TERMS AND CONDITIONS
The Photographer – Andrew Winter
The Client – The Undersigned
Animal Welfare
The pets’ welfare is my first priority and is something that I feel very strongly about.
The Photographer will not take photographs of pets in situations that they feel uncomfortable with or that could be interpreted as cruel, harmful or non-respectful of their wellbeing.
The Photographer will not take photographs of animals under the following conditions:
in costumes, in cages, behind bars, behind chainlink fencing, behind any other type of fencing or barrier, in prong collars, electric collars, or any other type of collar that I deem to be harmful to the animal comfort.
The Photographer reserves the right to refuse to take photographs if they are uncomfortable with any situation regarding the animal or with the behaviour of the owner.
Bookings
The Client shall pay a fully refundable booking deposit of £50 at the photographers’ discretion, taken at the time of booking to guarantee the appointment time and limit non-attendance. The balance shall be paid before the week of the date of the event. If the balance is not paid then the photoshoot booking will be cancelled and the booking deposit will be rendered non-refundable at the photographers’ discretion.
For promotional photoshoots, the full cost of the shoot must be paid on booking. Any charity deposits or donations are non-refundable.
Further terms and conditions may apply regarding the final product.
If for any reason you fail to attend your appointment or fail to notify ANDREW WINTER PHOTOGRAPHY / ANDREW WINTER within 48 hours of your appointment, any deposit paid will be rendered non-refundable.
Appointments once booked are non-cancellable and may only be rescheduled. Failure to attend
The session fee will be refunded if requested when no images are purchased and any complimentary offer is not claimed.
No images or products will be supplied if a refund is issued.
Cancellations and Wet Weather
The Photographer understands that the weather, illness, or other reasons may cause the Client to reschedule a session.
The Client will not be charged a penalty for rescheduling a session provided at least a 48 hours’ notice is given.
The Client may reschedule the session, at the convenience of the Photographer, without being charged a fee.
No show or rescheduling within 48 hours will incur a £50 reschedule fee at the discretion of the Photographer.
The Photographer will make every effort to spend the necessary time, including on multiple days, at the convenience of the Photographer.
The Photographer may reschedule without penalty.
If a client should arrive up to 15 minutes late for an appointment, we cannot guarantee all aspects of the service and the deposit cannot be refunded.
If a client should arrive later than 30 minutes for an appointment ANDREW WINTER PHOTOGRAPHY / ANDREW WINTER will not provide any services and any deposit will be lost.
If for any reason you fail to attend your appointment, any deposit paid will be rendered non-refundable.
The photographer may postpone / re-arrange a photoshoot at the last minute due to changing weather forcasts.
If a shoot needs to be called off during the session then another booking will be made to complete the shoot at no cost to the Client.
If the photographer cancels a photoshoot for any reason and it cannot be re-arranged then any fees paid in advance will be refunded. Charity donations cannot be refunded and so photoshoots will be re-booked.
Travel
Travel within 20 miles of KA4 8EL is included in the session fee.
A travel fee for sessions outside of this may be added to the cost of the contract.
Travel fees are based on mileage to and from the location and may change as necessary.
Unless travel is provided, all travel and toll fees must be prepaid.
The Shoot
The Client shall assist and co-operate with The Photographer in obtaining the desired photographs.
The Photographer shall not be responsible for photographs not taken as a result of Client’s failure to provide reasonable assistance or cooperation.
The Client will be respectful to the Photographer and all parties being photographed.
The Photographer has the right to end the session, without refund, if there is lack of cooperation or respect or concerns over the animals’ welfare – See Animal Welfare.
The Client will not hold the Photographer or the owner of the property liable for any injury that may occur during the session.
ANDREW WINTER PHOTOGRAPHY / ANDREW WINTER accepts no liability for the loss or damage of any equipment or personal belongings as a result of attending a photoshoot.
For copyright purposes no personal photography or filming is permitted during the photoshoot.
The use of digital cameras, camera phones, video recorders, or any other photographic/video capture device is STRICTLY PROHIBITED.
On rare occasions due to unforeseen circumstances your Photoshoot may be running behind. We will endeavour to keep this to a minimum however delays on occasions can occur.
The Client will only bring dogs from the their household.
Promotional/Charity Photoshoots
Dog Promotional / Charity photoshoots are to take place in various locations in Ayrshire.
