TERMS AND CONDITIONS

INTRODUCTION

This page details the Terms and Conditions for Mak Freeman Photography. These Terms apply to all photography services and photoshoot bookings.

Thank you for choosing Mak Freeman Photography, referred to throughout these Terms as "I", "me", "my" or "the photographer".

The person making the booking is referred to as "you" or "the client".

Please read these Terms and Conditions carefully before booking. They explain your rights and responsibilities, including booking payments, cancellations, rescheduling, image delivery and the use of photographs.

I am always happy to answer questions or concerns regarding these Terms before you proceed with a booking.

I reserve the right to amend or update these Terms at any time. The version applicable to your booking will be the version agreed when your booking was made, unless any subsequent changes are mutually agreed in writing.

These Terms, together with your booking confirmation and any individually agreed written arrangements, form the agreement between the photographer and the client.

Any changes to the agreement must be confirmed in writing.

If any provision is found to be invalid or unenforceable, the remaining provisions will continue to apply.

These Terms are governed by the laws of England and Wales, without limiting any mandatory consumer protections that may apply.

Nothing in these Terms affects your statutory rights.

1. ACCEPTANCE OF TERMS

By completing a booking and expressly accepting these Terms through the booking system, you confirm that you have read and understood the applicable booking conditions.

Where bookings are arranged directly through email, telephone or social media, these Terms will be provided or made accessible before the booking is confirmed.

Payment of a booking fee or deposit, together with clear notice of these Terms and your agreement to proceed, may constitute acceptance of the contract.

You will receive confirmation of your booking, including the agreed date, service and applicable payment arrangements.

Where a dispute arises, both parties agree to attempt to resolve the matter amicably in the first instance.

This does not restrict either party's statutory or legal rights.

2. BOOKING AND RESERVATIONS

A photoshoot booking is confirmed once the required booking payment has been received and confirmation has been issued.

Once confirmed, the agreed date and time are reserved for your session.

This may involve declining other bookings, preparing photography equipment, arranging travel and booking studios or private venues.

The booking confirmation will specify the photography package, agreed price and any applicable studio or venue hire charges.

The booking payment will be credited towards the total cost of the photoshoot.

Booking payments and deposits are subject to the cancellation provisions in these Terms. Any amount retained following cancellation must reflect reasonable losses and applicable consumer law.

Booking a photoshoot does not automatically guarantee access to a specific venue where circumstances beyond the photographer's control prevent its use. In such circumstances, reasonable alternative arrangements will be discussed with the client.

3. PRICES AND PAYMENTS

The price of your photoshoot is agreed at the time of booking.

All prices are quoted in pounds sterling.

The photography fee, deposit, remaining balance and any additional studio or venue hire charges will be communicated before your booking is confirmed.

Prices displayed on the website, brochures or promotional materials may change without prior notice. However, changes will not affect an existing confirmed booking unless otherwise mutually agreed.

Unless an alternative payment schedule has been agreed in writing, the remaining photoshoot balance is due 48 hours before the scheduled photoshoot.

Payment may be collected automatically where a valid payment authorisation has been obtained or paid manually through an invoice, payment link or bank transfer.

The remaining balance must be cleared before the photoshoot begins.

Where a payment fails or is declined, the client will be contacted to arrange an alternative payment method.

If the agreed payment remains outstanding, the photographer may suspend or postpone the session after providing reasonable notice and an opportunity to resolve the issue.

Where a client fails to fulfil their payment obligations and the booking cannot proceed, any cancellation charges will be assessed in accordance with the cancellation provisions below.

All photoshoot sessions must normally take place within twelve months of the original payment date, unless otherwise agreed in writing or required by law.

4. AUTHORISED CARD PAYMENTS AND STRIPE

Payments may be processed securely through Stripe or another approved payment provider.

Where a client expressly authorises the storage and future use of a payment method, the photographer may collect the agreed outstanding balance automatically or manually through the payment provider.

Unless otherwise agreed, the remaining photoshoot balance is scheduled for collection 48 hours before the confirmed session.

The client's payment authorisation must clearly explain the amount to be collected, the timing of the payment and the purpose of future charges.

