JOANNA OSBORNE COTSWOLDS PHOTOGRAPHER

Photography Terms & Conditions

 

Joanna Osborne Photography

 

Terms & Conditions

 

These Terms & Conditions apply to all photography services provided by Joanna Osborne, trading as Joanna Osborne Photography (“the Photographer”, “I”, “me” or “my”).

 

By booking a photography session with me, you confirm that you have read, understood and agreed to these Terms & Conditions.

 

1. Definitions

 

Booking means the photography services agreed between you and the Photographer.

 

Booking Form means any booking form or other written confirmation setting out the details of your photography session.

 

Client, “you” or “your” means the person making the booking.

 

Photo or Photographs means any photographic image, digital image, negative, transparency, artwork or other photographic material created by the Photographer.

 

Photography Services means the photography session or sessions agreed with you, including any associated services described on my website or Booking Form.

 

Reproduction means any copying, publication, distribution, display or other reproduction of a Photograph, whether in physical or digital form and whether altered or unaltered.

 

Session Fee means the fee payable to reserve a photography session.

 

Products means any prints, albums, wall art, digital files or other photographic products supplied by the Photographer.

 

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2. Copyright and Ownership

 

All copyright and other intellectual property rights in the Photographs remain the property of the Photographer unless expressly agreed otherwise in writing.

 

Copyright in the Photographs is owned by Joanna Osborne Photography in accordance with the Copyright, Designs and Patents Act 1988.

 

The Client does not acquire copyright or ownership of the Photographs by purchasing a print, digital image or other Product.

 

Unless otherwise agreed in writing, the Photographer retains the right to reproduce the Photographs for purposes permitted by these Terms & Conditions.

 

The Client must not sell, commercially reproduce, alter, edit, manipulate or otherwise exploit the Photographs without the Photographer’s prior written permission.

 

Where the Photographer’s copyright is infringed, the Photographer reserves the right to take appropriate action to protect her intellectual property rights.

 

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3. Prices

 

Current prices are those published by the Photographer at the time of booking.

 

Prices are subject to change from time to time, but any price change will not affect a booking that has already been confirmed.

 

Prices for additional Products, prints, albums, wall art and digital files will be confirmed before an order is placed.

 

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4. Booking and Session Fee

 

A £100 Session Fee is required to secure a photography session.

 

A booking is not confirmed until the Session Fee has been received and cleared.

 

The Session Fee is payment for reserving the Photographer’s time and date and is separate from any Products purchased following the session.

 

The Session Fee is non-refundable except where required by law, or where the Photographer agrees otherwise in writing.

 

The remaining balance for the agreed photography service is payable on the day of the session unless otherwise agreed in writing.

 

Payment may be made by bank transfer or cash.

 

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5. Consumer Cancellation Rights

 

Where the Client is a consumer and the booking is made as a distance contract or off-premises contract, the Client may have statutory cancellation rights under applicable UK consumer legislation.

 

Where a statutory cancellation right applies, nothing in these Terms & Conditions is intended to restrict or exclude that right.

 

Where the Client requests that photography services begin during a statutory cancellation period, the Client may expressly request that the services commence before the cancellation period has expired. Where permitted by law, cancellation after the services have commenced may result in payment being due for services already supplied.

 

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6. Cancellation by the Client

 

If you need to cancel your photography session, please notify me as soon as reasonably possible.

 

Because your booking reserves a specific date and time in my diary, cancellation may result in the loss of your Session Fee, subject to any statutory cancellation rights that may apply.

 

Where appropriate, and subject to my availability, I may offer an alternative date instead of cancellation.

 

Any replacement date is subject to availability and must be agreed with the Photographer.

 

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7. Changing the Date

 

If you need to change the date of your session, please contact me as soon as possible.

 

I will use reasonable endeavours to provide an alternative date, but an alternative date cannot be guaranteed.

 

Where a new date is agreed, the original booking will be transferred to the new date.

 

Repeated requests to change the date may be treated as a cancellation and rebooking.

 

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8. Arrival and Punctuality

 

Please arrive at the agreed time for your photography session.

 

If you arrive late, the session may need to be shortened so that it does not affect other appointments.

 

Where lateness significantly reduces the time available for the session, the Photographer cannot guarantee that all planned photographs will be captured.

