Terms & Conditions

Pod Photography

Pod Photography services are subject to the following terms and conditions.

By booking a session with Pod Photography, you are deemed to have read fully, and accepted these terms and conditions.

PHOTOGRAPHIC SERVICES
Photographic sessions can be provisionally requested from Pod Photography over the phone / text, Internet or via e-mail.

For sessions booked, an email confirmation will be provided, detailing session plans, locations, times, fees and delivery schedules.

PAYMENT
If your session is booked in advance, a £50 booking fee is required via bank transfer or Paypal is secure your session date, the remaining balance will be paid 2 weeks before your shoot. If your booking is made at short notice (less than one month) only a full cash payment is accepted on the day of the shoot. Which a receipt will be provided.

CANCELLATIONS
 The booking fee is non-refundable. If the photographer cannot perform this agreement due to a casualty, accident, illness, fire, act of God, terrorism, equipment malfunction or other cause beyond the photographer’s control, the photographer will offer a full refund to the client but shall have no further liability with respect to the agreement. If the photographer fails to perform for any other reason, the photographer is not liable for any amount in excess of money already received from the client. The photographer shall have no further liability for losses, including consequential losses, incurred by the client.

FINISHED PRODUCTS


An Online Viewing gallery is delivered approx. 2 weeks after the session. (This will vary depending how many images have been taken and workload). The image collection presented is final. Prints / orders will follow 1 - 2 weeks after online gallery (depending on post and time of year).

IMAGE MANIPULATION

Digital images are individually processed. Editing, retouching & enhancing is a part of the service offered, but the significant alteration of images may incur an additional charge based on time taken. In this case, costs will be agreed prior to the commencement of any retouching work. Images will vary in colour, tone, and have a mixture of black & white, sepia and other artistic styles. These styles are the best creative quality for each individual artwork.

As each image is treated as an individual artpiece the images will vary in shape and size to produce the best possible finished image.

If you have any issues with printing please do not hesitate to contact me with your requests and I will advise you, or re-format the image to fit your frame. This will change the look of the image as borders will be added, but the actual image will not change shape or be cropped. We recommend using a professional printers as we can not be responsible for the printers changing colours, tones and formats of images. Pod Photography does provide a professional printing service for top quality images and products.

COPYRIGHT


Copyright for all images is owned by Pod Photography.

COPYRIGHT
FAQs

If I’ve paid for the photographer, do I own the pictures?
No. Paid or unpaid, the photographer owns every image they take. Unless you have a specific document granting permission (a License) it’s illegal to copy or modify any piece of work.

A photographer has published a photograph of me and my young daughter at a local event on their website and in a magazine.

Concerning images captured in locations where there can be no reasonable expectation of privacy, the photographer does not need the permission of the individual(s) who appear in that photograph in order to publish it on their website, in a newspaper, textbook or in a magazine.  The general term for such usage is ‘editorial’ and the photographer can pass on or sell their work for that purpose (and may use the images for the purpose of artistic expression). Good examples include news reporters, event photographers and of course paparazzi. The same rights extend to all photographers, amateur or professional. Contrary to what most people think, there is no separate law governing the taking of or publication of images of minors (providing the image is not used to depict the indecent exploitation of children).

I have just bought a USB stick/ DVD of images of my wedding / event, and the florist and hairstylist have asked me for some pictures
Unless you’re the photographer (copyright holder) you can’t pass the photos (in any format) to anybody for use in connection with a business or service, nor can you distribute copies of the disc or any images on it. This is because the images are licensed to you, the client, for personal use only. You’ll need to ask the vendor to contact the photographer who’ll be happy to help.

I had a family portrait session recently and the photographer has posted some of our pictures on his blog – as they are pictures of us nobody but us should see them
The images are the property of the creator, who holds title to their work. However if a person has commissioned the photography for private or domestic use (s.85 of the Copyrights Patents and Designs Act 1988) then they, the client, do have certain rights and they may request prior to booking their session that the images are not published or displayed to the public. As I’ve already mentioned in the wedding question, it is normal for portrait and wedding photographers to have clauses built into their Contracts stating that they, the Copyright holder, reserve the right to use their photographs within their portfolios, in magazines and for competitions etc – this is because photographers cannot get work unless they have recent or relevant images to show to prospective customers. If the client’s circumstances are particularly sensitive the photographer must be informed prior to commencement of the sitting (or wedding) so that the clause can be amended or removed from the Contract (or the photographer might advise the client to go elsewhere if the terms are not negotiable). Where the client was made aware of the existence of the terms (irrespective of whether he/she actually reads them or not) and has commenced with the photographer’s services, then the client is bound by the terms they have agreed to. They form part of the contract between the client and the photographer. So the client could not insist, after the fact, that the photographer couldn’t use the  images for those purposes.

It is extremely unusual for a client to ask their photographer not to display the images from their shoot or wedding, such exceptions normally only arise where the subject(s) are military personnel or where the subject(s) are involved in sensitive legal proceedings.

LIABILITY
Pod Photography shall not be held liable for any misuse or misrepresentation of the images provided. Neither can it be held responsible for any losses to the client caused by the misuse of the finished material. Image Reproduction: Owing to photochromatic anomalies caused by a combination of certain dyes and materials, especially in man-made fibres, it is sometimes impossible to record on camera the exact colour of materials as perceived by the human eye. When processing images, the photographer will endeavour to achieve a pleasing overall colour balance based on natural flesh tones. It is understood that some colours may not remain consistent throughout a set of photographs owing to variations in lighting conditions. It is also understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not be identical over the whole range within a subject. The colour balance of prints made at different times or in varying sizes may also be variable.
Due to the limitations of computer monitors it is understood that images may appear differently according to the specification of each monitor and that prints will not match images rendered on any particular computer monitor. Where images are made available for use on a DVD player reasonable steps are taken to ensure compatibility, but DVD discs may not play on all DVD players, particularly older models.
 We use only quality branded USBS, CDs and DVDs, ensuring each is checked before dispatch, but it remains the responsibility of the clients to check discs for in-transit damage. The photographers cannot be held responsible for damage to equipment resulting from defective media. All print and presentation sizes quoted are approximate and subject to the discretion of the photographers. Pod Photography will not be liable for any slips, trips or falls. We will make the client aware of all trailing cables and equipment being used.

The photographer is solely responsible for the artworks, not the model themselves.

REJECTION

There is no right to reject the Photographs on the basis of style or composition nor to reject the Photographs on the basis of any alleged discrepancy between the colours of the photographic image and the actual colours of the subject matter of the Photographs if any such discrepancy arises by virtue of technical deficiencies in the film or digital processes. All digital files supplied are for visual guidance only. The Photographer shall not in any circumstances be liable to the Client for any loss, whether direct or indirect, or for loss of profit, occasioned by the failure of any digital Photographs supplied to reproduce acceptably. However, please do not hesitate to contact us with regards to how these images can be printed and reproduced to the best standards possible.

PRIVACY POLICY
Pod Photography will not display or share client images with third parties before preview, without express permission from the client. Neither will it sell, share or provide any client details provided over the phone, in person, by post or by e-mail to third parties. Please read our full Privacy Policy further down this page.