Photo Shoot Terms and Conditions

For the purpose of these terms and conditions, the following definitions will apply:
Driver Photographer is the trading name of Moment Of Life Ltd.
Photographer – with reference to these terms and conditions, is solely Danial Emani.
Customer / Client- is the person/s or organisation to whom the invoice is addressed (whether or not the customer is acting for a third party).

1) Photo Shoot Bookings
1.1) All bookings are subject to availability. All bookings take place at an agreed location.

1.2) You will receive confirmation of your appointment by SMS, text, email, phone call or through social media messaging.

1.3) It is the responsibility of the client to notify the photographer if there are any medical conditions or physical disabilities that may have an effect on the photography shoot

1.4) On making a booking, you agree that you have looked at the photographs within the website and are happy with the photographers ‘style’ if you are looking for a different ‘style’ of photographs – this must be discussed before making your booking.

2) Changing Bookings
2.1) If, after receiving your confirmation, you need to change your booking appointment, please call Danial immediately at 07575751842

2.2) Bookings can be changed free of charge if you give me at least 12 hours’ notice. This change may be subject to an administration fee for clients that give the photographer less than 12 hours notice.

2.3) Bookings can be changed once on your original booking fee – as long as the minimum notice has been given. Your new booking must be made within 1 month of the original booking date.

3) No Shows
If for any reason after receiving your confirmation, you fail to attend your photo shoot appointment, you will get a 50% refund  – This is to cover the cost of the time already booked with the photographer.


4) Payment
Payments can be made via CASH (only for regular customers), CARD(Stripe), or BANK TRANSFER only. 

5) Photography & Sessions
5.1) It is not the responsibility of the photographer to obtain the approval of persons to be photographed (model release) nor of legitimate persons on location (location release) concerning the planned usage of the photographic images if the customer has designated the persons or locations that are to be photographed.
5.2) If the session involves an uncooperative subject (such as baby/child/children/animal/adult) and will not cooperate in any way or is not willing to have their photograph taken, (or in the case of young children/babies cries during this session) – this is not the photographer’s fault and does not deem you the right to an alternative date or session for free. I will work with what I have on the day and I will happily rearrange a new shoot on an alternative date which will be charged at the current rate to cover the photographer’s time involved. 
5.3) Any damages caused to vehicle, equipment, props and any other item owned by the photographer, that is caused by the client or people/pets that are with the client – the client will be charged for the repairs or replacements at the cost value.
5.4) Please ensure you show up on time for your session – anyone that is late and the photographer deems that there is insufficient time to complete the session you will be asked to rearrange and will be charged an additional session fee to cover the time lost by the photographer
5.5) The photographer is not obligated to provide the client with any additional images that are not already presented to them

6) Failure
6.1) Whilst every care is taken at every stage of the photographic process, Driver Photographer shall not be liable to the client for any failure, in whole or in part, to fulfil his obligations of a booking where the failure arises as a result of an event or circumstances beyond his control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury.
6.2) Driver Photographer can accept no responsibility for any losses incurred as a result of any such failure beyond a full refund of the original photo shoot fee (if payment has already been received). You will also receive a 30% discount for your next photoshoot. 

7) Orders
7.1) Full payment is required when placing an order – your order will not be fulfilled without payment in full.
7.2) The photographer individually checks every photo for quality before you receive your final photos. Any anomalies in your order must be raised at the time of collection.
7.3) Once your order has been handed over, you are responsible for its care

8) Delivery of photos
All delivery dates are estimates. 

9) Changes To Terms And Conditions
My mission is to provide a high-quality service to my clients. In order to do so, I must reserve the right to change these terms and conditions without notice at any time.

10) Copyright and Ownership of Materials
10.1) The customer acknowledges that the photographic images supplied by the photographer constitute copyright material. Driver Photographer retains the entire copyright in the photographs at all times throughout the world.
10.2) No part of this website may be reproduced, stored or transmitted in any form or by any means. The reproduction by whatever means of the whole or part of any image displayed on this site is strictly forbidden.
10.3) All images remain the property of the Driver Photographer and they will be used how the photographer sees fit. If you wish to remain anonymous please advise prior to your session.

11) Child Protection
11.1) A child is defined as a person under the age of 18 (The Children Act 1989)
I take the issue of child protection very seriously. Driver Photographer holds the right to use any of the photographic material of the children it photographs for advertising, use on websites, social media, leaflets, posters or by any other means. If you specifically do not want to allow your Childs’s photo to be displayed by one of these means, written confirmation must be received by the parent or guardian of the child.
I will never reveal any personal details like the address of any child I photograph. However, some images may contain names/times and dates of birth etc if that is the style of the photograph. These may be displayed unless written confirmation is received by the parent or guardian of the child stating that you do not wish for this information to be shown.
11.2) During the photo shoot there may be times when the photographer may need to assist in manoeuvring your child into a position or pose. You will always be asked if your child can be moved to a position, and I will only ever do so with your consent (you will be made aware of what is happening at all times). Exceptions to this would be a baby session where it would not be practical to ask permission for every moment and movement of a baby where the photographer has to manoeuvre them to gain the poses desired – during such sessions you will be made aware of the plans and you are giving consent when you hand over your baby – you will however always be in sight of the photographer and what he is doing.

12) Image Editing
12.1) Image editing includes colour and light correction. 
12.2) Retouching of skin (removal of small blemishes and flakes of skin, creative input to enhance colours and backgrounds) is not included.
12.3) Editing with your fee does not include editing that involves drastically changing someone’s appearance
12.4) The photographer holds the right to charge additional fees for any additional editing or special requests by the client – any such requests will be accepted or declined on the discretion of the photographer and whether it is fitting with his style or techniques
12.5) Images are edited before being delivered to the client and the photographer holds the right to charge the client as per point

13)  Digital Negative Files
13.1) All digital negatives (computer files) remain the property of the photographer. All digital packages include a copy of the edited digital negatives to the client(s) for their own non-commercial use.
13.2) Should the digital negative files be lost, damaged or destroyed for reasons beyond control, the photographer’s liability shall be limited to a full refund of any fees paid, but shall not include a refund for any goods or services already received.

14) Data Protection
Driver Photographer will store your name, contact details and session information on a private internal database. These details will NOT be made available to companies or individuals outside of Driver Photographer other than Law Enforcement, Legal Requirements and instances where it is required to fulfil your order


15) Privacy
15.1) Your information will be used to fulfil the services and works required to fulfil your session and order/s
15.2) Driver Photographer may contact you by post, telephone, SMS text, social media messaging or email. But I will not sell or pass on your details to anyone else.
15.3) On social media sites your name/profile may be ‘tagged’ to photos or in posts – this is to draw your attention to the material shown
15.4) Driver Photographer holds the right to use any of the photographic and/or video material taken for the use of: advertising, use on websites, social media, leaflets, posters or by any other means in print and online. If you wish to remain anonymous, please advise prior to your session and your name/s will not be mentioned.

16) Agreement
Your agreement to undertake any session with the Driver-Photographer you are fully accepting these terms and conditions

17) Archiving of Images
All final images will be stored and archived by The Photographer for 1 year. If archived photographs are required after that time or additional storage time is required an admin fee may be charged. If The Photographer loses images stored in archive or they are stolen, The Photographer is not liable beyond 1 year of storage.  

18) Applicable Law
This agreement shall be governed by the laws of England and Wales

19) Variation
No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.