Terms of Service

Model Release Agreement

By agreeing to a booking with Entwined Photography you grant Estella Ward exclusive permission to use and publish photographs, pictures, portraits or images herein described in any and all forms and media and in all manners including composite images, or distorted representations, and the purposes of publicity, illustration, commercial art, advertising, publishing (including publishing in electronic form on USB, CD’s, internet, or websites), for any product or services, or other lawful uses as may be determined by the photographer.

You understand that your image may be edited, copied, modified, exhibited, published or distributed and waive the right to inspect or approve the finished product.

You waive the right to royalties or other compensation arising or relating to the photographs.

You consent to Estella Ward storing images of me for the specified purposes or storing my contact details on a database in case she needs to contact me.

You have the right to

• Withdraw your consent to Estella Ward using and storing images of me for the specified purposes at any time;

• Withdraw your consent to Estella Ward storing my contact details on a database;

• Access any information the business holds about you at any time;

• Request that any images or information the business holds about you be removed from any materials, future materials and internal databases by contacting the business at this email address estellaward@entwinedphotography.onmicrosoft.com.


This agreement and any dispute or claim arising out of or in connection with it or it’s subject matter or formation (including non-contractual dispute or claims) shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or it’s subject matter or formation (including non-contractual disputes or claims).


Agreement overview

This agreement contains the entire understanding between Estella Ward of Entwined Photography and the client. The only way to add to or change this agreement is to do so in writing to estellaward@entwinedphotography.onmicrosoft.com.


Sunflower Mini Sessions

Full Non-refundable payment is due at time of booking. Refunds will only be given under extreme circumstances, if the farm was to close to due adverse weather and an alternative date was not able to be made or Estella Ward was unable to attend due to illness or an extreme emergency and alternative date was not able to be arranged. Sunflower sessions held by Entwined Photography are hosted at Sam's Sunflowers Hayling Island are subject to the sunflower farms rules and regulations. as such if the farm decides they need to close due to adverse weather or unsafe grounds from adverse weather an alternative date will be arranged by Estella Ward at Entwined Photography. No dogs are allowed in the sunflower grounds. Cancellations will be accepted and full refunds will be given if done within 24 hours of booking. Any cancellations after this time will forfeit the full balance. Payments are non-transferable. Please aim to arrive 15-20mins early to your session. This allows time to go through the farms payment kiosk and walk across the field to my location. Late arrivals will have the time they were late deducted from their session. I can not guarantee the best experience or how many photos will be supplied if you are late. 10 photos will be selected by the Estella Ward, The Photographer, her final choices will be the only photos available. Sunflower mini sessions are subject to the terms laid out in this agreement other than details under the headings Cancellations and Deposits and Payment Schedule.


Service

Estella Ward shall provide services to photograph you to the best of her abilities in accordance to the session details. Every effort will be made to assure your satisfaction according to industry standards. Any artistic interpretation by the photographer will be deemed acceptable and correct. Although every care possible will be taken to produce photographs of all important and special moments during the session, the photographer can not place an unconditional guarantee. If you are not satisfied with your photographs a re-shoot may be given at the photographers discretion but can not be responsible for dissatisfaction due to circumstances beyond the photographers control.


Cooperation

By agreeing to be a client, all within the party agree to cheerful cooperation and communication for the best possible result within the definition of this agreement. The photographer shall use her own judgement regarding style and input in the production of photographs. This includes but is not limited to locations, poses and number of images taken.


Your Images

Photographs/images produced by Estella Ward are granted to the client with limited use and or display of resulting images. The images may not be altered using social media and/or other editing programmes or used in any manner other than for personal use.


Limit of liability

In the unlikely event that the photographer is injured or becomes ill, or has an extreme emergency that prevents them from attending the agreed session Estella Ward will make every effort to reschedule the session. If a reschedule is not possible then liability is limited to a return of any payments made thus far. In the unlikely event all photographs have been lost, stolen or destroyed for reasons within or beyond the photographers control liability is limited to a re-shoot at a date and time agreeable to both parties.


Editing

All images will receive individual attention in the form of retouching, enhancement, selective area adjustments etc. Retouching means correcting various elements in an image such as litter, distractions or minor physical flaws such as tired eyes, skin smoothing and non permanent blemishes. Retouching that includes changing a persons body shape or permanent blemishes will not be available. Estella Ward is granted total artistic control over the final image.


Cancellations

The photographer has the right to cancel the session for any reason, in this case a full refund of any money paid will be given including deposits. If the client has to cancel for reasons outside of their control a reshoot will be offered once at a date and time suitable for the photographer. After the first reschedule, if another is requested a £20 admin fee will be required. If a rescheduled date is not agreeable to the client a refund will be issued less the deposit.


Deposits and payment schedule

The client shall pay 50% of the full session fee to confirm their date. This is A NON-REFUNDABLE DEPOSIT. In the event of cancellation, the deposit paid is non-refundable. It shall be liquidated for any loss of earnings incurred. The remaining balance is due up to the day prior to the session. The remainder of the balance will need to be paid prior to the session otherwise the session may not go ahead.


Your Gallery

You will be presented with a password protected online gallery within 3 weeks of your session. Your gallery will be available to download for one month before it is archived. Galleries are archived for 2 years.


Data Protection – In compliance with the Data Protection Act 1998, personal data supplied to the Photographer may be stored for future use. This data will only be used to inform you of future opportunities and to be kept up to date and will only be held as long as is necessary. The Photographer will take all necessary steps to ensure the information is held and used in accordance with the above Act. However, should you not wish the data to be stored and/or removed please contact estellaward@entwinedphotography.onmicrosoft.com.


Data collection- Entwined Photography will not share your personal information with other companies, for any reason. Referral data can only be accepted by clients with the referral’s permission.

If you have any questions regarding your data please contact estellaward@entwinedphotography.onmicrosoft.com.