Terms & Conditions

These are the full Terms and Conditions on which I supply our photography services to you.

Please read them carefully before you make any booking with me for photography services, as they set out important information about yours and my rights and obligations.

Information about me and how to contact me - I am Lesley Fidell Photography of The Shires, Watford, Herts WD25 0JL
You can contact me by writing to me at: Lesleyfidellphotography@gmail.com
If I have to contact you, I will do so by telephone or by writing to you at the email address or postal address you provided me with in your booking.
My contract with you - After receiving your booking, I will contact you to confirm I've accepted your booking for my photography services. My acceptance of your booking will take place when I email you to accept it, at which point a contract will come into existence between you and I. You will then be required to pay the booking fee as detailed to you in writing.
If I am unable to proceed with your booking, due to unforeseen circumstances, I will let you know and you will not be charged and any amounts already paid shall be refunded.
The photography services that I will provide you under the contract will be set out and detailed in the booking form and invoice. The services will commence once the contract and booking fee payment are completed and, on the date, stated in the booking.
I will confirm the estimated completion date to you once I have accepted your booking form, however, any dates provided are estimates only and we shall not have any liability should we not complete the services on or prior to this.
The Photo Shoot - A parent or guardian must always be present when photographing children. The parent or guardian is responsible for their child’s behaviour and safety during the session.
Strictly no photography or videography of any form (including the use of items such as mobile phones) is to take place during the session other than that carried out by the photographer – anyone found to be doing so will be asked to leave and will forfeit their session fee to cover the photographer’s time and work carried out.
Due to the nature of the subjects being photographed, Lesley Fidell Photography cannot guarantee the outcome of the photo shoot. If the session involves an uncooperative subject (baby, child, pet or adult) or they are un-willing to have their photograph taken, I will happily rearrange the session. If this is not possible, no refund of the booking fee will be given.
Creative and artistic licence - The photographic coverage will be as my professional expertise determines. My judgement regarding the locations/poses and number of images taken shall be final. Various factors may make the production of certain photos not possible, such as the weather, uncontrolled lighting conditions and the availability and willingness of subjects. I will make all reasonable efforts to adhere to your requests, but I do not guarantee any specific photo, nor can I guarantee the use of any specific background or location, and I will not be responsible for any photos that cannot be produced.
I will aim to provide a pleasing colour balance, but I cannot guarantee exact colour matching.
I aim to have your proofs gallery ready within 14 days off the photo shoot date. The number of photographs included in any proof gallery will vary from session to session. It is understood that not all photographs taken during the session will be included in your gallery.
Equipment - If you, or any child or other attendee, breaks or damages in any way any of my equipment and/or property you understand and accept that you will be fully liable for the cost of replacing such equipment/rectifying such damage.
Editing - Whilst basic editing will be included within the services, advanced retouching, digital manipulation and artist finishing is only available to you as an optional extra, at additional cost, and are not included in the services as standard.
Copies - I will provide you with the prints and digital copies of the photos as confirmed in the booking form. Once supplied to you, it is then my responsibility to backup any copies and keep them safe. I will keep the digital copies for a reasonable amount of time, but I reserve the right to dispose of the copies once I have completed the services.
Providing access - If you have asked me to provide the services to you at your property or any other venue than that owned by me, you must provide me access. If you do not allow me access as agreed, I may charge you all additional costs incurred by me as a result.
Price and payment - The price for my services will be detailed on the booking form and invoice. It is always possible that, despite my best efforts, some of the services I sell may be incorrectly priced. If the service’s correct price at your booking date is higher than the price stated in our price list, I will contact you for your instructions before I accept your booking.
You must pay a booking fee of £50 within 7 days of booking, or prior to the date of me providing the services if it is within 7 days of booking. The balance of the photo session will be due on the day of the shoot.
Full payment is required when placing an order for additional prints/products.
Each item is bespoke and individually produced. When placing an order, you are agreeing to the approval of the item and understand that no item can be altered or refunded.
Expenses - Where extra expenses or time, outside of the scope of the agreed services, are incurred by me because of alterations to the original services by you, or otherwise at your request, you shall be liable to pay such extra expenses or fees at our normal hourly rate of £35 and shall be invoiced separately.
I am not responsible for delays outside our control
If my supply of your service is delayed by an event outside our control (such as our illness or due to any pandemic/government restrictions, for example) I will contact you as soon as possible to let you know and do what I can to reduce the delay. If I do this, I will not be liable for any such delay.
Should my supply of services be delayed due to your illness on the day of any photoshoot, I will look to rearrange the photoshoot with you. However, if it is not possible to rearrange the date within a reasonable time period, you understand that you will remain liable for the full fees due under the booking.
Should you arrive late for any photoshoot, you will only be entitled to the remaining time of that scheduled photoshoot and I will not be required to extend any photoshoot to factor in your late arrival. For the avoidance of doubt, you will remain liable for 100% of the fees for the services if you are late.
Your rights to end the contract - You may contact me at any time to end the contract for the services, but in some circumstances, I may charge you certain sums for doing so, as described below.
If you are ending the contract for a reason set out below the contract will end immediately and I will refund you for any services which have not been provided or have not been properly provided including the booking fee.

