The Photographer will ensure that any such use respects the Client’s privacy, and no confidential or sensitive information will be shared. If the Client prefers not to have their communications used in marketing, they may request exclusion in writing.
11. Liability and Indemnification:
a. The Client assumes full responsibility for the consequences of how their images are used after delivery. The Photographer shall not be held liable for any losses, damages, or liabilities incurred by the Client or any third party as a result of the Client’s use or misuse of the images. The Client acknowledges that the Photographer may use selected images for marketing and promotional purposes on the basis of legitimate interest. This may include, but is not limited to, use on the Photographer’s website, social media, printed materials, and other marketing channels. The Photographer shall not be held responsible for any adverse outcomes, reputational or otherwise, arising from such lawful use.
b. Except to the extent covered by applicable insurance and permitted by law, each Party agrees to indemnify and hold harmless the other Party — including its directors, officers, employees, agents, affiliates, and permitted successors or assigns — against any and all claims, losses, damages, liabilities, penalties, legal fees, and associated costs arising from any act, omission, or breach of this Agreement by the indemnifying party or its representatives.
c. This indemnification will survive the termination or expiry of this Agreement. In the event of any dispute arising out of or in connection with this Agreement, both the Client and the Photographer agree to make reasonable efforts to resolve the matter through good faith negotiation and mutual agreement before pursuing formal legal action.
12. Data Protection and Privacy:
a. The Client's personal data provided in connection with this contract will be processed in accordance with applicable data protection laws.
b. The Photographer will only collect, process, and retain personal data necessary for the fulfilment of this contract.
c. The Photographer may use the Client's name and images (Clause 9(c.)) for marketing purposes but will not disclose or share the Client's personal data with third parties without the Client's explicit consent, except as required by law or to facilitate payment processing and related financial transactions.
d. Further details regarding how we protect and process your information can be found in our Privacy Policy http://www.shotbyandrew.co.uk/privacy-policy and Website Terms and Conditions https://www.shotbyandrew.co.uk/terms.
13. Model Release:
a. The Client grants permission for their likeness to be used in all media captured during the photography session. Furthermore, the Client agrees that all media may be used in accordance with Clause 9 – Copyright and Usage Rights, which outlines how the Photographer may use, display, and distribute the content.
14. Governing Law and Jurisdiction:
a. These terms shall be governed by and construed in accordance with the laws of England and Wales.
15. Entire Agreement:
a. These terms contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.