Equine Promotional / Charity photoshoots are to take place in your yard/stable area/fields within 20 miles of KA48EL.
Promotional/Charity photoshoots are available outside of the stated area but may incur travel costs to be paid before the session.
Donations made to Charity are non-refundable.
Donations must be confirmed before a photoshoot is booked into the diary.
Dog and Equine Photoshoot Giveaways are only available for new clients or clients who have not had a photoshoot for 12 months or more.
Digital Images and Prints terms of use
The Photographer reserves the right to use negatives, RAW images, edited images and/or reproductions for advertising, display, publication or other purposes, not restricted to use on the web, Facebook, business cards, or posters.
Original photographs are not included, only edits. Photographer retains the right to edit the photographs and omit any image. It is understood that Photographer will not deliver every exposure taken. Client agrees to abide by Photographer’s editing decisions.
The Client may not reproduce the album, digital gallery or files in any way. Additional copies may be purchased for a fee. The album, digital gallery or files are only for the owner (the paying client) to print photographs (as noted in the release).
The Client may not edit the photographs in any way. This includes, but is not limited to, removal of watermarks, cropping, or using filters. Printed photograph quality will depend on where it is printed. Only prints printed through the Photographer will be guaranteed for colour and quality.
The Client may print images at the professional photo lab of choice (excluding one-hour labs at super markets and pharmacies).
If included, files in the “web” folder or with “web” in the name are resized and sharpened for web viewing (i.e. Facebook, Flickr, Blogger). These files may be watermarked and should be used. Client should not print these files. These files should be used on the Internet (web, Facebook, e-mail, etc.).
Photographs may be used for advertisement (modelling, head shots, etc.) for an additional fee. Credit to “ANDREW WINTER PHOTOGRAPHY / ANDREW WINTER” and must be clearly given for the photograph.
Photographs may not be entered in photo contests without expressed permission from the Photographer. An additional fee may be required for use.
Digital album downloads will be removed after thirty (30) days. A fee will be charged to repost digital album downloads.
Completion of processing and edits of a photography session may take up to four (4) weeks for delivery.
Strictly no refunds are permitted once copyright has been handed over in the form of images purchased Via Digital Transfer or Digital Gallery.
Copyright remains with the Photographer. The Client agrees that any images taken by the Photographer belong to the Photographer and can be used for advertising/display purposes at the Photographer’s discretion.
The Photographer will endeavour to provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially when using manmade fibres. It's sometimes impossible to record on film/digital file the exact colour as seen by the human eye.
NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce these photographs without Photographer’s permission, and violators of the Law will be subject to its civil and criminal penalties.
Digital Images
The Client will receive photos by Digital Download or Digital Gallery with print release for personal viewing use only.
The Digital Download or Digital Gallery includes images for printing and may be used on the web, Facebook, or email.
The Client may not use them to enter competitions, claim them as their own in any circumstances or use them for their own financial gain by selling copies.
The Client understands that when publishing photos on websites, i.e. personal website, Facebook, etc., the client will not edit the photos in any way, i.e. editing the watermark, cropping, filters, etc.
The Client is responsible for making a backup of all photos from the Digital Download or Digital Gallery.
Additional copies or replacements may be purchased from the Photographer.
The Photographer will make every attempt to keep archival copies of photos but does not guarantee that they will be retained indefinitely.
For images that have been archived, there is a financial charge for unarchiving images at a later date if it is not connected with a current shoot.
Backup copies are for client use only and may not be distributed to others.
Viewings and Ordering Session
The viewing of Client images will either be done by appointment in person at 76 Orchard Street, Galston, KA4 8EL, online in person via video call or by a slideshow and gallery viewable at the Clients’ convenience. Covid restrictions and precautions may affect in person consultations.
The Client will need to be visible so will need a working webcam.
Viewings cannot be undertaken via mobile phone.
A Client under the age of 18 will require an adult present throughout the viewing.
The Client should endeavour to use the biggest screen they have.
The Client should make sure they have prepared for the viewing and ordering session by reading all the guidelines and being familiar with product prices.
It is suggested that Clients measure potential spaces on the wall when considering wall art so they are aware of the sizes and what they will look like in their home.
For purchases, the card holder must present at the viewing / ordering session.
Failure to pay a payment request may mean that the Clients’ order is cancelled and no monies will be re-funded.