 

If a Client fails to attend the session without reasonable notice, the booking may be treated as cancelled.

 

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9. Client Responsibilities

 

The Client agrees to:

 

• provide accurate information reasonably required to provide the Photography Services;

• follow reasonable instructions given during the session;

• inform the Photographer in advance of any relevant circumstances that may affect the session;

• ensure that children are appropriately supervised at all times;

• disclose any relevant safety concerns or requirements concerning a baby or child before the session;

• take responsibility for the behaviour and safety of children and other members of the party attending the session.

 

The Photographer reserves the right to stop or modify a session if she reasonably considers that continuing would create an unacceptable safety risk.

 

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10. Newborn, Baby and Family Photography

 

Newborn and baby photography requires particular care.

 

The Photographer will take reasonable precautions and use appropriate posing and handling techniques. However, babies and young children can move unpredictably and may become unsettled, tired or uncomfortable during a session.

 

The safety and wellbeing of the baby or child will always take priority over obtaining a particular photograph.

 

Parents or guardians remain responsible for their child throughout the session and must remain attentive and available to assist where required.

 

The Photographer may decline, modify or discontinue a pose or setup if she considers it unsuitable or unsafe.

 

Where a composite or digitally created image is used, the Photographer may combine multiple photographs to create the final image rather than placing a baby or child in an unsafe position.

 

The Photographer cannot guarantee that a particular pose, image or number of photographs will be achieved.

 

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11. Photographer’s Obligations

 

I will use reasonable care and skill in providing the Photography Services.

 

I will use reasonable endeavours to provide the services substantially as described on my website and/or Booking Form.

 

Photography is an artistic service and the Client acknowledges that the final appearance of photographs may be affected by factors including lighting, weather, location, clothing, posing, facial expressions, children’s behaviour and other circumstances outside the Photographer’s control.

 

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12. Artistic Style and Image Selection

 

The Client acknowledges that they have viewed the Photographer’s portfolio and understand the Photographer’s general style of photography and editing.

 

The Photographer retains creative control over the artistic style, composition, lighting, posing and editing of the Photographs.

 

The Photographer will make the final selection of photographs supplied to the Client unless a different arrangement has been agreed in writing.

 

Requests for extensive retouching or editing beyond the Photographer’s normal editing style may incur an additional charge.

 

The Photographer cannot guarantee that every image taken during a session will be supplied.

 

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13. Force Majeure and Circumstances Beyond the Photographer’s Control

 

The Photographer will not be responsible for failure or delay in providing the Photography Services where this results from circumstances reasonably beyond her control.

 

Such circumstances may include, but are not limited to:

 

• serious illness or injury;

• bereavement;

• adverse weather conditions;

• fire or flood;

• failure of utilities;

• transport disruption;

• government restrictions or legal requirements;

• natural disasters;

• equipment failure;

• venue or location becoming unavailable;

• strikes or industrial disputes; or

• other circumstances that could not reasonably have been anticipated or prevented.

 

Where reasonably possible, the Photographer will offer an alternative date.

 

If an alternative date cannot reasonably be arranged, any refund due will be determined in accordance with applicable law and the circumstances of the booking.

 

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14. Illness

 

The Photographer will not attend a session if she is seriously unwell or reasonably believes that attending would create a significant risk of transmitting an infectious illness.

 

Where possible, an alternative date will be offered.

 

The Photographer will communicate with the Client as soon as reasonably practicable in these circumstances.

 

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15. Equipment Failure and Loss of Images

 

The Photographer takes reasonable precautions to protect photographic files and equipment.

 

However, photography involves the use of electronic equipment and digital storage systems, and technical failure cannot be completely eliminated.

 

In the unlikely event that photographs are lost, corrupted or rendered unusable due to equipment, storage or technical failure, the Photographer will make reasonable efforts to recover the photographs where possible.

 

Where the photographs cannot be recovered, the Photographer’s liability will be subject to the limitations permitted by applicable law.

 

Nothing in these Terms & Conditions excludes or limits liability which cannot legally be excluded or limited.

 

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16. Liability

 

The Photographer will provide the Photography Services with reasonable care and skill.

