TERMS & CONDITIONS
APPLICABLE LAW
The laws of England and Wales shall govern this agreement. These Terms and Conditions shall not be varied except by agreement in writing.
In the event of any conflict between these terms and conditions (including those relating to the time of payment) and those issued or submitted by the Client and in the absence of any contrary agreement in writing these Terms and Conditions shall prevail.
THE BOOKING FEE
The booking fee of is due in full by the client at the time of booking in order to secure the appointment. The Photographer will not hold any dates open without booking fee payment.
PAYMENT
Hayley Scott Photography will not start any gallery retouching/editing on finalised images until all final balance has been paid. The remaining balance is due on the date of your scheduled session.
PRICING
All prices are subject to change without notice by the Photographer. No consideration will be given to previous clients regarding product pricing, availability, or session fees.
(Prices/collections valid at the time of paying deposit/booking will be honoured).
CANCELLING THE SESSION
In the event of an illness or misadventure, please call as soon as possible to reschedule. Hayley Scott Photography maintains the right to reschedule at any time should it become necessary but will do her upmost to negotiate a mutual acceptable rebooking. The request must be made no later than 24 hours prior to the start of the photography session.
If you have a sick child and you try to keep the appointment, Hayley Scott Photography will most likely request that you reschedule if it is noticed that your child is sick. Sick or uncomfortable children do not like to be photographed and we know that you will not love your images nearly as much as if he or she was in good health. The session can be transferred to a new date at the convenience of both parties.
If the Photographer has to cancel the appointment due to illness an alternative date will be offered where possible. Where not possible, the photographers liability shall be limited to a full refund of the session fee.
For cake smash sessions where the Photographer has commissioned a custom cake, a fee of £35 will be charged towards a new cake if the session can not be moved to the next day or day after because of prior bookings or the child remains ill.
ELECTRONIC DEVICES
Personal cameras, camera phones, camcorders or any other recording equipment is NOT permitted during any session, either in the studio or on location, without the express permission of Hayley Scott Photography.
SESSION / FULLFILMENT OF OBLIGATIONS
a) The images on this site are from a large number of sessions and it is not possible to offer every pose or set up in each session. Every session is unique to each client. If a particular pose, prop or photo is wanted, the Client will discuss any requests before the day of the session. The Client understands and accepts that the photographic coverage will be as Hayley Scott Photography professional expertise determines.
b) Special requests are not binding instructions although every effort is made to comply with the Client’s wishes. In the event of an unsettled baby, some requested props or poses may not be suitable and the Photographer will use alternative props or poses. Please note, not all poses and shots are guaranteed.
The Photographer will end the session at her discretion when it is determined that adequate images in terms of quality and quantity have been captured. There will be no refund or credit for unused time.
c) If the Client fails to read the supplied session information, and therefore fails to carry out required preparations prior to a session, or fails to arrive promptly for a session, Hayley Scott Photography will not be held responsible for any resulting reductions in quality or quantity of images supplied.
Hayley Scott Photography will hold no liability in the event that the content and/or presentation of the images are not satisfactory to the taste of the Client.
EDITING, IMAGE PRODUCTION AND HANDLING
Although Hayley Scott Photography will do its best to produce more images than discussed with the Client there is no guarantee that any particular number of images will be produced. However, if the subject, child or baby won’t settle or co-operate resulting in little or no images taken then the Photographer cannot be held responsible. In this instance the Photographer will offer the chance to re-shoot at a time suitable for both parties, although for newborn sessions it cannot be guaranteed that it will be in the 2 weeks time frame.
a) Save as otherwise agreed between the Client and the Photographer, the Photographer shall be entitled to use its judgement regarding the style and artistic input in the production of pictures. This includes but is not limited to locations, poses and number of images taken. Due to the vagaries of weather and the willingness of subjects it may not be possible to capture all the pictures requested, or images to the clients full expectations. The Client is responsible for all children at all sessions.
b) Hayley Scott Photography edits images at Hayley Scott Photography’s discretion before presenting to Client. Additional edits are carried out at the discretion of Hayley Scott Photography, and Hayley Scott Photography reserves the right to charge the Client for additional editing to cover time involved, at a rate of £25 per image.
c) Hayley Scott Photography has turnaround time of 2 weeks from the date of your session. Please bear this in mind when booking. This period can be extended for busy periods like Christmas or summer holidays. The number of edited images provided in an online viewing gallery will vary according to the package you have chosen.
