DATA PROTECTION AND TERMS AND CONDITIONS OF CONTRACT FOR EVA KARBOWINSKI PHOTOGRAPHY SERVICES

IMPORTANT INFORMATION – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.

Our Terms & Conditions are applicable for all photography bookings. By booking a £100 session fee with Eva Karbowinski Photography, it is assumed that you agree to these terms. We reserve the right to change these Terms &Conditions at any time.

The following is a legal agreement between you (the “client”) and Eva Karbowinski Photography (the “Photographer’’), which governs your use of Products and Services obtained by purchase through this website at evakarbowinski.com or any related domains or subdomains (the “Site”). In these Terms, use of the words “you”, and “your” refer to each individual user who may interact with this site, and ‘’photographer’’, “we”, “us” and “our” refer to Eva Karbowinski Photography. “Products” referred to by these Terms include but are not limited to: images, frames, folio boxes and any other paid purchase or for which you supply personal information in exchange, including free downloaded material or other information available through the Site, obtained from Eva Karbowinski Photography. All such Products are the intellectual property of and are owned by Eva Karbowinski Photography. By purchasing any Product, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of Eva Karbowinski Photography Products immediately. Understand that by using the Site, any Products, services or applications for which you tender payment or otherwise obtain through the Site, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.

Copyright and Ownership – The copyright and all other rights in the Photos shall be retained by Eva Karbowinski Photography‍. The copyright Designs and Patents Acts assign the copyright of the images to the photographer. Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988. It is contrary to the Act to copy or allow to be copied photographically/electronically or by any other means an image created as part of this contract without the permission of The Photographer in writing.

Session fee – A non-refundable session fee of £100 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.
In the event that a Client cannot attend the session they have booked, and they have not rescheduled in advance, the fee is not returned to the Client but is taken as damages to the Photographer.
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Pricing & Payment – Following payment of the session fee, the remaining balance is due to be paid before receiving the images.
We reserve the right to adjust prices at any time without prior notice. All prices are £ Sterling (GBP). The correct prices for the photo services shall be confirmed before an appointment has been made. If prices of additional items have increased since the client booked their session, they will only pay the prices at time of booking.
Eva Karbowinski Photography cannot be held responsible for the quality of print products provided by a third party. It is the Client’s responsibility to make back-up copies of any digital images ordered to a reliable media source. Payment for printed products should be made at the time of ordering unless otherwise agreed by the Photographer in writing. Payment can be made by Bank Transfer, Cash, or PayPal.

Cancellation – If the Photographer must cancel the appointment, an alternative date will be offered where possible. Where not possible, the Photographer’s liability shall be limited to a full refund of the session fee. At least 5 days’ notice is required for Client cancellations. An alternative date will be offered where possible but cannot be guaranteed.
The Photographer completely understands that illnesses can develop suddenly. For this reason, should a session be cancelled with less than 5 days’ notice due to sickness, an alternative date will be offered where possible. Only two cancellations with less than 5 days’ notice are allowed before the session fee is retained.

‍Prints / Reorders – Images not ordered within two weeks of completion will be deleted unless the Client requests an extension in writing. The digital files of all images purchased will be stored for 6 months.
All prints and reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing.

Session Details – The Photographer will end the session at their discretion when it is determined that adequate images in terms of quality and quantity have been captured. The Photographer will make every effort to comply with requests for specific photos. Please ensure these are notified in advance of the sitting. It may not be possible for all of the images requested, or those expected, to be captured. 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.
Natural environment sessions may be rescheduled due to rain, but not overcast weather. It is not permitted for the Client or any other connected party to take his or her own photographs, be it on a tablet, phone or camera. This includes paid and promotional shoots.

Model Release
The Client recognises that the Photographer may use any of the session images for business promotion, instructional purposes or as work samples, including but not limited to via internet (including social media) and promotional material.

Force Majeure
In the unlikely event of a total photographic failure, injury or sickness by either party the liability of one party to the other shall be limited to the total value of the contract.

Personal Accident – Any directions issued to clients or their guests during a photographic shoot are deemed to be at said people’s own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.

License – The Photographer shall be granted artistic license in relation to the poses photographed and the locations used. The Photographer judgment regarding the locations/poses and number of images taken shall be deemed correct. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested.

‍Retouching – All images will be retouched and adjusted for exposure, brightness, contrast, sharpness, etc. The Photographer judgment regarding these corrections and the number of images put forward to the Client for preview shall be deemed correct. Retouching, digital manipulation and artist finishing is available to the Client on request and discussed in the initial meeting.

Limitation of Liability – Neither party shall be liable for indirect or consequential loss.

Data Protection – Eva Karbowinski Photography will store Clients names, contact details and session information privately and will not share these with any other business or organisation. Photographer permits you to control management of your personal information. Photographer will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you. Photographer will not sell or otherwise distribute this information to any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations. Photographer will use such information to respond to you as necessary. You grant Photographer a nonexclusive license to use this personal information solely as necessary to fulfil your request(s) or to enable your use of a particular Product or service, such as for shipping of Products.

It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.

Governing Law – This agreement shall be governed in accordance with the laws of England and Wales.