Where the client has separately and expressly authorised cancellation related charges, reasonable amounts properly payable under these Terms may also be collected using the authorised payment method, within the scope of that authorisation.

Any cancellation related charge must reflect reasonable recoverable losses and must not constitute an excessive penalty.

The client will be informed of the charge and the reason for it.

Where additional payment authorisation is required, an invoice or secure payment request will be issued.

The photographer will not charge a saved payment method outside the scope of the client's authorisation.

Clients may contact the photographer to discuss an outstanding payment, request clarification or raise a dispute.

Payments are processed in accordance with applicable payment regulations, card network requirements and Stripe's terms.

5. RESCHEDULING AND CANCELLATIONS

I understand that unexpected circumstances arise and will always aim to be reasonable and accommodating wherever possible.

Clients are asked to provide at least 14 days' notice when requesting to reschedule a photoshoot.

One reschedule may be offered without an additional photography rescheduling fee, provided sufficient notice is given and a mutually suitable date can be arranged within three months of the original session.

Rescheduling remains subject to availability and written confirmation.

Additional studio or venue hire charges may apply where the original venue booking cannot be transferred or refunded.

These costs will be explained before a new date is confirmed.

Requests to reschedule within 14 days of the scheduled photoshoot may be treated as a late rescheduling request and may involve reasonable additional charges.

Where the client wishes to cancel rather than reschedule, any payment retained or additional amount charged will reflect reasonable losses directly resulting from the cancellation.

Such losses may include unavoidable venue charges, reasonable preparation expenses and loss of earnings where the reserved session cannot reasonably be filled by another booking.

Any costs saved by not providing the service, refunds received from suppliers or replacement bookings will be taken into account.

The photographer will take reasonable steps to minimise losses.

Any refund due after the calculation of reasonable cancellation charges will be returned to the client.

Nothing in this section removes any statutory cancellation or refund rights.

6. LAST MINUTE CANCELLATIONS AND NO SHOWS

A last minute cancellation occurs when a client cancels within 48 hours of the scheduled photoshoot.

A no show occurs when a client fails to attend a confirmed photoshoot without notifying the photographer beforehand.

Late cancellations and no shows can cause significant losses because the photographer has reserved the agreed time, prepared for the session and may have paid for studio hire, travel or other arrangements.

Where a client cancels within 48 hours of the photoshoot or fails to attend, the photographer reserves the right to retain payments already made and seek payment of any additional amount reasonably necessary to cover losses directly resulting from the cancellation.

These losses may include:

Studio or venue hire charges that cannot reasonably be recovered.
Reasonable expenses incurred in preparing for the photoshoot.
Loss of earnings from the reserved session where a replacement booking cannot reasonably be secured.
Other reasonable and unavoidable costs directly connected with the cancelled booking.

Any charge will take into account costs saved, supplier refunds, replacement bookings and reasonable steps taken to reduce the loss.

The full outstanding photoshoot balance may remain payable where the photographer's reasonable recoverable losses justify that amount. Full payment is not imposed automatically as a penalty.

Any previous deposit or advance payment will be credited against the total amount properly payable. The same loss will not be charged twice.

Where appropriate, the photographer may offer a new photoshoot date as a gesture of goodwill.

Any alternative arrangement will be subject to availability and written agreement.

7. STUDIO AND VENUE HIRE

Certain photography packages include private studio hire or access to exclusive venues.

Studio and venue bookings are often secured in advance and may be subject to separate cancellation policies imposed by the venue provider.

Where a client cancels or requests a reschedule after studio hire has been arranged, reasonable and unavoidable venue charges may form part of the cancellation or rescheduling costs.

If the venue provides a refund or permits the booking to be transferred without an additional charge, this will be reflected in the amount payable by the client.

If a new studio booking is required, the cost of the replacement venue hire will be communicated and agreed before the new session is confirmed.

Where appropriate, the photographer may offer an alternative photoshoot in a public gym, outdoor location or another suitable setting.

Any revised arrangements, including additional costs or changes to the service, must be mutually agreed.

8. UNEXPECTED CIRCUMSTANCES AND TRAVEL DISRUPTIONS

I understand that unexpected situations can arise, including illness, family emergencies, adverse weather conditions and transport disruption.

