Terms and Conditions.

 

Whittakers Photography Studio – Terms & Conditions 2025

 

By booking any photography service with Whittakers Photography Studio you confirm that you are in agreement with, and bound by the terms and conditions below.

 

Definitions:

The Client: The individual or company requesting the services of Whittakers Photography Studio.

Whittakers Photography Studio: Primary Photographer/ individual image owner / studio owner / joint partnership.

 

 

• Whittakers Photography Studio will carry out work only where an agreement is provided verbally or either by email, telephone or mail and a deposit is received.  Whittakers Photography Studio will only carry out work for clients who are aged 18 years of age or above.  Anyone under 18 years of age will be accompanied by an adult over 18 years of age throughout the whole photography session.  A ‘booking’ is deemed to be a written or verbal contract between Whittakers Photography Studio and the client; this includes telephone, verbal and email agreements.  A deposit of payment to Whittakers Photography Studio constitutes the confirmation of the booking.

 

• Whilst every endeavour will be made to ensure that the website is free of errors, Whittakers Photography Studio cannot accept any responsibility for any losses incurred due to the malfunction or error of the website, or any part of it.

 

• All images, digital or otherwise (such as USB, prints, albums etc) remain the property of Whittakers Photography Studio until all outstanding accounts are paid in full.

 

• Whittakers Photography Studio retains copyright of all images taken and will supply the client with reproduction rights, thus allowing use of the images on a personal level.  This does not allow use of images for advertising, marketing or any other publicity by the client unless written permission is given by Whittakers Photography Studio. Should any member of the photo shoot contact us to request us to ‘forget’ (delete) any of their information and images in accordance with the GDPR. Whittakers Photography Studio have a legal requirement to fulfil this request thus meaning if a copy of the images is requested again by the client the copy will have these images omitted.

 

• Whittakers Photography Studio will keep a copy of your images issued to you after your shoot for up to 5 years.  Clients can contact Whittakers Photography Studio to request a copy of images at any point during this period.  There may be an additional cost for extra USB’s and resharing data depending on each individual circumstance.

 

• Whittakers Photography Studio asserts the rights to be credited as the author of all images taken in accordance with sections 77 & 78 of Copyright.

 

• Whittakers Photography Studio shall be responsible for retouching images digitally.

 

• All images will be assessed and deemed correct before issuing to the client.  Whittakers Photography Studio will ensure a pleasing colour balance as calibrated from equipment and personal opinion.  Whittakers Photography Studio cannot guarantee colour matching.  All images and colours will be subject to the photographer’s artistic interpretation.

 

• The client may not alter or manipulate an image by electronic means or any other technique.  They must not reproduce an image in any form.

 

• Whittakers Photography Studio will give every client an option to sign a model release form to grant permission for any image created during their photography session to be used for display purposes either in the studio, portfolio or for use for advertising directly associated with Whittakers Photography Studio.  If the named form above is not signed Whittakers Photography Studio will not use any images in any such circumstances or share with any other parties in accordance with the GDPR and data sharing.

 

• Poses are decided by Whittakers Photography Studio.  Suggestions are welcome; however these will be down to the photographer’s discretion if deemed safe and beneficial.  The photographer’s decision regarding number of shots, location and poses shall be deemed correct.

 

• Whittakers Photography Studio will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

 

• Whittakers Photography Studio will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of Whittakers Photography Studio or any of the clients appointed agents in the unlikely event of Whittakers Photography Studio not being able to fulfil the service that is booked.

 

• Whittakers Photography Studio will not be liable for product changes, availability or quality of such products when sourced from an outside supplier.  This will be covered under the supplier’s t&c’s.  Items such as albums, USB, prints and canvas etc will be covered under this.

 

• In accordance with GDPR, Whittakers Photography Studio will seek permission from the client before sharing images and such data with any outside suppliers.

 

• Whittakers Photography Studio shall not be liable for any indirect loss or 3rd party claims caused by delay in completing work, or any loss arising from delay in transit.  Where work is defective for any reason, including negligence, our liability (if any) shall be limited to rectifying such defect.

 

• Whittakers Photography Studio will assume all images, pictures and products purchased have been received in good condition unless the client notifies Whittakers Photography Studio in writing of any discrepancy or error within 7 days of receipt.

 

• A minimum, non refundable deposit as stated on the particular service chosen is payable at the time of booking with Whittakers Photography Studio.  This can either be paid via cash or BACS payment.  Bookings are not secured or confirmed until deposit is received.

 

• Whittakers Photography Studio reserves the right to rebook an allocated time slot if no deposit is received within 3 working days.

 

• The remaining balance for any studio shoot, location or other occasion is payable on the day of the photo shoot via the same payment methods.  Full wedding balances will be due 1 calendar month before the wedding date. All outstanding balances should be paid before any editing work begins.

 

• If the client decides they no longer require the images after the photo session has been carried out in full and have paid a deposit, they are contracted to pay the full balance for the work. Failure in the client paying such balance will be considered as a breech of contract.   Non payment will result in legal action being taken if necessary, or deemed actionable by Whittakers Photography Studio.

 

• If, due to unforeseen circumstances you are unable to attend your secured timed photoshoot and you notify us within 24 hours of your appointment we will reschedule your appointment to another time and date subject to availability on one occasion only. Deposits are generally non refundable unless in exceptional circumstances and will be assessed individually by the photographer.

 

• Due to the nature of the service, there will be occasions when time slots are essential.  Whittakers Photography Studio cannot extend your allocated slot if you arrive late for the designated time slot this may mean your appointment time decreases.  Whittakers Photography Studio will endeavour to ensure the full experience is captured, however this is not guaranteed and is out of our control if the time allocated is decreased by the client.

 

• Whittakers Photography Studio will not refund, nor accept refusal to pay or return items for any acceptable images either in print or in electronic format.  No exception can be made and we will not be held responsible for individuals taste.

 

• All services and or products supplied are deemed correct in line with current prices at the time of booking and are subject to change without prior notice.

 

 

• Informal Complaints Procedure

Any one who experiences a problem with the service provided by Whittakers Photography Studio should raise the matter directly using our email address, giving sufficient information and clearly outlining the grounds for complaint.

Whittakers Photography Studio will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complaint.

 

• Formal Complaints Procedure.

The formal complaints procedure should be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.

A formal complaint should be made in writing to Whittakers Photography Studio who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

Complaints should be sent to:

 Whittakers Photography Studio:

                        138 Heath Road

                       Orsett Heath

        Grays

                       Essex

                       RM16 3AD

An initial response to any complaint can be expected within seven days of its receipt, a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.

 

• Terms

Whittakers Photography Studio reserves the right to amend these terms at any time in accordance with our management policy.