terms & conditions

read the small print carefully

Please read these terms and conditions before booking your session with me, accepting your estimate, or paying for your photoshoot, and ensure all participants/subjects in your party agree to them. Payment for your session confirms your acceptance of these terms and conditions.

Making a booking

  • By telephone: Please contact Penny Bird on +44 (0)7903188611. On booking, Penny Bird will issue an estimate for your acceptance or an invoice for payment..

  • Online: Free discovery zoom calls are available to book. These are no obligation meetings offered to help you decide if you have found a photographer you like, can relate to, and trust.

Cancellation, rescheduling and force majeure

  • 7 days plus notice:

    • Cancellation - your session fee will be refunded, less an administration fee of £50.

    • Reschedule - Penny Bird will do her best to accommodate the change at no cost the first time. Thereafter an administration fee of £50 will be charged for each change. If it is not possible to reschedule the session, your session fee will be refunded, less an administration fee of £50.

  • Less than 48 hours notice:

    • Cancellation - the full session fee will be charged.

    • Reschedule - 50% of the session fee will be charged.

  • Force majeure:

    • In the event of cancellation or alteration by Penny Bird, owing to any cause beyond her control (i.e. sudden illness/injury or severe weather conditions), or in the unlikely event of total photographic failure, Penny Bird’s liability shall be limited to a full refund of any session fee agreed or paid.

  • Prices: Prices for goods and services will remain fixed up until 31 March each year, after which they are subject to the annual inflation-related increase.

Health and safety

  • Infectious diseases - Penny Bird is doing what is reasonable to contain the risk of spread of infectious diseases and all visitors must please comply with current Government Public Health advice and restrictions. Clients visit the studio premises at their own risk.

  • Insurance:  Penny Bird will maintain public liability and professional indemnity insurance at all times. However, in the unlikely event of a photographic failure or cancellation of the contract by either party, the liability of one part to the other shall be limited to the total value of the contract.

  • Supervision: Private clients are responsible for the safety of any young people, animals or pets present at the photo session.  The client must ensure that a responsible adult, other than Penny Bird, is present to supervise young people, animals and pets. Penny Bird has a pet at her home. Any allergy sufferers should be made known to Penny Bird at the time of booking.

Commercial shoot briefing

  • Penny Bird has prepared various guides for commercial shoots which you can download here.

  • Penny Bird has prepared a checklist for corporate head shots which is free to download. There is also a bespoke head shot booking system available to make it easy for the client to manage multiple headshot bookings, please ask for details.

The photoshoot

  • Licence, coverage and reproduction: Penny Bird shall be granted artistic licence in relation to the poses photographed and the locations used. Penny Bird’s judgement regarding the location, poses and number of photographs taken shall be deemed correct. Photographs taken during the course of a booking will be at the discretion of Penny Bird although every effort will be made to comply with the client’s requirements. Penny Bird shall endeavour to photograph all individuals as requested by the client at some point during the booking, but no responsibility will be taken by Penny Bird in the event of anyone omitted. Please note that any alterations to the booking by the client once details have been confirmed may only be made at the discretion of Penny Bird and in some circumstances, she may be unable to accommodate these alterations due to a conflict of commitments.  Under these circumstances, Penny Bird is not liable to compensate the client in any way whatsoever.

  • Weddings:  The Client should provide a full list on the details form of formal photographs required including names and relationship to the client. A person needs to be appointed to coordinate the formal photographs according to the list. This is not the responsibility of Penny Bird.

    • Prior to or during the event, the client may inform the photographer of subjects which they would like photographed, but the final content of the images is at the discretion of Penny Bird.

    • Penny Bird is limited by the guidelines of the ceremony official or the reception site management. The client agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is the client’s responsibility; Penny Bird will offer technical recommendations only. 

    • Although every possible care will be taken to produce photographs of all important and special events during the wedding, Penny Bird cannot place an unconditional guarantee on the above. 

The photographs

  • Copyright:  The 1988 Copyright Act assigns the copyright of the photographs to Penny Bird. It is therefore illegal to copy or allow to be copied, by any means photographic or otherwise, by any person or machine other than by Penny Bird or her appointed agents.