 

Nothing in these Terms & Conditions excludes or limits liability for:

 

• death or personal injury caused by negligence;

• fraud or fraudulent misrepresentation;

• breach of statutory rights that cannot legally be excluded;

• or any other liability that cannot legally be excluded or limited.

 

Subject to the above, and to the extent permitted by law, the Photographer’s liability arising directly from the Photography Services shall be limited to the amount paid by the Client for the relevant Photography Services.

 

The Photographer will not be liable for indirect or consequential losses to the extent that such liability can lawfully be excluded.

 

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17. Safety

 

The Photographer will take reasonable care to provide a safe environment and conduct photography sessions using appropriate care.

 

Parents and guardians remain responsible for supervising children and babies throughout the session.

 

The Photographer may stop a photograph, pose or activity if she considers it unsafe.

 

Nothing in these Terms & Conditions requires a Client to waive legal rights that cannot lawfully be waived.

 

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18. Products and Orders

 

All Products must be paid for in full before they are ordered, produced or dispatched unless otherwise agreed in writing.

 

Prints and enlargements will normally be supplied with a professional lustre/matt finish unless otherwise agreed.

 

Product sizes and specifications must be confirmed at the time of ordering.

 

Because some Products are made specifically to the Client’s requirements, cancellation rights may be affected where applicable law provides an exception for personalised or bespoke goods.

 

The Photographer will provide details of any applicable exceptions before or at the time of ordering where required.

 

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19. Digital Images

 

Where digital images are purchased, they will be supplied in the format and manner specified at the time of purchase.

 

The purchase of digital images grants the Client personal, non-commercial use of those images unless otherwise agreed in writing.

 

The Client may print and share the images for personal purposes but must not sell, licence, commercially exploit or materially alter the images without the Photographer’s written permission.

 

The Photographer recommends that Clients make their own backup copies of digital files once received.

 

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20. Advertising, Portfolio and Social Media Use

 

The Photographer may wish to use photographs from sessions for portfolio, website, social media, advertising, competitions, exhibitions, brochures, leaflets and other promotional purposes.

 

Client consent for promotional use will be requested separately.

 

If you do not wish your photographs to be used for promotional purposes, please inform the Photographer before the session.

 

Refusing permission for promotional use will not affect the price or quality of the Photography Services.

 

Where consent has not been provided, the Photographer will not use identifiable photographs of the Client or their children for promotional purposes, except where otherwise permitted by law.

 

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21. Personal Data and Privacy

 

Personal information supplied by the Client will be handled in accordance with the Photographer’s Privacy Notice.

 

The Photographer will only collect, use and retain personal information for legitimate business purposes and in accordance with applicable data protection legislation.

 

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22. Reprints and Enlargements

 

All reprints and enlargements must be paid for in full before production or dispatch.

 

Unless otherwise agreed, prints will be supplied in lustre/matt finish.

 

The Client is responsible for checking the size and specification of an order before it is placed.

 

Where a Product is defective or does not conform to the contract, the Client’s statutory rights remain unaffected.

 

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23. Complaints

 

If you have any concerns about the Photography Services or Products, please contact me as soon as reasonably possible so that I have an opportunity to investigate and resolve the matter.

 

Complaints should preferably be made in writing and should include sufficient information for me to identify the relevant booking or Product.

 

Nothing in this section affects your statutory rights.

 

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24. General

 

These Terms & Conditions, together with the Booking Form and any written agreement between the parties, constitute the agreement between the Photographer and the Client in relation to the Photography Services.

 

If there is any conflict between these Terms & Conditions and a specific written agreement relating to a particular booking, the specific written agreement will take precedence to the extent of the conflict.

 

No variation to these Terms & Conditions will be binding unless agreed in writing, except where otherwise required by law.

 

If any provision of these Terms & Conditions is found to be invalid, unlawful or unenforceable, the remaining provisions will continue to apply.

 

A person who is not a party to the agreement shall not have rights under it, except where applicable law provides otherwise.

 

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25. Governing Law

 

These Terms & Conditions are governed by the law of England and Wales.

 

Any dispute arising in connection with the Photography Services or these Terms & Conditions will be subject to the jurisdiction of the courts of England and Wales, subject to any mandatory consumer rights that may apply.

 

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Joanna Osborne Photography

 

These Terms & Conditions were last updated: 28th September 2026