Terms and Conditions
In the following terms and conditions “the Photographer” shall mean Amy Newton at Cherished Memories Photography. “The Client(s)” shall be those persons defined as the subject”.
(1) Booking Fee/Deposit payment
A non-refundable booking fee of 20% as well as full acceptance of the terms and conditions as published on the Photographer’s website secures the time and services of the Photographer for the event. It is non-refundable or transferable in the event of a cancellation, it being the agreed loss suffered by the Photographer due to cancellation. The booking fee will be deducted from the cost of the Client’s chosen package when calculating the final balance due. Payment in full of the remaining balance will be expected four weeks before the event. Events that are postponed to a later date will retain the fee as long as the Photographer can reschedule for the new date and time.
A consultation will take place before ANY photography booking to go through Client requirements and pricing. The Client will confirm all photography they wish during this time and agreement on pricing. A follow on email by the Photographer to the Client will outline all the agreed plans in regards to photography. The Client will be expected to respond with confirmation of approval before the photography shoot/event takes place. The Client shall notify the Photographer of any changes to these details in writing. The Client will need to sign an agreement contract on the day of booking as confirmation. If the Client has requested for prints or albums to be printed, this can only start once the Client has confirmed the required images, which will take place during a follow on consultation meeting. For portraits, newborns and special occasions, you will receive your photography package 2-3 weeks following the photography event/shoot. For weddings, you will receive your photography package no later than 6-8 weeks following the photography event. The Photographer will contact the Client when the photography package is ready to collect. The Photographer cannot be held liable for delays or disruption in the delivery of service of CD’s, prints, albums, etc.
The Client may cancel their contract at any time by giving written notice to the Photographer but in doing so shall forfeit any monies paid. In the event the Client cancels the contract within two months prior to the photography date the Client is liable to pay 50% of the package price. The Client is liable to pay 100% of the package price if the Client cancels the contract within one month prior to the photography date. All cancellations must be in writing (email acceptable).
(4) Model release
The Client(s) hereby assign/s and grant/s the Photographer the irrevocable and unrestricted right to use and publish photographs taken and written content (feedback, testimonials, etc) for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The Client hereby releases the Photographer and assigns from all claims and liability relating to said photographs. It is agreed that the Photographer may display and use the photographs taken and written content (feedback, testimonials, etc) for advertising, display, website and internet promotion, photographic contests, public displays such as in Shopping Centres, Photography Books/Albums, Photography Instructional Books, Trade Displays, Studio Displays, Television Advertising, Magazine Advertising and any other purpose thought proper by the Photographer. The Client also agrees that after the photography shoot, images and written content (feedback, testimonials, etc) can be used for marketing purposes on social networking sites such as and not limited to Facebook, Twitter and Instagram.
The Photographer will have creative control and adhere to standard photography practice ensuring to complete a client bespoke brief at all times. For a booking involving a church ceremony or at any certain venues, the Photographer’s movements are sometimes restricted by the official in charge. The area from which the Photographer is able to cover the event may not be the Photographer’s choice and the Photographer cannot accept responsibility for any obstructed view should this be the case.
All prints and reorders shall be treated as an extension of the Client’s contract and no responsibility for error will be accepted unless orders are given in writing.
The photographs, digital negatives or prints produced by the Photographer are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without the Photographers explicit written permission. Upon final payment by the Client, limited or agreed copyright ownership of the resulting images will be transferred to the Client under the following conditions: The photographs, digital negatives and/or prints are the property of the Client for personal use and for the purposes of the reproduction and distribution of photographs to friends and relatives. The Client must obtain written permission from, and compensate the Photographer prior to an event where the Client, the Client’s friends or relatives publish or sell the photographs for profit.
(8) Non guarantee
The Photographer shall be granted creative licence and artistic licence in relation to the choice of poses photographed and the locations used. The Photographer’s judgement regarding the locations/poses and number of images taken shall be deemed correct. Due to weather variation, availability and willingness of subjects and variations in locations, the Photographer will do their best to honour requested photographs, but does not guarantee any specific picture, background or group arrangement such as Ariel photography in bad weather, as this may damage equipment. Although every possible care will be taken to produce photographs of all important and special events during the day, the Photographer cannot place an unconditional guarantee on the above. The Photographer will not be held responsible for any ruined photographs due to guests (or any other) flashes or any other cause in or outside of the Photographers control. All participants and observers will be expected to behave in a professional and courteous manner in line with standard photography best practice.
(9) Force Majeure or Act of God
The due performance of the Client contract is subject to alteration or cancellation by either party owing to any cause beyond their control. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the Photographer will not be responsible for photographs that are not produced due to technical failure (by camera equipment or media such as memory cards, hard drives, etc). Nor will the Photographer be liable for any failures directly or indirectly resulted from a flood, fire, warfare, government laws of regulations, electrical failures, strikes by suppliers and any other condition beyond the control of the Photographer.
