Terms & Conditions

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Please read, understand, and accept the following Terms and Conditions before booking any Photoshoot or Photoshoot Event with Creative Instincts. These Terms and Conditions can only be varied by written agreement with the Photographer, Andrew at Andys Photography, prior to booking. If you have any questions, please contact us before proceeding with your booking.

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## 1. Definitions

- **Photographer:** Andrew Kennedy at Andys Photography.

- **Client(s):** The individuals defined as "The Model(s)" on the booking form.

- **Photoshoot:** A defined Photoshoot scheduled for a specific time, date, and location, including half-day, full-day, or special rate Photoshoots.

- **Trip:** A predetermined package organised by the Photographer, including accommodation and a Photoshoot component.

-**Written:** Meaning Email Or Text Message

All contracts and bookings, whether verbal or written, are accepted only on the basis that these Terms and Conditions are the sole applicable terms. Other terms proposed by the Client(s) are specifically excluded unless agreed upon in writing by the Photographer.

## 2. Copyright

- The copyright of the images is retained by the Photographer at all times, in accordance with the Copyright, Designs and Patents Act 1988. 

- All digital negatives remain the property of the Photographer, with a copy of edited digital negatives provided to the Client(s) for non-commercial use.

## 3. Display

The Client(s) permit the Photographer to display the photographs for promotional purposes, including advertising, brochures, websites, and social media.

## 4. Creative Licence, Coverage, and Reproduction

- Photographs taken during the Photoshoot/Trip will be at the discretion of the Photographer, who will make every effort to comply with the Client(s)' requirements. 

- Special requests are not binding, and the Photographer cannot guarantee specific images or arrangements due to various factors, including weather and location availability.

- The Photographer is not liable for photographs not produced due to technical failures.

## 5. Payment

1. Andys Photography adopts a lenient approach to payments and does not require a deposit. Payment is to be made in cash on the day prior to the Photoshoot. (No online payments will be accepted unless agreed upon by the Photographer.)

2. Deposits are only required for the Wedding Package or if the Client has rebooked a Photoshoot after failing to attend a previous session without informing the Photographer within the designated time period (as outlined in Section 8).

   - A non-refundable booking fee, determined by the type of shoot selected by the Client(s), will confirm the booking and acceptance of these Terms and Conditions. This fee will be deducted from the total cost of the chosen Photoshoot/Trip package.

   - If full payment for the Photoshoot/Trip is not made within the specified timeframe, the Photographer reserves the right to cancel the booking, and no refunds will be given.

## 6. Expenses

The Client(s) are responsible for any extra expenses incurred by the Photographer due to changes to the original brief. These additional fees will be communicated in writing and are payable upon receipt of the invoice.

## 7. Changes to Shoot Location/Property

The Photographer reserves the right to change the property for one of a similar or higher standard if the originally booked accommodation becomes unavailable.

## 8. Bookings, Cancellation & Postponement

- A booking is considered firm upon written confirmation. If the Client(s) fail to cancel the Photoshoot/Trip within 48 hours of the shoot, no refunds will be provided.

- Booking has two steps: 

  1. **Step 1:** Clients book a date and time via the website (this does not confirm the booking). The Photographer will then approve or disapprove the chosen date and will contact the Client within 48 hours. If approved, the Photographer will provide information regarding the Photoshoot (e.g., locations, meeting points, number of participants, and confirmation of Terms & Conditions understanding).

  2. **Step 2:** If agreed, the Photographer will confirm the booking in writing. It is the Client’s responsibility to reply to this confirmation. Failure to respond within 24 hours will result in cancellation of the booking, with no refunds issued.

## 9. Force Majeure

- In the unlikely event of total photographic failure, liability is limited to a refund of fees paid for the Photoshoot only.

- For Trips, liability is limited to a refund of the shoot portion only.

- If the Photographer must cancel due to unforeseen circumstances (e.g., pandemic restrictions, government travel restrictions, sudden illness, etc.), the Client(s) will be offered a place on an alternative shoot/trip of similar or higher value or will receive a credit note for the full cost (valid for 12 months). No refunds will be issued.

- The Photographer is not liable for any associated costs incurred by the Client(s) (e.g., travel, accommodation, MUA bookings). Clients should ensure they have appropriate insurance.

## 10. Personal Accident

Any directions given during the Photoshoot are followed at the Client(s)’ own risk. The Photographer is not responsible for personal accidents occurring during the Photoshoot/Trip.

## 11. Delivery

- Estimated delivery times for digital files will be provided at booking but are not guaranteed. The Photographer reserves the right to extend the delivery date without penalty.

- Specific delivery dates must be agreed upon in writing at the time of booking.

## 12. Variation

These Terms and Conditions cannot be varied unless agreed in writing with the Photographer (Andrew at Andys Photography) prior to booking.

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By proceeding with your booking, you confirm that you have read, understood, and accepted these Terms and Conditions. For any queries or clarifications, please contact us before confirming your booking.