By booking a Service with Hazel Dean Photography you are agreeing to accept the following Terms & Conditions, which subsequently form your Contract (Legal Agreement).
 

DEFINITIONS

Photographer means Hazel Dean, operating as Hazel Dean Photography.

Customer means any person, group of people, Organisation or Company with whom “Hazel Dean Photography” enters into a contract, verbal or written, for the purpose of providing photography services by “Hazel Dean Photography”.

Service means any consultation, product, or photo shoot, offered or provided to the “Customer’ by “Hazel Dean Photography”

Force Majeure means any unforeseeable event, out-with the control of the “Photographer” or the “Customer”, such as a family death, adverse weather or serious illness.
 

ACCEPTANCE

1.1
Any and all contracts and transactions between the Photographer and the Customer, whether made orally or in writing are subject to these Terms and Conditions, which shall be deemed to be incorporated into any contract between the Photographer and the Customer

1.2
By entering into contract with the Photographer, the Customer and the Photographer are agreeing to and accepting these Terms and Conditions
 

BOOKING & BOOKING FEE

2.1
Booking a Service enters the Customer and the Photographer into a contract whereby the Photographer agrees to provide the Customer with the requested Service and the Customer agrees to adhere to these Terms and Conditions

2.2
When a Booking Fee has been requested by the Photographer, the Service, including photography and photography training options will not be deemed as confirmed until the Customer has made payment of the Booking Fee and no guarantee can be made by the Photographer that the Service can be provided or will be available to the Customer

2.3
The Booking Fee is non-refundable if the Customer fails to comply with these Terms & Conditions

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PAYMENT

3.1
Any Booking Fee as stated in Section 2.2 must be paid before a Service is secured

3.2
All payments or balance of payments must be made on or before the date stated on the Invoice, or Booking Form

3.3
Any refunds due to the Customer by the Photographer will be issued by the Photographer within 7 working days of the request unless alternative agreements have been made between the Customer and the Photographer

3.4
The Photographer will not be accountable or responsible for refunding any third party booked by the Customer, such as a Makeup Artist, Hairdresser, Stylist, etc
 

CANCELLATIONS

4.1
The Customer may cancel the contract at any time by giving written notice to the Photographer but, unless of a Force Majeure, a fee will be applicable or a forfeit of any monies already paid.

4.2
Should the customer not appear (no show), and no cancellation is made, the customer is eligible to pay the full cost quoted at the time of booking

4.3
Following Cancellation or No Show there are no obligations for the Customer or the Photographer to re-book any Service

4.4

The customer should contact Hazel Dean Photography if they have symptoms of COVID-19 or could be deemed at higher risk of having the virus due to their environmental situation.
 

POSTPONEMENT

5.1
Certain Services, such as, but not limited to, outdoor photo shoots, may be weather-dependent. Postponement can be made by the Photographer if the weather or other conditions would make it difficult to provide the requested Service, or if risk has been identified

5.2
An alternative date can be negotiated by the Customer and the Photographer

5.3
Should no alternative date to provide the Service be possible, the Customer or the Photographer may leave the contract with no recourse or indemnity

5.3.1
When it has not been possible to reschedule a Service, any fees paid by the Customer will be returned in compliance with section 3.3
 

COPYRIGHT LICENSE

6.1
In accordance with the Copyright, Designs & Patents Act 1988, the copyright of all photographs taken by the Photographer is retained by the Photographer and cannot be used by a third party organisation unless pre-agreed with the Photographer
6.2

Usage of the Licensed Images is limited to use of such images as provided by the Photographer and the Client shall not manipulate any Licensed Photograph or make use of only part of any individual image without the prior written permission of the Photographer.

6.3

Clients do not have the right to enter images from the photo shoot in to competitions.

6.4
All materials issued during any photography option will also be deemed to be the property of the Photographer and require compliance to these Terms & Conditions and any further Contract issued

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EXCLUSIVITY

7.1
Unless otherwise agreed between the Customer and the Photographer, the Photographer retains the right in all cases to use the photographs for the purposes of advertising or otherwise promoting their own work

7.2 

The final post production and editing styles, effects, and overall look of the images are left to the discretion of the photographer.

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INDEMNITY

8.1
The Customer agrees to fully indemnify the Photographer in respect of any claims or damages or any costs arising in respect of claims for copyright violation made by a third party.

8.2
Obtaining parental consent for student/pupil/child photography usage is compulsory and should be undertaken in advance by the Customer. The Customer shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.

8.3 

The Client understands and agrees that the Photographer is not responsible for or liable in any way for any damage to or loss of Client’s belongings or for any personal injury to Client before, during or after the session. Client shall indemnify, defend and hold harmless Photographer and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney fees arising out of or resulting from the performance of the work described in this Agreement.

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RISK

9.1
The Photographer will endeavor to identify and minimise risk and damage to Customer, the Photographer, property and other parties directly involved with the provided Service.

9.2
The Photographer retains the right to postpone or cancel a Service without recourse at any point before or during where risk has been identified, which could effect those identified in Section 9.1.

9.3
Should any person’s behavior be deemed to place others at risk, or be disruptive to the Service or training option, that person may be asked to leave and will not be entitled to any refund of fees

9.4

Hazel Dean Photography cannot be held liable for any actions relating to the spread of COVID-19, which are out-with his control or attempts to minimise the risk.

9.5
Hazel Dean Photography will comply with Government legislation and regulations relating to COVID-19.

9.6
The customer has the right to cancel a booked photography service or training option should they be affected by COVID-19 or have concerns relating to it. A cancellation due to COVID-19 will not incur any penalties.

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COMPLAINTS & GRIEVANCES

10.1
Any complaint or grievance should be made in writing to the Photographer at the earliest opportunity

10.2
The Photographer will respond in writing to any complaint or grievance within 5 working days of receipt of the complaint or grievance

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APPLICABLE LAW

11.1
This agreement shall be governed by the laws and regulations of Scotland, England and Wales.

9.2
The Photographer retains the right to postpone or cancel a Service without recourse at any point before or during where risk has been identified, which could effect those identified in Section 9.1.

9.3
Should any person’s behavior be deemed to place others at risk, or be disruptive to the Service or training option, that person may be asked to leave and will not be entitled to any refund of fees