Penny Bird terms of service and photography contract

Please read these terms of service carefully before booking your session, accepting an estimate, or making any payment. By booking a session, you agree to these terms on behalf of all participants in your party.

1. Booking a Session

  • Online: Free discovery Zoom calls are available to help you decide if you would like to work with Penny Bird. These are no obligation meetings offered to help you decide if you have found a photographer you like, can relate to, and trust. Once you have made a decision, you can book online or give Penny a call to book.

  • By phone: Contact Penny Bird at +44 (0)7903 188611 to book your session. Upon booking, you will receive an estimate or an invoice for part or full payment.

2. Cancellation, Rescheduling, and Force Majeure

  • Cancellation and rescheduling: The session fee is non-refundable but Penny Bird will reschedule your session date at no extra cost if you give what she deems to be reasonable notice. This usually means enough time to take a replacement booking. If you need to reschedule for a second time there will be a £50 administration charge.

  • Force majeure: If Penny Bird cancels or alters your session due to circumstances beyond her control (e.g., illness, severe weather, or equipment failure), you will receive a full refund of any session fee paid.

3. Prices

  • Prices are fixed until March 31st each year and may increase annually based on inflation.

4. Health and Safety

  • Infectious diseases: Please follow current Government Public Health advice. Clients visit the studio at their own risk.

  • Supervision: Clients are responsible for the safety of young people, animals, or pets at the session. A responsible adult must supervise these individuals. Penny Bird has a pet at her home, so please inform her of any allergies when booking.

5. Insurance

  • Penny Bird maintains public liability and professional indemnity insurance. In the unlikely event of photographic failure or contract cancellation, liability is limited to the total value of the contract.

6. Photoshoot Guidelines

  • Artistic licence: Penny Bird has artistic discretion over the poses, locations, and the number of photographs taken. While client requests are welcomed and considered, Penny Bird’s judgment is final.

  • Weddings and events:

    • Clients must provide a list of formal photographs required, including names and relationships where necessary. A designated person should coordinate these photographs.

    • The final content of images is at Penny Bird’s discretion, and she is not liable for restrictions imposed by ceremony officials or venue management.

7. Delivery of Photographs

  • Copyright: Penny Bird retains copyright on all images and may use them in her portfolio, advertising, or publications unless you provide written refusal.

  • Licensing: Upon full payment, you receive a license for unlimited use of the images for your personal or business purposes worldwide. This does not include resale or competition use. Please credit Penny Bird when using images on social media or in publications.

  • Selection and retouching: Penny Bird selects all the best images from the shoot and edits images to meet her artistic standards. No unedited images or RAW files are ever released to clients. Standard retouching is included; more complex requests incur additional charges.

  • Image sizing and keyword embedding: Requests for sizing and keyword embedding must be made at the time of booking and is included in your session fee.

  • Detailed editing and requests for additional images: Please make your request within seven days of receiving your finished gallery and you will be given an estimate for the work.

  • Galleries and digital files:

    • Selected images will be delivered via an online link within 48 hours and up to 14 days after the session.

    • If your session fee does not include images, you will receive an online gallery to view and purchase images. The gallery will be available for at least 12 months.

    • Digital backup files are stored for at least 12 months at Penny Bird’s discretion. If files are lost, damaged, or destroyed beyond Penny Bird’s control, no liability may be claimed by clients.

8. After Service

  • Lost digital files: If you lose your files within 12 months of your photoshoot, you can request them from Penny Bird. If the files are no longer stored online and more than a year has passed since your shoot, a minimum £50 administration fee applies to access them from deep storage.

  • Changes to digital files: Requests for resizing, detailed editing, keyword embedding or additional images after six months of the photoshoot taking place will incur a minimum £50 administration fee and added editing charges.

  • Complaints: If you are dissatisfied with any aspect of the service or products, notify Penny Bird in writing within seven days of the photoshoot or receiving your digital files.

9. Privacy Policy

  • Data collection: Penny Bird collects data necessary for contract performance and legal obligations. Data may be collected through the website, online booking, social media, email, or phone contact.

  • Data use: Information is used to understand client needs, deliver services, and improve products. Data is safeguarded according to current legislation and will be deleted after 6 to 10 years.

  • Security breach: Clients will be notified promptly in the event of a security breach.

10. Governing Law

  • This contract is governed by English Law, and disputes will be subject to the jurisdiction of the English Courts.