Terms & Conditions
In the following Terms & Conditions “the photographer” shall mean Lotte Simons or any agent/employee of Lotte Simons Photography. “The client(s)” shall be those persons named on the liability waiver. It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
1. Terms Of Service
a. Confirmation of your booking acknowledges you have read and understood these terms & conditions
b. Where the client is below the age of majority a parent or guardian will act on their behalf, accepting responsibility for the terms of this agreement and be present during the photoshoot.
c. Details of the client’s booking can be found on the corresponding invoice.
d. In the unlikely event the photographer is delayed for any reason the booking time will be acknowledged from the photographers arrival.
e. Estimated timeframe for the completion of digital files is between 3-4 weeks from their selection and 6-8 weeks for printed products. Delivery of images may take longer during busy periods or due to delays from suppliers.
f. The Photographer’s judgement on the photographic style and number of photographs taken shall be deemed to be correct.
g. Upon delivery of completed photos, any request made by the client to alter the style or editing of an image is considered a service above and beyond the initial contracted work. Time to complete any adjustments or additional retouching will be chargeable to the client.
h. The client agrees to give the Photographer sole discretion over how the photographs and products are presented. The Photographer will, where possible, create photographs as requested by the Client, however some may not be possible due to the weather, the disposition of the subject or other reasons such as, but not limited to, geographic location, technical issues and unrealistic expectations.
i. The photographer will not tolerate any level of verbal or physical abuse. Either will result in the immediate non-refundable termination of services.
2. Payment,Fees & Cancellation Policy
a. Invoices are due in full at the time of booking and will secure the agreed date and time. Failure of payment is deemed as forfeit of your booking and the photographer may make alternative arrangements.
b. Where a deposit or payment plan is agreed the outstanding debt is due no later than 2 weeks following your photoshoot. Photographs will be retained until the balance is cleared.
c. Photographic fees and payment terms are outlined in the corresponding invoice.
d. Photoshoots can be extended upon request at a charge of £40 per hour.
e. Proof galleries will be available for 3 months, after which time a £40 admin fee will be charged to bring them back online.
f. Travel exceeding the first 50 miles in a roundtrip from a CT12 postcode will be charged at 45p per mile. The client will be liable to pay the full amount for any and all applicable parking fees including planned and unforeseen charges.
g. The client is responsible for the costs of any accommodation required by the photographer where it is deemed appropriate or necessary.
h. In the event the client needs to cancel or postpone the photoshoot, the photographer must be informed no later than 24 hours prior to the agreed date to receive a full refund. Late cancellations are limited to a 70% refund of the total booking value.
i. In the unlikely event that the photographer must cancel due to any unforeseen circumstances (including but not limited to severe medical emergencies or acts of God) an alternative date and time will be arranged. If such an agreement cannot be reached, responsibility and liability is limited to the return of all payments received.
3. Indemnity & Liability
a. The photographer must be notified of items that arrive faulty or damaged within 30 days of the postage date. Upon the presentation of sufficient evidence, the photographer will seek to replace, exchange or refund items as appropriate.
b. Lotte Simons Photography is not responsible for any damages caused by subcontractors or third parties (i.e. Make Up Artists, Grooms)
c. Client’s will be required to sign a liability waiver before their photoshoot. Where the client is under the age of 18, a parent or legal guardian must sign on their behalf.
d. Any directions issued by the photographer in regards to location and poses are undertaken at the client’s own risk. It is at the clients’ discretion to make an appropriate assessment as to the comfort and safety of both themselves and their horses at all times.
e. It is at the clients’ own discretion as to whether or not suitable clothing and safety equipment is worn during the photoshoot and the photographer will not be held liable for personal injury caused where it has not been used.
f. The client understands they are responsible for the cost of any damage or injury caused by their horse(s) to itself, the Photographer, third parties or property at any time during the photoshoot. The client must be seen to be in reasonable control of their horse(s) at all times. If the photographer deems a situation to be dangerous or unsafe to any persons involved, the photoshoot will be immediately suspended.
g. The Photographer will be conscientious to the temperament of the horse(s) and adjust shooting styles appropriately. However, the Photographer cannot be held responsible for incidents caused where the horse(s) is reacting in a naturally unpredictable manner.
h. The Photographer will not be held liable for any personal injury up to and including death obtained by the client, any third parties or the subject.
i. It is the responsibility of the client to obtain such consents, permissions, releases and clearances that may be required for the photoshoot to be undertaken lawfully including permission from the land/property owner(s).
j. Whilst the Photographer takes every precaution as to the safe use and set up of all photographic and lighting equipment, the Client understands the potential risks of its use around horses, including but not limited to; fire, tripping and electrical hazards. The Photographer will not be held liable for any incident caused due to equipment failure, the actions of the horse(s), the Client or any third party.
k. The Client understands the additional risks of using any such electrical equipment outdoors, the Photographer will not be held liable for incidents due to natural causes and acts of God.
l. The Photographer takes the utmost care with respect to exposure, transportation and processing of photographs. However, in the unlikely event of the Client’s photographs being lost, stolen or destroyed for reasons within or beyond the Photographer’s control, liability is limited to the return of all payments received for photographic services, together with the reasonable costs of re-organising a second photoshoot at a later date.
4. Copywrite & Image Use
a. The entire copyright of the photographs is retained by the photographer at all times throughout the world. The Client must seek permission for third party use beyond reproduction for friends, guests and family.
b. The client is not entitled to save, download or otherwise share digital proofs. Only those images selected, fully retouched and delivered are granted use by the client.
c. Commercial use and sale of images by any means is strictly prohibited unless agreed in writing.
d. The Client hereby allows the photographer to display any images covered by this contract and to generally promote the business by means of advertising, PR, websites, exhibitions, competitions, magazine articles, and other such media, providing that the images are used lawfully and without damage to the client. The photographer may release copyright or reproduction rights of the photographs and/or products for an agreed amount, which may not be passed to any third party whatsoever.
Client personal data is collected under legitimate interest and used solely to deliver photographic services. It will not be passed to any third party and client’s will not be contacted with any marketing materials from Lotte Simons Photography unless they have opted to do so.
The personal data provided on liability waivers is gathered as a traceable legal document in the event of an incident and are kept on company records for as long as it is deemed necessary to hold them.
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.