It is the responsibility of the Client to make sure they have the funds on a monthly basis to pay any money requests before they agree to the payment plan.
The Client is under no obligation to buy anything.
The Photographer will never try to hard sell, coerce or pressure the Client into a sale.
All Images whether Print or Digital are protected legally by copyright laws and are for personal use only and cannot be used for advertising, self promotion or for retail of any kind without written permission. See also Digital Images.
Slideshows and Galleries
When the slideshow is ready the Client will be notified and a weblink sent.
The Client will be able to view their slideshow as many times as they wish during a 24hr period once activated. This cannot be extended. During this time package options are available to purchase.
If the Client purchases a package, then the Client will again have access to their slideshow for private viewing and access to the online store for 30 days.
The Client has up to 30 days to make purchases or further requests regarding an order for pictures, prints, albums, wall art etc. after that we have the right to close the gallery, store, slideshow and purchasing options and will close the account.
After 2 months the Photographer is not responsible for the original raw footage (photo/video).
Archiving The Images
The Photographer will archive the edited images / video in multiple places so that they are secure for future use. No further editing will be possible.
If the Photographer needs to delete an archive then every attempt will be made to contact the Client to inform them of this.
It is the responsibility of the Client to inform me of any changes to their contact information if they wish to be kept informed.
Orders
The charges in this Contract are based on the Photographer’s Standard Price List.
This price list is adjusted periodically, and future orders shall be charged at the prices in effect at the time the order is placed.
No part of any order, including previews, will be delivered until the balance is paid in full.
Payment for prints is required in full at the time of placing an order. Prints will not be ordered until payment is made.
Prints, frames and images purchased must be collected within 1 month of the purchase date if collecting.
Some products will be shipped directly to the Client for ease but may incur postage costs.
If there is anything you are not happy with you must inform the Photographer within 24 hrs of receipt and still have all the packaging for a return if deemed necessary.
Unclaimed products may be disposed of. This does not affect your statutory rights.
Payment Plans
Payment plans are available to Clients on orders over £400 and are organised through 'Go Cardless'.
The Client will need to pay a deposit at the viewing and ordering session and then the balance can will be split into one or two monthly payments.
This is not a credit scheme and so no products can be ordered until full and final payment has been made.
The Client will not be charged any fee for the use of the payment plans available.
All payments are non-refundable.
The Photographer reserves the right to withdraw or change the details regarding payment plans as necessary.
7. Gift Vouchers / Complimentary Frames
Only one promotional voucher can be used per Client family every 12 months.
Vouchers must be used as described and cannot be exchanged for cash or other goods as part of their promotion. If the voucher also includes a photographic product, this cannot be exchanged for another product or cash value to be traded against further products.
Vouchers cannot be used in conjunction with any other offer.
Vouchers are for new sessions only and cannot be used to purchase images from a previous session.
Vouchers are valid for 6 months from the date of purchase. This can be extended at the discretion of the Photographer
Clients will need to produce their Voucher at the photoshoot for the photoshoot to go ahead.
No further purchase is necessary.
The Photographer cannot choose images on your behalf.
All donations must be made before Vouchers are sent out.
Donations must not be made anonymously.
Complimentary offers can be sent to your address by Royal Mail. Postage charges may apply.
8. The Xperience Awards
1. Photographs which have been taken by a professional Xperience photographer between 1st October 2022- 4th October 2023 are eligible for entry to the competition. Only applicable to 2023 Xperience photographers.
2. Entries must be professionally taken by your Xperience photographer and submitted by them as a full resolution file. There will be no limit to the number of entries per Xperience photographer. Copyright belongs to the professional photographer / Xperience Studio signing the form.
3. If the photographer is an employee, the employer consent must be obtained in order for the employee to enter the competition. All entries in this case will only be accepted with the written and signed permission of the proprietor(s) of the business and have full meta-data attached to the digital image file.
4. Images produced on workshops and/or training seminars are not permitted for entry into the Awards.
5. Finalist photographers will be announced after each judging.
6. Closing date for entries is 5th October 2023.
7. Judges reserve the right to withhold prizes on unsatisfactory quality of entries.
8. Finalists photographers will be notified after each judging.
9. Overall winners will be announced at The Xperience Group Photographic Awards Event streamed live on the 19th November 2023.
10. Any prizes offered by your Xperience must be accepted as offered and claimed directly with them. No cash alternatives. This refers to any prize the individual studio may offer as incentives to promote the awards directly and offer to their winning clients.
