Rosalind Hobley Photography
Terms and Conditions
The Session
Session fees are due in full within three days of booking in order to secure session date and prices.
The standard session fee covers up to five people and there is an additional charge of £25 for each additional person.
The session fee is not refundable covers the capture of images at the shoot. Prints and other products are sold separately.
In the event of one of the family becoming ill, please let me know as soon as possible in order to reschedule. I maintain the right to reschedule the session for reasons such as illness, inclement weather, emergencies and so on.
In the unlikely event that I am unable to complete the session for any reason beyond my control I shall refund the session fee to you, but shall have no further liability with respect to the contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, or otherwise lost or damaged without fault on my part. In the event that I fail to perform for any other reason, I shall not be liable for any amount in excess of the retail value of your order.
Requests for reshoots are granted solely at my discretion.
Proofing and Ordering
At your session I shall arrange a date for an in-person viewing and ordering session, which is held around two to three weeks after your shoot. At this appointment you will be able to view your images as well as samples of albums, frames, mounts and art books. I will help you design the best possible display for your portraits and the order will be finalised at this point.
Payment is due at the time of order, and, due to the custom nature of the products, all sales are final.
Unordered portraits may be deleted at any point after the ordering session without further notice. Photos which have been ordered will be archived for one year in case reprints are required.
Creative Licence
A selection of the photographs taken will be displayed. The amount shown for a regular portrait shoot will be approximately 20-30 and for a mini session, 5-15. For creative and artistic reasons not all the images taken at the shoot will be available for viewing, and I reserve the right to edit and display only those images which I select.
If digital files are sold, they will be print-ready and will be accompanied by recommendations for which professional labs to use to get the best results. However I am not responsible for printing errors or the quality prints or products not ordered through me.
Prints will be sold with instructions as to how to care for them. They are printed with professional paper and inks and will resist fading. Please be aware that if even archival prints are exposed to direct sunlight, cigarette smoke, cooking fumes or direct heat sources they will be subject to discolouration and fading. I shall not be liable for fading caused by incorrect care of the prints.
Copyright
Please be aware that all images are copyright Rosalind Hobley and all rights are reserved. It is a breach of copyright law to scan, download, or otherwise reproduce any photographs taken by Rosalind Hobley without written permission.
If digital files have been purchased prints can be made from these for private use, but they cannot be used for commercial endeavour, competition or public display, and they may not be re-edited. If you require any of these uses, please enquire about purchasing extended use licences. Anyone found using the images in any unauthorised way will be invoiced the full amount of the usage at current prices.
Rosalind Hobley Commercial Photography Terms And Conditions
DEFINITIONS.
(a) For the purpose of this agreement “the Agency” and “the Client” shall where the context so admits include their respective assignees, sub-licensees and successor in title. In cases where the Photographer’s Client is a direct Client (i.e. with no Agency or intermediary), all references in this agreement to both “the Agency “ and “the Client” shall be interpreted as references to the Photographer’s Client.(b) For the purpose of this agreement “The Photographer” will mean the Author of the Photograph or Rosalind Hobley, and shall where the context so admits include their respective assignees, sub-licensees and successor in title.(c) “Photographs” and “Works” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints, digital files or any other type of physical or electronic material in existence now or yet to be developed.(d) All contracts verbal or written are only accepted on the basis that the Terms and Conditions of the Photographer are the only ones applicable.(e) Other Terms and Conditions proffered by the Client are specifically excluded unless agreed in writing beforehand by the Photographer.(f) Where time is of the essence the Photographer entirely at its own discretion may accept an instruction given orally, in this event the Photographer shall accept no liability for any error in executing the order.(g) Unless the Photographer is given prior written notice by the Client, the person placing or signing the order on behalf of the Client is deemed to be authorised to do so.(h) When a Client’s policy is not to rely on email confirmations, hardcopy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law.
COPYRIGHT.
(a) The Author retains the entire copyright in the Photographs and Works at all times, throughout the World and (b) Where reproduction of Works has taken place and settlement has not been made, the Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.
OWNERSHIP OF MATERIALS.