Clients should notify the photographer as soon as reasonably possible if an event may affect their ability to attend.

Where transport has been cancelled or significantly disrupted, the photographer may reasonably request supporting information when considering discretionary rescheduling arrangements.

Providing such evidence does not automatically guarantee a refund or a free reschedule.

Any cancellation charges will depend on the circumstances, reasonable losses and applicable consumer law.

Where circumstances make the photoshoot impossible or legally unable to proceed, both parties' rights and obligations will be assessed under applicable law.

The photographer will always seek to find a reasonable solution where possible.

9. CANCELLATIONS BY THE PHOTOGRAPHER

In the unlikely event that the photographer is unable to provide the agreed photography services due to serious illness, injury, equipment failure or other unavoidable circumstances, the client will be notified as soon as reasonably possible.

Where practical, an alternative date or suitable replacement photographer may be offered.

The client is not required to accept a materially different service or replacement arrangement.

Where the agreed service cannot be provided and no suitable alternative is accepted, the client will receive a refund of the relevant photography fees paid for services not provided, subject to applicable law.

The photographer will not impose a cancellation fee where the cancellation is the photographer's responsibility.

10. COPYRIGHT AND OWNERSHIP

The photographer asserts the moral right to be identified as the creator of the images in accordance with the Copyright, Designs and Patents Act 1988.

Unless otherwise agreed in writing, purchasing photographs grants the client a personal, non exclusive licence to use the delivered images for personal purposes, including sharing on personal social media accounts.

Commercial usage, advertising, resale, third party licensing or other uses outside the agreed licence require written permission.

Unauthorised copying, reproduction, distribution, modification or commercial use of copyrighted photographs is prohibited.

Preview images, proof galleries, watermarked photographs and other materials supplied for image selection must not be downloaded, reproduced, screenshotted, screen recorded, altered or distributed without permission.

Purchased and fully paid images may be shared in accordance with the agreed licence.

When sharing photographs publicly, clients are kindly asked to credit Mak Freeman Photography and, where practical, provide a link to makfreemanphotography.com.

11. MARKETING AND PROMOTIONAL USE

Photography forms an important part of my portfolio and creative work.

I may ask clients for permission to use selected photographs for my website, social media, portfolio, advertising, editorial features or other promotional materials.

Where permission is required, this will be obtained separately and clearly from the client.

Clients may choose not to authorise promotional use without affecting their ability to book photography services.

Any agreed limitations on image publication or promotional use will be respected.

Requests relating to personal information or images will be handled in accordance with applicable data protection law and the Privacy Policy.

12. MODEL CONSENT

Clients and other participants may be asked to complete a separate model release or image usage agreement where appropriate.

This document may specify whether photographs can be used for portfolio, promotional, advertising or commercial purposes.

Permission relating to adults does not automatically apply to children or other participants.

Where necessary, appropriate consent or other lawful authorisation must be obtained.

Participation in a photoshoot does not automatically constitute unrestricted permission for commercial use of a person's likeness.

13. IMAGE DELIVERY

Edited photographs will be delivered through a private online gallery, secure download link or another agreed delivery method.

Estimated delivery times will be communicated to the client.

Delivery estimates may vary due to workload, seasonal demand or unforeseen circumstances.

The photographer will use reasonable care to deliver the agreed services within a reasonable time.

Final edited images will not be released until all agreed payments relating to the delivered service have been received, subject to the client's statutory rights.

Clients are responsible for downloading and securely storing their photographs after delivery.

14. IMAGE EDITING

Basic retouching is included in photography packages unless otherwise stated.

This generally includes colour correction, light skin retouching and general image clean up in the photographer's established editing style.

Advanced retouching, including body reshaping, extensive skin modification, background replacement, object removal or significant image manipulation, is not included unless expressly agreed.

Additional editing services may incur an additional fee, which will be communicated before the work is carried out.

Although reasonable care is taken during editing, not every temporary mark, clothing crease, stray hair or other detail can be removed.

Clients are responsible for preparing their appearance, outfits and accessories as they wish them to appear in the final images.

15. CREATIVE LICENCE

By booking a photoshoot, the client acknowledges and accepts the photographer's established artistic style as demonstrated through the portfolio and published work.