HEALTH AND SAFETY
1. Cake Smash. The Photographer includes a professionally made custom cake with all of her cake smash packages. The client is welcome to bring their own cake and will need to notify the Photographer 2 weeks before the photoshoot date. The photographer will deduct £49 off the chosen cake smash collection.
In the case of a Cake Smash/1st birthday session for which the photographer is supplying the cake, it is the responsibility of the client to make Hayley Scott Photography aware, at least 14 days prior to the photography session, of any relevant allergies that the child may have. In this event Hayley Scott Photography will not supply the cake and instead the Client is responsible for supplying the cake.
The photographer will not be held liable in the event that a child is found to be allergic to any of the ingredients used to make the cake. The cake will include dairy and egg products. The cake is not gluten free. Items may contain or have come in contact with nuts.
The client understands that use of bright coloured butter-icing may stain skin for a short while and subjects clothes. The photographer will not be liable for any clothes stained.
2. Children. The Client is responsible for the children’s safety during the photography session. The Client must therefore ensure that a responsible adult, other than the Photographer, is present at all times to supervise the children.
COPYRIGHT/PRINT RELEASE & ARTWORK
Hayley Scott Photography is the rightful copyright owner of the digital images taken during your sessions. Hayley Scott Photography authorises the owner the right to reproduce the images and make an unlimited number of prints for personal use only.
Original copyright remains with the photographer. The images may be printed but not altered or edited in any way other than by the photographer and alterations is a violation of the copyright.
All images produced by Hayley Scott Photography are done on a fully calibrated monitor, and all prints will be a true reflection of the editing carried out by Hayley Scott Photography. Hayley Photography will not be held responsible for variances in images caused by clients viewing images on non calibrated screen, monitor and electronic devices where colour calibration and brightness has not been calibrated. To ensure images are seen as intended it is advised that client views them at Hayley Scott Photography studio. Hayley Scott Photography is not responsible for the print quality of other print labs the Clients use.
Please note that we do not provide raw/ unedited images.
Once you have purchased digital files you are granted a personal licence to use your images for your own individual use only. These images are not to be sold or given to any third parties without prior written consent. For group images such as school proms, playgroup photos or school photos, parents, carers, family or legal guardians are welcome to buy their own copy of the digital image/print release for an extra fee.
COPYRIGHT AND LICENSING NOTICE
The images that are being provided to you are licensed to you for any reasonable personal purposes, including but not limited to: printing, copying, emailing, and web publishing. Your license does not include use that results in financial gain, including but not limited to: advertising, stock photography, print sale profits, or resale of any nature. Your purchase of the original files releases Hayley Scott Photography from any liability due to loss or damage of the images, and also releases Hayley Scott Photography from any obligation to maintain copies of any digital file, image, or photographs.
a) Online images. It is illegal to attempt to download, copy, snap shooting, saving, scanning and removing a watermark from any images from the Client’s gallery or any image taken and posted online by Hayley Scott Photography for any reason.
Hayley Scott Photography retains all copyrights to the images and derivative works there of. By using any the images of your session, you are agreeing to the above terms.
ADVERTISING
Your images may be used for advertising and marketing purposes. This is for the sole purpose of promoting my photography so that prospective clients can see the style of the images I create and decide if I am the right photographer for them. This can include promotional material such as leaflets and posters, in this website and other digital advertising of my services and social media forums such as Instagram, Pinterest and Facebook.
DATA PROTECTION
The Photographer will store the Clients name, contact details and session information privately and will not share these with any other business or organisation.