(a) Title to all Photographs remains the property of the Photographer.(b) When the License to Use has expired the Photographs must be returned to the Photographer in good condition within 30 days and any archived digital files destroyed.(c) Title to any materials used in producing the Works is not transferred to the Client upon payment of the invoice.
USE.
(a) The License to Use comes into effect from the date of payment of the relevant invoice(s).(b) No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission in writing.(c) Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation.(d) Where restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee to be mutually agreed. Note: A written agreement must be reached with the Photographer before the Photographs may be used for other purposes. Where uses of an image are made which breach the licence to use further charges will be made.(e) Any reproduction rights granted are by way of licence only and no partial or other assignment of copyright shall be implied.(f) On the Client’s death or bankruptcy or (if the Client is a Company) in the event of a Resolution, Petition or Order for winding-up being made against it, or if a Receiver or an administration is appointed, any licence granted shall immediately cease.
EXCLUSIVITY.
(a) Unless agreed to in writing on the License to Use and the Invoice no exclusivity is given or implied to The Agency and/or The Client.(b) The Photographer retains the right in all cases to use or sell the Photographs. (c) Exclusivity will not be unreasonably withheld but only on written agreement with the Photographer before work commences.
CLIENT CONFIDENTIALITY.
(a) The Photographer will keep confidential and will not disclose to any third parties or make use of information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.
INDEMNITY.
(a) It is the Client who must satisfy himself/herself/It’s self that all necessary rights, model releases, clearances or consents which may be required for reproduction of people, places or items depicted within any Works are obtained.(b) It is acknowledged that the Photographer gives no warranty or undertaking that any such rights, releases or consents are or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or Works of art depicted in any picture.(c) The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed in writing before the shoot.(d) In all other cases the Client shall indemnify the Photographer againstall expenses, damages, claims and legal costs arising out of any failure toobtain such clearances.(e) The Photographer will not be liable for any loss or damage, for any consequential loss of profit or income however caused including negligence by the Photographer, Rosalind Hobley, their employees or agents or otherwise, and it is the Client’s responsibility to insure against such loss or damage.
PAYMENT.
(a) Payment by the Client will be strictly as per the terms of the relevant invoice.(b) Thereafter, further charges may be made for any additional statement, letter (whether as an email, fax, etc) issued for the recovery of the outstanding debt of not less than £15.50 plus VAT each and all other costs for the recovery of debtsincluding bank charges.(c) A further charge of 5% over the Lloyds TSB Bank rate from time to time is added to the invoice on the first day following that when settlement should have been made. LATE PAYMENT OF COMMERCIAL DEBTS (INTEREST) ACT 1998 will be enforced.(d) Where a Client is a company and whether or not that company has gone into liquidation the individual directors will be responsible for all outstanding fees and costs in relation to the contract.
EXPENSES.
(a) Where extra expenses or times are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise .The Client shall give approval to and be liable to such extra expenses or fees, in addition to the fees and expenses shown on the Estimate as having been agreed or estimated.
REJECTION.
(a) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
CANCELLATION & POSTPONEMENT.
(a) A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a fee of cancellation or postponement.
RIGHT TO A CREDIT.
(a) The Licence to Use requires that the Photographer’s name ‘Rosalind Hobley’ will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). The Photographer also asserts his/her statutory and moral right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
SUPPLY TO THIRD PARTIES.
(a) The licence only applies to the Client and product stated on the Licence to Use.
ELECTRONIC STORAGE.
(a) Save for the purposes of production for the licensed use(s), the Photographs may not be stored or archived in any form without the written permission of the Photographer.(b) Manipulation of the image or use of only a portion of the image may only take place with the written permission of the Photographer.(c) Digital Data is stored by the Photographer on the understanding that the Photographer is not responsible for the future integrity of that data, or of any failure to retrieve data from the Photographer’s archive.
APPLICABLE LAW.
(a) This agreement shall be governed by the Laws of England & Wales.
VARIATION.
(a) These Terms and Conditions shall not be varied except by agreement in writing.
Privacy Policy
What is this Privacy Policy for?
This privacy policy is for this website www.rosalindhobley.com and served by Rosalind Hobley and governs the privacy of its users who choose to use it.