The photographer retains creative control over photography techniques, lighting, composition, image selection, colour grading and editing methods, while taking reasonable account of any specific requirements agreed in writing.

Final images will be produced in a style reasonably consistent with the photographer's portfolio and the agreed photography services.

Specific poses, reference photographs or artistic results cannot be guaranteed unless expressly agreed.

Nothing in this section limits the client's statutory rights where services are not performed with reasonable care and skill or do not meet agreed requirements.

16. IMAGE ARCHIVING

Photographs and associated files will normally be retained for up to three months following the photoshoot.

After this period, files may be permanently deleted as part of the photographer's regular storage management.

The photographer does not guarantee indefinite storage of image files unless otherwise agreed.

Clients are responsible for downloading and securely backing up their photographs after delivery.

Personal data and images will be retained or deleted in accordance with applicable data protection requirements and the Privacy Policy.

17. PHOTOGRAPHER'S OBLIGATIONS

I will provide the agreed photography services with reasonable care, skill and professionalism.

I will make reasonable efforts to arrive at the agreed location on time, prepare the necessary equipment and carry out the photoshoot as agreed.

I reserve the right to pause or discontinue a session where there is a genuine concern involving health, safety, abusive behaviour or the wellbeing of any person involved.

Where a session cannot continue, any payments or refunds will be assessed according to the circumstances and applicable law.

18. CLIENT'S OBLIGATIONS

The client agrees to cooperate reasonably with the photographer and provide information necessary to prepare for and conduct the photoshoot.

Clients are responsible for attending at the agreed date, time and location.

Clients should arrive suitably prepared with the clothing, accessories and other items required for their chosen photography session.

Clients must behave respectfully towards the photographer, venue staff and other participants.

Any special requirements, accessibility needs or relevant restrictions should be communicated as early as reasonably possible so suitable arrangements can be considered.

Failure to attend may result in cancellation charges as described in these Terms.

19. LIABILITY

The photographer will use reasonable care and skill when providing photography services.

In the event of equipment failure, accidental image loss, illness or another issue affecting delivery, the photographer will discuss reasonable remedies with the client, including replacement services or an appropriate refund where required.

The photographer will not be responsible for losses caused solely by circumstances outside their reasonable control where the law permits this limitation.

The photographer is not responsible for the independent acts or omissions of third party suppliers unless responsibility arises under applicable law.

Clients are expected to follow reasonable safety instructions during photoshoots and inform the photographer of any relevant concerns.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or any other liability that cannot legally be excluded.

Nothing in these Terms removes or restricts any rights or remedies available to consumers under applicable law.

20. DATA PROTECTION AND PRIVACY

Personal information is collected and processed for legitimate business purposes, including managing bookings, communicating with clients, processing payments and delivering photography services.

Personal data will be handled in accordance with applicable UK data protection legislation.

Payment information is processed securely through approved payment providers, including Stripe where applicable.

Further details about the collection, use, storage and protection of personal data are available in the Privacy Policy on the website.

21. PAYMENT DISPUTES AND CHARGEBACKS

Clients are encouraged to contact Mak Freeman Photography directly if they have concerns about a payment, cancellation fee or booking arrangement.

Where a card payment is disputed through a bank or payment provider, the photographer may submit relevant information and evidence to demonstrate the booking agreement, payment authorisation and services or arrangements made.

This may include booking confirmations, the applicable Terms and Conditions accepted at the time of booking, payment records, relevant correspondence, venue hire invoices and supporting evidence of reasonable cancellation losses.

Any personal information disclosed as part of a dispute will be limited to what is reasonably necessary and handled in accordance with applicable data protection requirements.

Clients retain all rights to dispute payments through their bank, card issuer, payment provider or other lawful channels.

The final determination of a payment dispute remains with the relevant bank, payment provider or competent authority.

Nothing in these Terms restricts lawful chargeback rights or other statutory remedies.

22. INSURANCE

Mak Freeman Photography holds Public Liability Insurance.

23. CONTACT DETAILS

Mak Freeman Photography

Email: hello@makfreeman.com

Telephone: +44 7507224270

Website: makfreemanphotography.com

United Kingdom