Contact

When booking a photoshoot, the client automatically agrees with the terms below. The client will be made aware of these terms & conditions at the time of booking.

Definitions

For the purpose of these conditions, ‘the client’ is any individual who has made a payment to Blush & Wild Portraits for a photoshoot, together with all attendees of the shoot the payment relates to. ‘The photographer’ refers to The Headshot Studio Ltd, trading as ‘Blush & Wild Portraits’ or ‘Sharan Rai Photography’.

Agreement

By making a payment to the photographer the client agrees to these Terms and Conditions. Unless otherwise agreed in writing, all services and goods provided to the client will be subject to the terms and conditions of this agreement. The photographer has the right to change information regarding rates and agreements at all times.

Deposits and Payment

Prices will be fully disclosed before the portrait session takes place, with current starting prices listed on www.blushandwild.co.uk. Payment is made via bank transfer, credit card, or using one of our offered payment plan partners. A session fee is payable to secure the client’s slot. Session fees are non refundable. If, for any reason, the client or photographer wishes to reschedule the session, the deposit will be applied to the new date agreed by both parties. 

Photos can be viewed within 14 days after the shoot, during an in-person viewing and ordering session or online gallery. This is the client’s opportunity to select their favourite images and decide on the appropriate package. If the client wishes to receive extra images, the difference is invoiced afterwards. The final balance is paid by the customer before wall art and album purchases are ordered.

Due to the bespoke nature of photography, digital images are non refundable upon delivery of the online gallery. Physical prints and products can be returned up to 14 days after acceptance of delivery. Should you find any issues with your new artwork, we will always endeavour to assist as quickly as we can.

Work Product

All photographs will be shot in digital format. Digital photos purchased will be delivered as high-resolution JPEG files in an online gallery. RAW files will not be provided. Requests for additional photographs or changes to images shall be made within 14 days following the client’s viewing and ordering session. Be advised that RAW files may be destroyed 6 months after the shoot. The Client may download images from the online gallery of purchased images for personal use only. 

Cancellation & Rescheduling/Late Arrivals

The client reserves the right to cancel a photoshoot up until 7 days before the date of the photoshoot for a refund. To cancel a contract, the client must send written notice via email to the photographer.

In case of bad weather (storm, thunderstorm, dull lighting or heavy rainfall), a photo shoot that would take place outside may be postponed by the photographer or client. This will be decided no later than the morning of the planned photoshoot.

Artistic Rights

The Photographer retains the right of discretion in selecting the photographic materials released to the client. The final post production and editing styles, effects, and overall look of the images are left to the discretion of the Photographer. The photographer has the right to refuse any requested edits to the images and will not release RAW files (unprocessed original photos). 

The editing of the photos by the client is not permitted.

Copyright

The copyright on the photos rests with the photographer. The photographer remains the owner of the photos at all times. 

When booking a photo shoot, the client gives permission to use the photos taken for business and commercial purposes (such as social media, website, etc. of the photographer). If the client does not want to have a photo posted online, this must be announced when booking the shoot. The Photographer will never share photos without the Client’s permission and the Client always has the right to keep selected photos private. Photos are never transferred to another company without permission. Permission is also requested for publication in an (online) magazine. The photographer will under no circumstances disclose personal information such as email, telephone number, etc to any third parties.

If the Photographer desires to make other commercial uses of the images to promote the commercial interests of any business other than the Photographer’s own business, the Photographer must not do so without first obtaining the written permission of the Client. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the Photographer.

Client understands and agrees that Photographer is not required to maintain copies of the photos from this photoshoot 6 months after the print and digital purchases have been delivered to Client.

Client usage

In consideration of the payment of monies due under this agreement, Photographer grants Client a perpetual non-exclusive license to print or to reproduce images downloaded from the photo gallery or delivered by the Photographer as follows:

1. Client may share the web or high res photos delivered by the Photographer on Client’s personal and business social media accounts, provided that in each such post Client must credit/tag Photographer.

2. This license does not permit Client to screenshot poor quality images, or edit or alter photos in any way, or to do any other act which would infringe Photographer’s moral rights.

3. Client may print web or high res photos delivered by the Photographer or downloaded from the photo gallery for their personal use, and:

a: must not sell, license, sub-license, transfer, or otherwise distribute the printed photos;

b: must not use the printed photos for advertising or commercial purposes; and

c: must not submit or enter the photos into any competition.

The photographer shall not be held accountable for any dispute, claim, damage or legal costs arising out of the clients use of the images. 

Client Confidentiality

The Photographer will not disclose to third parties or make use of information communicated by the client in confidence for the purposes of the photography session.

Failure to perform 

It may happen that a photoshoot cannot take place due to force majeure (illness etc.). As a result, the photographer will not be able to meet the agreement. The photographer can give options to reschedule the shoot in such cases.

Indemnification

The photographer is not liable for physical or material damage caused during the photo shoot, unless there is gross negligence or intent on the part of the photographer.

Photographer and Client agree that the Photographer is under no obligation to capture any specific moment or pose or person(s) during the photoshoot. The Photographer is not responsible for compromised coverage due to causes beyond the control of the Photographer including but not limited to lateness of the Client, weather conditions, schedule complications, incorrect addresses provided to the Photographer, restrictions of the locations. 

If Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, the Photographer will not be liable for any consequential loss arising from the non-delivery, and the liability of the Photographer to the Client should be limited to the repayment of amounts paid to the Photographer under this Agreement. 

