terms & conditions

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.

Display: The client will be asked for written agreement at the time of booking to allow Penny Bird to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles and other such material, providing that the images used are used lawfully and without damage to the client.

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.

Prices: Where the session date is no more than 12 months after the date of booking and payment, all photographic services undertaken on that date are supplied at the prices ruling on the date of signing.  Any portraits and prints ordered more than 12 months after the date of booking and payment, will be supplied at the prices ruling at that time.

Payments:  Payment of the session fee is to be made at the time of booking.  The session will be confirmed once payment is received. If the client is paying for the session on behalf of the subject or if the shoot is for more than one person or family, it is the client’s responsibility to ensure that all subjects agree to the terms and conditions at the time of booking. When you order professional prints and digitals, these must be paid for at the time of ordering.

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 or prints ordered.

Force majeure: The due performance of the contract is subject to alteration or cancellation by Penny Bird owing to any cause beyond their control (i.e. sudden illness/injury). In the event of cancellation by Penny Bird, or in the unlikely event of total photographic failure (although sessions may be re-arranged if practicable), Penny Bird will not be responsible for costs in order to stage the re-shoot.  Penny Bird’s liability shall be limited to a full refund of any session fee paid.  Travel will not be reimbursed.

Digital files: The digital files shall remain the property of Penny Bird and shall be kept by her for not less than twelve months from the contract date. 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. All orders should be placed with Penny Bird before the end of the twelve month period starting at the contract date.  Penny Bird will not be liable for failure to produce any orders placed after this time. Penny Bird will choose the best images from the session, and make them available for viewing.  All presented images are selected at Penny Bird’s discretion, and Penny Bird reserves the right to edit and release only the images that meet her artistic standards and style.  Once this selection has been made, any remaining images will be deleted.

Proofing galleries: In some cases, clients will be provided with an online gallery to view and select images for editing or purchase. These galleries are available for twelve months from the contract date, 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 £15.

Licensing notice:  The following copyright applies to any digital images purchased from Penny Bird whether provided by internet download or memory stick. The client is 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.

Cancellation/postponement:  Should the client need to postpone or reschedule the session, Penny Bird will do her best to rearrange. Should the client cancel less than seven days before the booking, dependant on the reason for the cancellation, Penny Bird will refund the full payment or part thereof at her discretion.

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.

Placing an order and receipt of goods: Any alterations to orders must be notified either by telephone or in writing (sent by special delivery) within one working day of the order being placed. Penny Bird will not be held liable for any costs incurred due to alterations to the order made by the client after this time. Penny Bird must be notified either by telephone or in writing (sent by special delivery) within two working days of the client being in receipt of their order in the case of error, shortage or damage, as mistakes cannot be rectified after this period. Due to the nature of the product, Penny Bird is unable to give exchanges or refunds. This does not affect your statutory rights.  In the event that photographic materials are damaged in processing, lost though equipment malfunction, lost in the mail or otherwise lost or damaged, Penny Bird will offer to reshoot at no extra cost to the client, but shall have no further liability for losses, including consequential losses, incurred by the client.

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 £15 as the files will be in deep storage.

Health & Safety: The client is responsible for the safety of any person, particularly children, present at the photo session.  The client must ensure that a responsible adult, other than Penny Bird, is present at all times supervising the children. Penny Bird has a cat at her home. Any allergy sufferers should be made known to Penny Bird and the Makeup Artist at the time of booking.

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, Instagram, Twitter, GooglePlus 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 quarterly electronic 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:  Any 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.