The Photographer: Pixel Photos
The Client: Any person, body of persons, firm, or Company with whom the Photographer enters a contract for the sale of goods or provision of services by the Photographer.
Session Fee: Price includes but is not limited to The Photographer’s time: time spent preparing for the shoot, time spent during the shoot, and time spent printing the product. Preparing: Includes but is not limited to time e-mailing and setting up studio. During Shoot: Standard Sessions at the mobile studio in the style of and in keeping with company standards of decency and quality, and are up to 20 minutes. Also included in the session fee is general expense and wear and tear of props and equipment (including but not limited to memory cards, lighting, light stands, diffusers, light bulbs, camera, lenses, and printing equipment).
Booking and Rescheduling
The £24.95 booking deposit, required of all sessions, is non-refundable. Clients are permitted one rescheduled session if the rescheduling request is made at least 48 hours before the session. Due to the mobile nature of the business, the Client understands that any reschedules may need to be at a different location. After one permitted rescheduling, any further rescheduling will require an additional booking fee of £24.95 to hold the time slot.
Sole Photographer During Sessions
During your photography session with Pixel Photos, the Photographer will be the ONLY person permitted to take photos. Parents, friends, family and anyone else attending the session are NOT permitted to take any photo with cameras, camera phones, tablets, etc. Doing so will result in instant cancellation of the session and the Client will be asked to leave.
Copyright and Reproduction
Pixel Photos (The Photographer) shall own the full copyright and intellectual property on all images created and shall have the exclusive right to make reproductions and edits of any kind. By book a session at Pixel Photos, you are giving permission for your child to be photographed by Pixel Photos, and understand that all rights associated with this are owned by Pixel Photos. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, website, social media or for display within or on the outside of the Photographer’s studios.
When purchased, Client receives a license for personal use only. By purchasing (the "Work") the photographer hereby grants the Client the non-exclusive right to use, reproduce and distribute the copyrighted Work for personal non-profit purposes. You are prohibited from using the Work for any other purpose, including: using, reproducing or distributing the Work for profit or in any form of business activity.
When purchased, the Client has the right to reproduce digital images for personal use only. Personal use includes gifting to friends and family members, but does NOT include use relating to or promoting any business activity. Digital photos are permitted on personal non-profit social media platforms, alongside a credit and tag, whereas posting to a business page or using the Work for any other purpose is prohibited. The Client is permitted to reproduce digital images for personal use only but is not permitted to edit, crop, retouch, or alter the digital image in any way as this is a misrepresentation of Pixel Photos work and brand.
By agreeing to the Terms & Conditions herewith, you are confirming that you are the legal guardian of any child under 18 who is attending a Pixel Photos photo shoot. It is the Client’s responsibility not to misrepresent their legal status to any children being photographed. Any deception in regards to this matter will result in immediate termination of the session, deletion of all images taken and legal proceedings.
Booking Fee and Payment
The Client shall pay the booking fee to retain the Photographer to perform the services specified. Pixel Photos accepts all major credit cards and payment shall be made via the online booking form. Additional payments shall be made after the photo shoot should the Client purchase additional product.
The Client is obtaining photography services for personal use only, and shall not sell said prints. The Client is never permitted to edit, alter, copy or reprint any print that is copyright of Pixel Photos. The Client is permitted to reproduce digital images for personal use only but is not permitted to edit, crop, retouch, or alter the digital image in any way.
The Client is aware that color dyes in prints may fade or discolor over time due to the inherent qualities of dyes and exposure to sunlight. The Client releases Photographer from any liability for any claims whatsoever based upon the deterioration due to such inherent qualities. Additionally, The Photographer is not responsible for inevitable low-quality resulting from Client printing from any and all non-professional printing labs.
Failure to Perform
If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform owing to the children being unruly and not adhering to necessary instruction in order to carry out the service, the Photographer shall have no liability whatsoever or obligation to reschedule the session.
The Client must handle their prints and digital product with extreme care. Damage or loss incurred as a result of improper handling, storing, framing or hanging is the responsibility of the Client.
Pixel Photos reserves to right to terminate coverage of this contract, and leave the location of the event(s) if the Photographer experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the event(s). In such circumstances, the retainer fee and any deposits paid will be non-refundable and legal proceedings shall be undertaken.