In the unlikely event of the main Photographer being unable to attend your event due to unforeseen circumstances, I reserve the right to appoint another photographer to attend your event on my behalf to undertake the event photography to his/her best ability.
(11) Personal Accident
Any directions issued to the Clients, their guests or employees during a photographic shoot are deemed to be said at persons own risk. The Photographer cannot be held responsible for any personal accidents during a photography shoot.
(12) Exclusivity/guest photography
It is understood that the Photographer will act as the sole and exclusive photographer. Because of the fact that flashes from guest’s cameras at weddings and special occasions (birthday parties, anniversary do’s, etc) may ruin shots taken by the Photographer, the Client acknowledges that they are responsible for notifying all of their guests that guest photography is not permitted at any time while the professional photographer is in session such as bride and groom shots or group shots. The Photographer suggest that a separate notice be placed in the invitations. The formal photography time is for the exclusive use of the Photographer to capture the formal photographs of wedding portraits for example. Because of time constraints and the need for subjects to pay full attention to the professional Photographer, guest photography cannot be permitted during this time. The Photographer will allow guests to take snapshots only when professional photography is not proceeding.
(13) Guest Coooperation
The Client is responsible for the conduct of their guests. The Client will direct all other service providers (florists, DJ, singer, caterer, etc.) to provide any needed information and cooperation to the Photographer. Coordination with other service providers is necessary to complete all the photography sessions as scheduled. The Client should share the photography schedule with other service providers to make sure that there is no conflict in times. The Photographer will not tolerate verbally or physically abusive behaviour, nor will the Photographer share their time or compete with guest photographers for the attention of the subjects. Unchecked guest conduct that interferes with photography may seriously affect the quality of the photographs taken and increase the number of times photos must be re-taken. If the Client is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the Photographer, it will result in the early or immediate departure of the Photographer. The Client understands that in such event, no refunds will be granted and the Client will be fully liable for all damage caused to equipment, including the cost of repair or (where repair is not reasonably possible) replacement.
If any provision of the Client agreement is held to be invalid or unenforceable under the law, the validity of their agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect. The named parties on the contract are both jointly and severally liable under the contract. Where the contract is signed electronically and signed by only one party they shall accept by signing a document that they have the authority and approval of the other party and agree it is done so on the absent parties agreement and are therefore both liable under the terms of their contract.
Each contract has been freely negotiated and shall be recognised as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by the Client and the Photographer at the time of acceptance of the contract shall be recognised as amendments to the contract.
(16) Governing Law
This agreement shall be governed in accordance with the laws of England and Wales.
Who I am?
I am Amy Newton, owner of Cherished Memories Photography, specialising in weddings, portraits, newborns and special occasions.
My business website address is: www.cherishedmemoriesphotography.co.uk
What personal data I will collect and why I collect it?
I will collect data before, during and after you book and use any of my services. This includes things like:
– Names, Addresses and Contact Information of the person(s) placing an order with me.
– Names, Addresses and Contact Information of the person(s) using my services.
– Details and notes taken relevant to the service provided to help me perform my work.
If you e-mail me or send me messages via social media and email, these messages are stored within my email system or social media accounts. These messages are stored for as long as practicable to allow me to provide you with better future services.
How it is collected?
The majority of my data is collected directly from you. For example if you fill out a form for me online or paper version, or tell me face to face, via the telephone, via e-mail or message.
Most of the data I collect is solely for the purpose of providing you with a service you have ordered, or had ordered for you.
Any other uses for your data are intended to help provide you with a better customer service experience.
I am also required by law to collect and store certain information relating to any order you place with me.
Who I share your data with?
I take your privacy very seriously. I do not sell your data to third party organisations. There are a few instances where some of your data may be shared with third parties to allow me to provide my services to you. This is generally limited to;
– Delivery and Postage Service Providers to allow me to send you documentation and orders you have placed. (Information shared includes Name, Address and in some case e-mail address / mobile number)
– Law Enforcement and Legal Requirements – I will provide data to law enforcement agencies if issued with a court order to do so.
How long I retain your data?
Most data I collect is retained indefinitely. This is to allow me to provide a better service to you as a customer in the event that you contact me again in the future.
If you leave a comment on my website or social media, the comment and its metadata are retained indefinitely. This is so I can recognise and approve any follow-up comments automatically instead of holding them in a moderation queue.
I am are also legally obliged to store some data for a minimum amount of time, for example sale order records, payment records etc.
What rights you have over your data?
You may request a copy of any data I store about you and I will comply with any requests as per the guidance of the Information Commissioner’s Office.
If you have left comments on my website or social media, you can request to receive an exported file of the personal data I hold about you, including any data you have provided to me. You can also request that I erase any personal data I hold about you. This does not include any data I am obliged to keep for administrative, legal, or security purposes.
If you have any further questions about data I hold about you, please feel free to contact me.
Where I send your data?
Visitor comments may be checked through an automated spam detection service.
How this will affect you?
I collect, store and process your data in such a way that should have no negative effect on you as an individual. However if you would like any clarification, please contact me directly.