In the following terms and conditions
“The Photographer” shall mean Jessie Nian Liu.
“The Client(s)” shall mean “You” the Parties to the Contract.
It is agreed that the following terms and contract set out the entire agreement between the parties and that no variation or modification of the contract shall be effective unless agreed by the Photographer in writing. Please read the terms and conditions carefully before making a booking.
DIGITAL AGREEMENT By completing online form with your details when you make purchases on jessienian.com, you hereby agree to enter into a contract with Jessie Nian Photography as detailed below. This contract complies with English Law and is subject to normal terms and conditions as a written contract would be.
1. Booking Fee and Payments
All payments on this website are processed automatically via PayPal, Strip or Square Appointments. Bank transfer and cash can also be accepted as a method of payment. Please contact us if you would like to pay using this method.
To secure your booking with the Photographer you are required to pay either a non-refundable deposit/session fee, or you have the option to pay in full when you place your order. We will email you to acknowledge your order and payment. The Client acknowledges that the booking fee is non-refundable or transferable in the event of cancellation by the Client.
After you have viewed your proofs gallery and chosen one of the packages or products, the final balance is required within 24 hours. If the final balance is not received then the Photographer may affect the delivery period. All optional additional goods are payable in full on ordering after the photo shoot.
2. Cancellation, RESCHEDULING and refund policy
Cancellation
In the unlikely event that the Client should need to cancel a booking the following will apply.
(a) Cancellation 7 days before the shoot: The non-refundable deposit is retained and final balance refunded.
(b) In the case where the Photographer is able to rebook the date with an equivalent booking, no cancellation fee will apply and the deposit and final balance will be refunded.
We may cancel your Photo Shoot for any reason prior to the Photo Shoot Date. We will then provide a full refund of the Total Session Fee, unless we agree a rescheduled Photo Shoot Date with you.
We may terminate your Photo Shoot on the Photo Shoot Date if we consider there are extenuating circumstances, for example, inappropriate behaviour or a Model is ill. We are not required to reschedule the Photo Shoot or refund any of the Total Session Fee to you in these circumstances.
Defective Items and Returns
We are under a legal duty to supply Packages and Artwork Products that are in conformity with these Terms and Conditions. You should check your delivered Package and Artwork Products and advise us in writing of any defects or errors as soon as possible. Nothing in these terms will affect your legal rights.
Order Cancellation
Your Photographs and Artwork Products are personalised for you so you do not have any right to cancel your order and we are unable to refund or offer an exchange if you change your mind. This doesn’t affect your statutory rights.
3. The Photoshoot
We will use all reasonable endeavours to hold the Photo Shoot on the Photo Shoot Date, at the Photo Shoot Location, subject to our cancellation, rescheduling and refund policy set out in section 8 below.
Due to the nature of the subjects of the photographs we take during your Photo Shoot (“Photographs”), we cannot guarantee any particular outcomes or guarantee the fulfilment of any specific requests for the Photo Shoot. However, we will conduct the Photo Shoot using professional skill and care.
In any event, we will endeavour to accommodate any reasonable requests from you regarding the artistic direction of the Photo Shoot, but the Photographer retains absolute discretion as to the nature of the Photographs.
A parent or guardian must be present at all times if we are photographing children. You must not take any photographs during the Photo Shoot without first obtaining permission from the Photographer.
4. How to order packages and artwork products
Following your Photo Shoot, we will prepare and make available a selection of proofs of the Photographs from your Photo Shoot (“Your Proofs Gallery”). At our option, we may present Your Proofs Gallery to you either in person or an online gallery. In either case, we aim to have Your Proofs Gallery ready within 14 days of the Photo Shoot Date, but during busy periods this timeframe may be extended.
The number of Photographs in Your Proofs Gallery will vary from session to session. We will take into consideration your specific requests as regards the contents of Your Proofs Gallery, but we retain absolute discretion regarding:
which Photographs we include in Your Proofs Gallery (it is acknowledged that not all Photographs taken during the Photo Shoot will be included); and
the application of any digital editing to any Photographs.
Requests you make for specific corrections to images, or re-editing of images, may attract additional costs. We also accommodate specialist or bespoke requests for retouching of Photographs at additional cost. We may need to refer certain retouching services to our third party partners. We will advise you of the costs upon request. Please note that we do not provide raw images.
If we offer an online gallery option, you may be invited to order from Your Proof Gallery through an online gallery after your presentation
Viewing Your Proofs From an Online Gallery
Your Proofs Gallery will be presented as an online gallery comprising low resolution web-sized watermarked files. We will advise you by email when Your Proofs Gallery is ready for you to view. Your Proofs Gallery will be available for 7 days from the date of the email. Unless otherwise agreed by the Photographer, you must make your selection of Photographs, Package and Artwork Products within this availability period. We reserve the right (at our option) to charge a fee for extending the availability of Your Proofs Gallery, or to delete Your Proofs Gallery and all Photographs if you do not place an order and pay the part of the Package Fee due at the time of placing the order during that time.
Your Proofs Gallery may be subject to password-protection. Only you may access Your Proofs Gallery. You are solely responsible for maintaining the confidentiality of any password we provide and you may not disclose your password to any other person. You agree to accept responsibility for all activities that occur through use of your password by a third party.