If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
Facebook Sharing and Other Social Media
This agreement will serve to allow posting photos to social media sites, only in the case that Pixel Photos are credited and tagged, and that photos are not altered with editing or filters. Clients are permitted to click the “share” button on any photos posted to Pixel Photos Facebook page. Pixel Photos reserves the right to have any of their images removed from any website or servers deemed inappropriate, without permission or notification to the Client.
Pixel Photos reserves the right to edit and release only the images that are deemed creditable and professional in quality and within Pixel Photos’ standards.
The Client has the opportunity to select a 10” x 8” print from their shoot. Additional portraits will be available to purchase at the photo shoot for which payment must be immediately made. Additional portraits will be available to purchase after the photo shoot for three months only and for additional cost via online gallery.
The Photographer has no further obligations following payment and acceptance of the product. Removal of product from the studio equates to acceptance of said product and no refund will be approved thereafter.
WHAT DO WE DO WITH YOUR PERSONAL INFORMATION?
We gather and use certain information about individuals in order to provide products and services and to enable certain functions on this website. We collect personal data from site registrants. If you provide your data and give us permission, we will use your data to maintain e-mail, telephone and offline contact with you. We also collect information to better understand how visitors use this website and to present timely, relevant information to them.
WHAT CHOICES DO I HAVE ABOUT HOW MY DATA IS USED?
You may opt out of receiving information from us by e-mail, telephone, fax or post.
To exercise your choices, indicate your wishes on the registration form, unsubscribe using the link in our emails, call 07546 987 017, or email us at firstname.lastname@example.org.
You may request a copy of the information held about you by writing to: Pixel Photos, Castlebrae Business Center, 40 Peffer Place, Edinburgh, EH16 4BB
WHAT DATA DO WE GATHER?
We may collect the following information:
Contact information including email address
Demographic information such as postcode, preferences, your children’s names and ages
Website usage data
Other information relevant to customer enquiries
Other information pertaining to special offers and competitions
HOW DO WE KEEP DATA SECURE?
We take appropriate steps to maintain our contact information in a secure environment to prevent unauthorised use. Our processors are bound by contract to do the same.
DATA RETENTION POLICY
Photographs taken by Pixel Photos will be stored for 3 months only, after which they will be deleted, and no repeat or additional purchase from the shoot will be possible.
Customer data, including but not limited to contact details will be held on our database indefinitely unless requested otherwise. Customers have the opportunity to unsubscribe, change their preferences or have all their data, including images, removed from the studio’s system at any time.
HOW DO WE USE THIS INFORMATION?
Collecting this data helps us understand what you are looking for from the company, enabling us to deliver improved products and services.
Specifically, we may use the data:
For our own internal records
To process online orders and online registrations forms
To improve products and services
To contact you in response to a specific enquiry
To send you promotional emails or call you about products, services, offers and other things we think may be relevant to you.
To contact you via email, telephone or mail for market research reasons
CONTROLLING INFORMATION ABOUT YOU
When you fill a form or provide your details on our website, you have agreed that we can use your information for marketing purposes, you can change your mind easily, via one of these methods:
Send us an email to Pixel Photos
Write to us at Pixel Photos, Castlebrae Business Center, 40 Peffer Place, Edinburgh, EH16 4BB
We will never lease, distribute or sell your personal information to third parties unless the law requires us to.
Any personal information we hold about you is stored and processed under our data protection policy, in line with the Data Protection Act 2018.
We will always hold your information securely.
To prevent unauthorised disclosure or access to your information, we have implemented strong, physical and electronic security safeguards.
We also follow stringent procedures to ensure we work with all personal data in line with the Data Protection Act 2018.
WHAT HAPPENS WHEN THIS POLICY CHANGES?
Changes may be necessary to this policy to reflect legal or data processing developments. If we change the policy, we will provide information on our website so that users can review the changes. Any significantly different use of your data will be communicated to you and you will be able to choose whether you agree to the new use.
HOW YOU CAN REACH US
If you have any questions about this policy, please
write to us at Pixel Photo, Castlebrae Business Center, 40 Peffer Place, Edinburgh, EH16 4BB or email
Phone: 07546 987 017