Client agrees to indemnify and hold Photographer harmless for any and all personal injury which may occur during the course of the photography session and the immediately surrounding Photographer (including any personal injury arising from or connected with any negligent act or omission on the part of Photographer).

Timeline and Schedule

Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the Photographer by the Client. 

Pricing & Additional Products

Services not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward products or services purchased.

Complaints

Client will have 14 days from receipt of print products and/or digital prints to make Photographer aware of any issue, discrepancy, technical problem or any other complaint regarding photos, their quality and contents, or anything relating to session coverage. After this 14-day term has expired, Photographer will no longer be liable to Client for any corrections, damages, refunds, re-edits or re-shoots. Re-edits after this term may be made by Photographer if requested by Client but the hourly fee of £60 per hour for retouching will be billed with a minimum of one hour required.

Privacy Notice

Identity and Contact Details

This privacy notice details how we use information collected by our website: www.blushandwild.co.uk

This site is managed in accordance with the relevant data protection legislation in the UK. The data controller is The Headshot Studio Ltd (trading as Blush & Wild Portraits), Units 16-17 Moor Place Farm, Plough Lane, Bramshill, RG27 0RF. You can contact our privacy officer at the address above or by emailing sharan@blushandwild.co.uk

The Data

Whilst you use our website we may collect information that is personally identifiable. We describe below the information we collect and why we do so.

Information Collected:- Your IP address

Technical information about your browser

The pages you visit and your activities whilst browsing our site

To help us to understand how people use our site

Purpose:- To help our service providers to diagnose and repair faults

To help us to detect and respond to hacking and other criminal activity.

Legal Basis:- Legitimate interests

Information Collected:- Your contact detailsInformation you provide on a contact form

Purpose:- To allow us to respond to your enquiryTo provide you with the information / mailing lists that you have requested

Legal Basis:-Consent

Information Collected:- Your contact details

Purpose:-To send you information about our products and services or other marketing materials.

Legal Basis:- Legitimate interests. You have the right to opt out at any time.

Information Collected:- Any posts or comments you make on our pages or forum

Purpose:- To provide an opportunity for comment and feedback

Legal Basis:- Consent

Information Collected:- Your order and payment details

Purpose:- To process your order

Necessary for contract

Please note that this list only applies to your use of our website. If you interact with us in other ways, then additional privacy notices detailing other information and purposes will also apply.

Data Sharing

We may share your information with other companies in line with the purposes listed above. In all cases, we have contracts and agreements in place to ensure that your information is protected and is not used for any other purpose than those listed above.

Companies that we share information with are:• Other companies within our group,where applicable • Companies involved with the design, hosting and maintenance of the website and our email and IT systems• Companies providing us with marketing services• Companies involved in fulfilling your order, if applicable

International Transfer

Where information is transferred outside of the EEA, we ensure that appropriate safeguards are in place to protect your information to the same or an equivalent level as would be found in UK and EU data protection legislation. The safeguards we use are:• Ensuring the country is the subject of an EU adequacy decision; or• Ensuring the company is a member of an adequate, legally-binding scheme such as EU-US Privacy Shield; or• Ensuring the contract includes ICO-approved model contract clauses; or• Ensuring the organisation is subject to ICO-approved binding corporate rules or an ICO-approved code of conduct.

Retention

In accord with relevant data protection legislation, we will not retain your information for longer than is necessary for the purposes listed above and to deal with any complaint or dispute you may have. If you require further information about our information retention policies, please contact us.

Your rights Under UK and EU data protection legislation, you have a number of rights with respect to your information. These include:• The right to be informed about the information we hold about you• The right of access to the information we hold about you• The right to have any errors rectified• The right to withdraw consent (where consent is the basis of processing)• The right to object to processingIf you have any questions about the information we hold, how we use it or how to exercise these rights, please contact us using the contact details above or contact your account manager if you have one. You can also use the opt-out facilities provided in our marketing emails and in the settings on our website to change your preferences and consents at any time.

Complaints

If you have any cause for complaint about the way we care for your information, please do contact us and we will do our best to resolve the situation for you. You also have the right to complain directly to the Information Commissioner’s Office. You can find details of how to contact them here: https://ico.org.uk/concerns/or by calling their helpline on 0303 123 1113.

Cookies

To make this site work properly, we sometimes place small data files called cookies on your device. Most websites do this too. A cookie is a small text file that a website saves on your computer or mobile device when you visit the site. It enables the website to remember your actions and preferences (such as login, language, font size and other display preferences) over a period of time, so you don’t have to keep re-entering them whenever you come back to the site or browse from one page to another.

How do we use cookies? A number of our pages use cookies to remember:• Your display preferences, such as contrast colour settings or font sizeif applicable• If you have already replied to a survey pop-up that asks you if the content was helpful or not (so you won’t be asked again)• If you have agreed (or not) to our use of cookies on this siteAlso, some videos embedded in our pages use a cookie to anonymously gather statistics on how you got there and what videos you visited. Cookies are also stored by Google Analytics, the Google service which measures the effectiveness and efficiency of the website. Enabling these cookies is not strictly necessary for the website to work but it will provide you with a better browsing experience. You can delete or block these cookies, but if you do that some features of this site may not work as intended. The cookie-related information is not used to identify you personally and the pattern data is fully under our control. These cookies are not used for any purpose other than those described here.How to control cookiesYou can control and/or delete cookies as you wish -for details, see aboutcookies.org. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some services and functionalities may not work.