  • Licensing: Private clients are granted permission by Penny Bird to reproduce the images and make an unlimited number of prints for personal use or publish the images on the internet at their own discretion. Commercial clients are granted permission to use the images for promotional and editorial purposes for their business, across all media, including print and digital. These permissions apply worldwide. The client, whether private or commercial, agrees that he/she may not use the images for financial gain of any nature or enter the images into any competition without the express written permission of Penny Bird.  Penny Bird retains the copyright to all images.

  • Selection: Penny Bird reserves the right to edit and release only the images that meet her artistic standards and style. No unedited images or RAW files will be released to the client under any circumstances.

  • Galleries:

    • Where the session fee includes selected images - these will be provided to you via an internet link not less than 48 hours after the session, and not more than 14 days afterwards. For events, you can request image delivery within two hours. At the time of booking you can specify the size of the files you require and/or indicate when you would like delivery of the images.

    • Where the session fee does not include images - clients will be provided with an online gallery to view and select images for editing and purchase. These galleries are available for twelve months from the date of the photoshoot, after which they expire. The client may request that the gallery be renewed for a further period for a small time-based administration charge not less than £50.

  • Digital files: The digital files will be kept not less than twelve months from the date of the shoot. Should the digital files be lost, damaged or destroyed for reasons beyond her control, Penny Bird’s liability shall be limited to a full refund of any fees paid, but shall not include a refund for any goods or services already received.

  • Orders: All orders should be placed with Penny Bird before the end of the six month period from the date of the shoot.  Penny Bird will not be liable for failure to produce any orders placed after this time.

  • Display: Penny Bird will assume the right to display any photography covered by this contract to promote her business, unless the client requests they are not used for display at the time of booking. This includes but is not limited to advertising, brochures, magazine articles and other such material, providing that the images used are used lawfully and without damage to the client.

After service

  • Lost digital files: Should the client mislay or lose the digital files purchased, they can request them from Penny Bird. If this request is made within six months of the contract date, Penny Bird will provide the images at no cost additional cost to the client. If the request is made after this, there will be a time-based administration charge not less than £50 as the files will be in deep storage.

  • Changes to digital files: Should the client request changes to the digital files - such as resizing, detailed editing, or a request for further images from the shoot once the work has been completed, any work done will be charged at the current editing rate per hour. If the request is more than six months from the contract date, there will be a time-based administration charge not less than £50 to extract the files from deep storage, as well as the current editing rate charged per hour.

  • Complaints:  In the unlikely event of that the client is not satisfied with any element of the service or products provided, this must be advised to Penny Bird in writing within seven days of the photo shoot, or within two days of receipt of the digitals ordered.

Privacy policy  

  • This privacy policy sets out how Penny Bird collects, uses and protects any information provided by clients and potential clients. Penny Bird is committed to ensuring that client’s privacy is protected and will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. Should clients be asked to provide certain information by which they can be identified when using this website, it will be information necessary for the performance of contract and for legal obligations and it will only be used in accordance with this privacy statement. 

  • Data may be collected via: Online booking through ACCUITY SCHEDULING; via Facebook, Google and LinkedIn; via this website or via email and/or telephone contact with Penny Bird.

  • Information collected will include some/all of the following:  Name, address, email and telephone number, name and ages of children/pets if relevant to the service purchased, information necessary to arrange the date/time of the portrait session, written agreement to terms and conditions, the option to subscribe to the newsletter; written agreement giving Penny Bird the option to use images on social media, on this website and/or as part of her portfolio.

  • Penny Bird will use the information for: Understanding client needs and delivering the best service possible, internal record keeping and improvement of products and services.

  • Penny Bird has put in place procedures to safeguard and secure information collected and continues to put in place agreements with third party suppliers to ensure that current data protection legislation requirements are met.  Personal information will be deleted after a minimum of six years and a maximum of 10 years from the date of initial client contact.  Please note that client images are moved to deep storage after six months and deleted after 24 months. Penny Bird keeps up to date with the Information Commissioner’s Office and is committed to ensuring the privacy of her clients is fully protected.  Clients will be notified as soon as possible in the event of a security breach.

Governing law

The contract made between Penny Bird and the client shall in all respects be governed by and construed in accordance with English Law and the parties hereto submit to the jurisdiction of the English Courts.