The relevant reasons are:

I have told you about an upcoming change to the services or these terms which you do not agree to.
I have told you about an error in the price or description of the services you have booked, and you do not wish to proceed.
you suffer complications in your pregnancy that result in your baby/babies passing away prior to the services beginning.
there is a risk the services may be significantly delayed because of events outside my control; or
you have a legal right to end the contract because of something I have done wrong.

Unless you have a right to end the contract immediately, and you cancel within 7 days for any booking, I will refund any advance payment, with the exception of the booking fee.
My rights to end the contract - I may end the contract at any time by writing to you if:

you do not make any payment to me when it is due, and you still do not make payment within 7 days of me reminding you that payment is due.
you do not, within a reasonable time of me asking for it, provide me with information that is necessary for me to provide the services; or
you do not give me access to your property or other venue you’ve stated to enable me to provide the services to you.

If I end the contract in the situations set out above, I will refund any money you have paid in advance for services I have not provided, with the exception of the booking fee, but I may also deduct or charge you reasonable compensation for the net costs I will incur as a result of you breaking the contract. For the avoidance of doubt, if you breach the contract within the notice period set out above, you will remain liable for the full fee under your booking.
I may write to you to let you know that I am going to stop providing the services. I will let you know at least 7 days in advance of my stopping the services and I will refund any sums you have paid in advance for services which will not be provided.
I may also suspend the supply of a service at any time. I do this to:

deal with technical problems or make minor technical changes; or
update the service to reflect changes in relevant laws and regulatory requirements.

I will contact you in advance to tell you I will be suspending the services, unless the problem is urgent or an emergency. For example, where I suspend the services due to our illness, I will provide as much notice as possible, but I may need to rearrange any photoshoot without warning.
Making changes to the services - if you wish to make a change to the services, please contact me. I will let you know if the change is possible. If it is possible I will let you know about any changes to the price of the services, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. For the avoidance of doubt, no variation or change to the services or this set of terms will be effective unless agreed by me in writing.
I can change services and these terms - I may change, at any time, a service to reflect changes in relevant laws and regulatory requirements
My Liability - my entire liability for any breach of these terms or any representation, act or omission (including negligence) shall be limited to the fee paid by you for the services and only for losses that are obvious. This limitation shall also apply if any photos are lost or corrupted due to equipment malfunction, are lost in the post or otherwise lost and/or damaged where I am not at fault.
I do not exclude or limit in any way my liability to you where it would be unlawful to do so.
I am not liable for business losses. If my services are for any commercial, business or re-sale purpose I will have no liability to you for any special, indirect or consequential loss or any loss of profit, loss of business, business interruption, or loss of business opportunity.
I use your personal data as set out in my Privacy Notice available on my websitre under FAQ’s.
Other important terms apply to my contract

You can only transfer your contract with me to someone else if we agree to this.
Nobody else has any rights under this contract. This contract is between you and me. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
Even if I delay in enforcing this contract, I can still enforce it later. I might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean it can’t happen at a later date.

These terms are governed by English law and the courts of England have exclusive jurisdiction over any dispute arising from the services.
The copyright and all other intellectual property rights in the photos produced by me shall remain the property of Lesley Fidell Photography. I shall have the right to be credited as the author of the photos produced. Upon full payment of the fee for the services, you will be granted a licence to use and display the photos produced for personal purposes only. Said photos may not be altered, copied, sold or used in any manner outside what is prescribed in these terms, such as for business purposes, without prior written permission of me. You must obtain my written permission from and compensate me prior to you re-distributing or selling the photos for any reason not prescribed in this document.
Lesley Fidell Photography cannot accept any responsibility or liability for colour balance or quality of any prints reproduced from the digital file that is supplied to third party printers from high street or online photo processing shops.
I reserve the right to use all photos I capture as part of the services for my advertising and promotional purposes. This shall include, but is not limited to, within my studio, any brochure, leaflets, other literature, inclusion on my website, galleries, competitions and social media. No photographs of a child under the age of 18 will be used in this manner without the consent of their legal guardian (a model release form will be available for signature on the day of the photo shoot).
Both parties confirm that they will let the other party know ahead of the shoot if they, or anyone they have been in recent contact with, are suffering from any symptoms of Covid-19, or any other viral illness. If you are feeling unwell before your shoot date, I will work with you to rearrange the date
Any complaints must be raised via email within 7 days of receiving the final photographs.