11. The judges’ decision will be final.
12. The Xperience Group reserves the right to reproduce (cropped if necessary) any of the winning images for advertising or publicity purposes connected with The Xperience Group without payment. The entrant hereby agrees to such use and will, if required, make digital files available to The Xperience Group for such use.
Xperience Awards 2023 rules of Entry Set on 1st October 2022.
Any adjustments will be marked by * or **
First judging: 23rd February 2023
Second judging: 8th June 2023
Third judging: 5th October 2023
Overall winners announced: November 19th 2023
COVID-19 Policy
'Andrew Winter Photography' is following these enhanced procedures to prevent the spread of COVID-19 and to protect our clients, staff and families:
The Photographer requires one handler per animal at the session location.
The Client should follow Government guidelines regarding car sharing and social distancing when bringing guests with them.
The Client will contact the Photographer to have their shoot re-booked at a later date if they are ill or have been in contact with someone who has tested positive.
The Photographer will add additional time between appointments to prevent client and/or pet contact with each other.
The Photographer has a discretionary no-contact policy between themselves, clients and their pets.
The Photographer has in place additional cleaning of equipment and clothing.
The Photographer has a restricted number of shoots on any given day.
Online Viewings are available for every photoshoot.
The Photographer will provide home delivery of products if requested at cost.
The Photographer will have extra hand sanitation before, during and after the shoot.
Pre-payment of services available if clients prefer contactless checkout.
The Photographer will endeavour to have a 2 metre social distancing working environment at all times.
The Photographer would prefer to work without PPE, like masks and gloves, but at your request ahead of the shoot or for specific reasons or government guidelines, we will of course do so.
If the Photographer feels unwell, has a temperature or any other possible symptoms, they will postpone the shoot at no extra cost to the Client.
GDPR Statement
Andrew Winter Privacy Policy
Andrew Winter Photography is a Sole Trader specialising in the photography industry. Andrew Winter Photography runs a photographic business specialising in location photoshoots for dogs and horses.
The company Andrew Winter Photography operates from 23 Elmbridge Road, Cranleigh, Surrey GU68NH
This website privacy policy describes how Andrew Winter Photography makes use of the information you give the company when using the websites and its marketing. If you are asked for personal information when using our marketing services or website, it will only be used in the ways described in our privacy policy.
Please note that our privacy policy is updated from time to time. The latest version is always published on this page.
The website privacy policy was updated on August 9th2019.
What do we use your personal information for.
We gather and use certain information about individuals to provide products and services and to allow certain marketing functions as well as online sales on this website. We collect personal data from marketing and site registration. Any data you provide can only be used with your permission. We will maintain our records for online, telephone and offline contact with you.
When running competitions
We usually ask for the following when we are running competitions, or anything related to our online or at event marketing.
Name, Address, Contact Email, Contact Telephone number, demographic postcode and at times preferences.
Other information in relation to specific competitions may be asked for like children’s ages and pet breed.
When buying a gift, we will also ask for the recipient’s name and address.
Any other information requested will be in connection with your enquiry, any special offers and as stated competitions.
Your Choices
You may opt out of receiving information from us by email or post at any stage by either contacting us or by clicking unsubscribe on our emails. If you would like to speak to someone directly please call 07941 458267 or email us at andrewwinterphotography@gmail.com
Data Processing
We process data at our offices at 23 Elmbridge Road, Cranleigh, Surrey GU6 8NH.
We apply UK data protection law to our processing.
Data Security
We take appropriate steps to maintain our contact information in a secure format and environment to prevent unauthorised usage. Any staff are bound by contract to our GDPR policy.
Use of your information
Your personal details that you have provided are only used by us to improve our services as well as to contact you in relation to your enquiry, special offers, online order processing, online and event registration. Also, to contact you in connection with our own business development, market research and gifting service.
Your information will never be shared with any other business or contact without your written consent.
Clients personal data will be stored for a minimum of six years unless stated at the time. Clients data will be removed if requested within 30 days unless the data can not be removed for contractual or legal reasons. Clients will be informed that their request of data removal has been carried out or that due to contractual reasons or judicial proceedings that the data can not be removed.
If you wish to contact us:
Andrew Winter Photography
76 Orchard Street
Galston
East Ayrshire
Scotland
KA4 8EL
07941 458267