The policy sets out the different areas where user privacy is concerned and outlines the obligations & requirements of the users, the website and website owners. Furthermore the way this website processes, stores and protects user data and information will also be detailed within this policy.
The Website
This website and its owners take a proactive approach to user privacy and ensure the necessary steps are taken to protect the privacy of its users throughout their visiting experience. This website complies to all UK national laws and requirements for user privacy.
Rosalind Hobley creates a client gallery for each client to whom photos are delivered as part of the services contracted. Rosalind Hobley’s client galleries are externally hosted by Pixieset. Their privacy policy can be found here: https://pixieset.com/privacy/
To visit a Rosalind Hobley client gallery you will be required to enter personal data (namely your email address) and a password. Your personal data (email address) will be stored within Pixieset’s system, on their servers and will be used to email you up to a maximum of four times and only with information relevant to the client gallery you have accessed e.g. to inform you of a discount offer on gallery purchases. Any such emails sent to you will only be during the 12 month period for which the gallery is live. After 12 months has passed since a gallery was created it is automatically deleted and your personal data (email address) is completely removed from Pixieset’s system.
Only Rosalind Hobley will have access to your personal data (email address) stored on Pixieset’s system on her behalf. It will only be used as detailed above, will not be used for any other marketing purposes and will not be passed onto any third parties. Pixieset’s technical support team will have the means to access to your personal data (email address) but will never access or share this data other than by request from Rosalind Hobley.
By logging into a Rosalind Hobley client gallery you are agreeing to opt in to receive relevant, gallery-specific emails as described above. Emails are automated so if you do not wish to receive such emails it is advised that you do not log into any Rosalind Hobley client galleries.
If you wish to request for your personal data (email address) to be deleted from Pixieset’s servers, please email rosalindhobley@gmail.com.
Use of Cookies
This website uses cookies to better the users experience while visiting the website. Where applicable this website uses a cookie control system allowing the user on their first visit to the website to allow or disallow the use of cookies on their computer / device. This complies with recent legislation requirements for websites to obtain explicit consent from users before leaving behind or reading files such as cookies on a user’s computer / device.
Cookies are small files saved to the user’s computers hard drive that track, save and store information about the user’s interactions and usage of the website. This allows the website, through its server to provide the users with a tailored experience within this website.?Users are advised that if they wish to deny the use and saving of cookies from this website on to their computers hard drive they should take necessary steps within their web browsers security settings to block all cookies from this website and its external serving vendors.
This website uses tracking software to monitor its visitors to better understand how they use it. This software is provided by Google Analytics which uses cookies to track visitor usage. The software will save a cookie to your computers hard drive in order to track and monitor your engagement and usage of the website, but will not store, save or collect personal information. You can read Google’s privacy policy here for further information [ http://www.google.com/privacy.html ].
Other cookies may be stored to your computers hard drive by external vendors when this website uses referral programs, sponsored links or adverts. Such cookies are used for conversion and referral tracking and typically expire after 30 days, though some may take longer. No personal information is stored, saved or collected.
Contact & Communication
Users contacting this website and/or its owners do so at their own discretion and provide any such personal details requested at their own risk. Your personal information is kept private and stored securely until a time it is no longer required or has no use, as detailed in the Data Protection Act 1998. Every effort has been made to ensure a safe and secure form to email submission process but advise users using such form to email processes that they do so at their own risk.
This website and its owners use any information submitted to provide you with further information about the products / services they offer or to assist you in answering any questions or queries you may have submitted. This includes using your details to subscribe you to any email newsletter program the website operates but only if this was made clear to you and your express permission was granted when submitting any form to email process. Or whereby you the consumer have previously purchased from or enquired about purchasing from the company a product or service that the email newsletter relates to. This is by no means an entire list of your user rights in regard to receiving email marketing material. Your details are not passed on to any third parties.
Although this website only looks to include quality, safe and relevant external links, users are advised adopt a policy of caution before clicking any external web links mentioned throughout this website. (External links are clickable text / banner / image links to other websites, similar to; The owners of this website cannot guarantee or verify the contents of any externally linked website despite their best efforts. Users should therefore note they click on external links at their own risk and this website and its owners cannot be held liable for any damages or implications caused by visiting any external links mentioned.
This website may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.