Terms and Conditions
When booking a session, you agree to these terms of service via booking form or upon payment of a deposit. Any trade work agreed to by Hédoniste London and Client is subject to these terms and conditions.
DEFINITIONS
This agreement is between Hédoniste London(“Photographer”) and [You] (“Client”) which includes any representatives of the client. The Photographer’s relationship with Client is that of an independent contractor.
“Image(s)” means the photographic material, whether still or moving, created by Photographer pursuant to this Agreement and includes, but not limited to, Raw files, JPEG originals, negatives, prints, digital files that were captures, recorded, stored, or delivered, in any type of analogue, photographic, optical, electronic, digital or any other, media.
CONSULTATION FEE
A consultation fee will be implemented if you would like us to prepare your whole shoot for you e.g. sourcing locations to submit to you for approval or planning the aesthetics of your shoot for you - all you would need to do is turn up! This fee is relative, for example, an overseas shoot will naturally take more admin and planning than a 2 hour shoot in London. If the shoot will result in more admin from our side, it will be applied on top of any deposit/location costs and is non refundable.
Hedoniste will not share locations before any deposit or consultation fee is paid to protect the integrity of the business.
USAGE RIGHTS AND OWNERSHIP
Ownership of the RAWs (CR3 files) and JPEG originals is retained by the Photographer. After the photoshoot, low-resolution JPEGs from the photoshoot will be sent to the Client within 1 working day – they will be watermarked with ‘Hédoniste London’ so the Client can make the selection of edits they require.
No JPEGS are to be uploaded to social media/your personal site under any circumstance as this is not an accurate reflection of Hédoniste London.
No further edits are to be made to the finished edits by the client or a third party without the express permission of the Photographer or will be in breach of this agreement.
The JPEG, RAWs and edits will not and never be used by the Photographer without the Client’s express permission which can be revoked at any time for example to promote the Photographer’s work on social media.
No watermark will be displayed on any edits done by the Photographer, ownership of the edits is transferred from Photographer to Client once full payment has been levied including for additional edits. The sole owner of the edited images is the Client after this point.
Where the edits are uploaded to any social media platform, the Photographer asserts the moral right to be identified as the author of the images and the right to credit is asserted in accordance with Sections 77 and 78 of Copyright, Designs and Patents Act 1988.
All files will be deleted after 30 days by the Photographer unless requested sooner or the Client gives express permission for the Photographer to use any of the images on social media.
USE AND REPRODUCTION
No third-party licenses will be issued for other edits to be made to the Photographer’s original work for the Client.
The edited images may be used for any purpose.
BOOKING AND CANCELLATION
The Client will be required to complete a Booking Form or can organise a photoshoot via email. The Photographer will send a confirmation email asking for a deposit. Once the deposit has been paid, the booking is considered confirmed, and these terms are deemed to be agreed.
Once the Client has made a booking for a specific time and date, this date/time has been confirmed and the Photographer will not accept any other work from other clients for that time/date.
As a result, once a booking is confirmed, if it is cancelled or asked to reschedule to a time/date that the Photographer cannot accommodate, the Client forfeits a right to a refund of a deposit and may not be applied to another session. The Client is allowed to reschedule once before a deposit is forfeited.
Any payment of a deposit is to be made via PayPal, CashApp, Bank transfer or Cryptocurrency only. The remaining payment is to be done on the day of the booked photoshoot via any of the methods already listed or cash payment.
Any additional image edits will need to be paid for before any editorial work is to commence.
There is no right to a refund for any work due to the nature of the work undertaken.
There is no time limitation on requests for additional edits outside of a quoted package.
GENERAL LIABILITY AND RELEASES
Photographer will take all reasonable care in the production of the Images (s) and the performance of this agreement. The Photographer is not liable for any loss, damages, or costs, suffered by Client, or by any third party, arising from the Client’s use of any Image (s). The Client will indemnify, defend, and hold harmless, Photographer against all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, that may arise from Client’s use of any Image(s).
RESHOOTS
If a client requires a reshoot, the Client will pay Photographer an additional fee of one hundred percent of the fee stated in the quote. If a reshoot is required due to factors beyond the control of Photographer, including but not limited to, weather conditions, acts of God or equipment breakdown. The Photographer will not charge an additional photoshoot fee, but the Client agrees to pay all expenses for the reshoot e.g. location costs.
ARCHIVING DIGITAL FILES
It is the Client’s sole responsibility to store and archive the Image (s). The Photographer cannot guarantee the availability of any Image (s) beyond the date of first delivery to the Client. Client is aware that storing digital data is inherently unstable, so the Client releases the Photographer from any liability for any claims, damages, or costs, arising from any media supplied by Photographer becoming unusable.
All digital files created by, or on behalf of, Client that contain an Image (s) will be deleted or destroyed within 30 days of first delivery.
SESSION TERMS
Sessions are to be conducted at a location agreed upon by the Photographer. The Photographer will not trespass or use any property/location that is considered unlawful to do so. The Photographer is bound by any rules of the property or location. If the Client wishes to shoot on private property, it is the Client’s sole responsibility to get authorisation from the owner of the property. The Photographer is not responsible for hazards at the location and the Client agrees to enter the session at their own risk.
No other photographers/videographers are allowed during the session unless agreed to in writing by Hedoniste London. Additional guests are welcome providing they adhere to these terms.
To maintain the discretion and privacy of the Photographer, the Client or any guests will refrain from taking mobile photos during the session of the Photographer. Any images of the Photographer posted/sent will need prior consent or the session will be deemed void without refund.
The Photographer will not consume alcohol on set, and it is the Client’s responsibility to know their limits.
DELIVERY AND EXTRAS
Delivery of the JPEG original images will be sent via email to the Client within 1 working day. The JPEG original images will be watermarked by Hedoniste London. Any edits done by Hedoniste London will never be watermarked. Unmarked watermarked JPEG images can be purchased for £200 where full ownership will be transferred. The Client will then make their selection within their quoted number of edits.
The Photographer will deliver the edits via email to the Client within 10-14 working days of the Photographer receiving the selection.
The Client will need to notify the Photographer of any additional retouches to the image(s) within 2 working days or the Photographer is under no obligation to do so. The Photographer reserves the right to refuse any additional edits to images already produced outside of the ones already requested.
Additional edits outside of the quoted package are £20 each. The payment will be levied before the Photographer will start any work on these. Additional edits will be delivered within 7-10 working days.
The session length is in line with the price quoted. Any additional time is to be charged at £50 per hour. Reasonable time will be deducted for the Photographer to have a break.
Any travel expenses, location costs (if applicable), food and accommodation (if applicable) need to be covered by the Client when deposit payment is made.
Speedy edits are subject to a £200 fee where the Photographer will complete the work within 1-3 working days.
APPLICABLE LAW
This agreement shall be subject to and constructed according to English Law and the parties agree to accept the exclusive director of the Courts of England.
No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties
Email/ text/WhatsApp communication constitutes a contract in law, unless the Client specifically states they will not accept this and provides hardcopy paperwork of all the relevant agreements and contracts.
CLIENT CONFIDENTIALITY
The Photographer and Hedoniste London will keep confidential and will not disclose to any third parties or make use of information communicated to them in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out their obligations.