You acknowledge that:
(i) your access to and use of Your Proofs Gallery may be suspended during any unanticipated or unscheduled downtime or unavailability of any portion or all of our website, including as a result of power outages, system failures or other interruptions; and
(ii) we are entitled, without any liability to you, to suspend access to any portion or all of Your Proofs Gallery and/or our website at any time (a) for scheduled downtime to permit us to conduct maintenance or make modifications to Your Proofs Gallery or our website; (b) in the event of a denial of service attack or other attack on our website and/or our servers or other event that we determine, in our sole discretion, creates a risk to you or to any of our other users; or (c) if it is necessary or prudent to do so for legal or regulatory reasons (collectively, “Service Interruptions”).
Where practicable, we will endeavour to post updates on our website regarding any Service Interruption and resumption of service following any such suspension, but we are not liable for the manner in which we may do so or if we fail to do so and we shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Interruption.
5. All-inclusive packages: photographer selection of photographs
If you have selected an “all-inclusive package” option where we select the Photographs, we will take into consideration your specific requests as regards the Photographs to be included in your Package, but we retain absolute discretion regarding:
which Photographs we include in the Package; and
the application of any digital editing to any Photographs.
Requests you make for specific corrections to images, or re-editing of images, may attract additional costs. We also accommodate specialist or bespoke requests for retouching of Photographs at additional cost. We may need to refer certain retouching services to our third party partners. We will advise you of the costs upon request. Please note that we do not provide raw images.
Prices: Where the shoot date is no more than 12 months after the date of signing, all photographic services undertaken on that date are supplied at the prices ruling on the date of signing. The main reprint order, that is the remainder of the package booked, if placed within no more than six months of the contracted date is also supplied at the prices ruling on the date of signing. All additional reprint orders, including the main reprint order, if placed after six months of the contracted date, and small reprint orders placed at any time, are supplied at the prices ruling at that time.
6. Artwork Products
If you order an Artwork Product, a proofed layout of the Artwork Product, together with any options available to you, will be submitted to you for approval before the Artwork Product is printed. You may request reasonable changes as part of the approval process, but some changes may be subject to additional charges. We will advise you if additional charges apply. We will not submit any Artwork Product for printing unless and until the proofed layout has been approved by you and you have confirmed your options (where available). You will be liable for any costs associated with any changes requested after you have approved the proofed layout.
7. Delivery
We will let you know when you place your order when to expect to receive the Package and Artwork Products (as applicable). Lead times from receipt of your order and payment typically start at two weeks for digital images (without retouching) and up to two months for some Artwork Products. Any delay in payment of fees payable to us will affect the delivery period. Artwork Products will be delivered to the address specified in the Key Terms. Risk in the Package and Artwork Products will pass to you upon delivery.
8.Limit of liability
If the photographer is too ill or becomes injured and cannot supply the agreed services, then liability is limited to a refund of any payments received or rescheduling of the session.
9. Force Majeure
The due performance of this contract is subject to alteration or cancellation due to a Force Majeure event. A Force Majeure event means an event beyond the control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources.
This contract is also subject to alteration or cancellation by the Photographer owing to any cause beyond their control (i.e. sudden illness, injury, theft of equipment etc.)
The Photographer will only be responsible for costs in order to reschedule and organise a re-shoot. The Photographer(s) liability shall be limited to a full refund of any deposits and fees paid.
10. Client Safety
The Photographer takes no liability for children’s safety during the photo shoot, this is the responsibility of the Client. The Client must ensure there is at least one responsible adult other than the Photographer present at all times.
11. Coverage
The Photographer shall be granted artistic license in relation to the poses photographed and the locations used. Although every effort will be made to comply with the Clients’ requirements, the Photographer’s judgment regarding the location, poses and number of photographs taken shall be deemed correct and not subject to dispute.
12. Copyright
In accordance with The 1988 Copyright Act, all images or copies of images whether stored digitally or otherwise remain the copyright of the Photographer. It is contrary to the act and illegal to copy photographs electronically or by any other means.
13. Online and Social Media
Under no circumstances can watermarked images be cropped, edited, screen grabbed or to be shared on social media and online without permission from the Photographer. This is a breech of copyright. If the Client has purchased the full artistic license (see section 8) all licenses have been lifted, however further editing is strictly forbidden.
14. Licenses
The images included within your package are licensed to you for your own personal use. This includes but is certainly not limited to printing, copying, emailing and publishing online (including all social media).
The files supplied will be high-res JPEGs, compatible with all operating systems.
The photographer has no responsibility of any future loss or damage of images and cannot guarantee copies will be retained or backed up after 12 months.
The Photographer is not responsible for the print quality of any 3rd party suppliers you choose to use. The Photographer would always recommend their preferred professional partners.
The ownership of the images still remains of the Photographer and as such your license does not include use that results in financial gain.
15. Digital Files and Storage
All digital files presented are selected at the discretion of the Photographer. The Photographer will only release images that meet the required standard.
All edited digital files from the session will be backed up and kept for a period of 12 months from the date of the photo shoot. Any remaining images will be deleted.
16. Use and Display of Images
The Client hereby allows the Photographer to display any images relating to the Contract and to generally promote the business in the Photographer(s) portfolio and by means of advertising, publicity, brochures, magazine articles, websites, social media, competitions and other such media providing that the images are used lawfully and without damage to the Client. By signing this contract you consent to the use of such images.
17. Complaints
All complaints should be raised by the Client directly to the Photographer in writing within 7 days of the occurrence which gives rise to the complaint. The Photographer will consider the complaint and shall provide a response to the Client within 7 days of receipt of that Complaint.
18. Governing Law and Jurisdiction
The parties irrevocably agree any dispute arising out of this contract shall be governed and construed in accordance with English Law and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.
Should you have any questions or queries about the terms and conditions, please email talk@jessienian.com or call 077 099 01188.