Terms and Conditions
By placing an order or making a booking with DK Capture Photography is acceptance of these terms and conditions.
The terms and conditions apply to any agreement (“The Agreement”) written or verbal between DK Capture and (The Client) placing an order with DK Capture for photographic services or sale of goods and digital files.
Payment Terms
Payment for the studio sitting including makeover is payable at the time of booking. Orders for any additional prints, enlargements, canvas prints, albums, album pages, digital files or other services must be paid in full at the time of order. Once the order has been confirmed by both parties and is in the process, changes and refunds are not permitted. Prices are as shown on DK Captures’ price list currently in force or as stated in the quotation. All prices are subject to change without notice. In the event of a technical error or oversight on pricing, discounts online, a refund will be issued and orders to be re-submitted once the error has been rectified.
A deposit is required to confirm your voucher bookings. For extension of out of date vouchers, a £10 administration fee will apply and will be charged at the time of extension request. The sitting fee paid at the time of booking is not refundable. Booking fees will be credited to your proofing album to purchase finished products as per the current price list. The refundable deposit will be returned on receiving a confirmation via email that you have finished placing your orders and you do not wish to use the deposit for further purchases.
Cancellation
All booking payments are not refundable. Booking can be re-scheduled within 3 days, no shows after 20 mins of shoot start time without notification of running late or unable to make sitting, sitting will be canceled without refund of deposit. Refunds of booking fees are not permitted. Cancellations of makeover shoots: Payments made at the time of booking will NOT be refunded. Makeover Shoots re-scheduled within 72 hours will incur a £55 fee to re-book makeup artist.
Booking payments are not refundable if the booking is canceled.
COVID 19
In the instance of a Government COVID lockdown all payments made at time of booking will be issued with a credit note to use at a later date.
Commercial Photography
In the event, the booking is cancelled within 3 working days a cancellation fee of £125 will incur.
Late Invoice Payments, Invoices payments are due on receipt. Images are not to be used until full payment has been received. Payments not received after 30 days will incur a late payment fee of £55. We reserve the right to claim statutory daily interest at 8% above the Bank of England reference rate in force on the date the debt becomes overdue and at any subsequent rate where the reference rate changes and the debt remains unpaid in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.)
If DK Capture finds it necessary to cancel or cannot deliver The Agreement due to an act of God, adverse weather conditions, loss or accidental damage to equipment, strike, or any cause beyond the control of DK Capture, or due to photographers illness all monies paid including the deposit will be returned to the Client and DK Capture shall have no other liability. The liability shall not exceed the value of the Client’s order. Limitation of liability shall apply to any loss, damage or corruption of any media film or electronic data or storage media such as Compact Discs/USB Presentation not caused by DK Capture.
Health & Safety Policy
DK Capture takes every reasonable effort to ensure the premises and equipment are deemed as suitable and safe for all users at all times. The Client is fully responsible for their own actions, and responsible for the children they are in attendance with. Any damages or breakages to the property that incur as a result of the Clients action shall be the responsibility of the Client to pay or rectify as agreed with DK Capture.
DK Capture does not take any responsibility for any loss or damage to any personal belongings within or outside the studio. DK Capture sessions can involve some physical activity, which is undertaken at your own risk. The Client agrees DK Capture is not liable for any injury caused to the Client within or outside the studio.
By making a booking the Client declares that they are over 16years and deemed healthy to participate in a photoshoot. DK Capture takes no responsible action for any outcome as a result of any false information provided or withheld from DK Capture. DK Capture requests that all Clients advise DK Capture of any special or medical requirements are needed to make the Clients experience at DK Capture Studio more comfortable and accessible.
Vouchers/Credit
Vouchers, Deal Voucher and booking credit are valid as per date is written on the voucher or 6 months from credit purchase date and are non-refundable and cannot be exchanged for cash. One voucher is permitted per sitting. A £10 fee to extend out of date vouchers will be applied. Discount vouchers, free print vouchers, and any other promotional voucher must be given to the studio before the sitting. Vouchers for previous sittings will not be accepted after the sitting date.
Third-Party Voucher: Special offers and discounts are not permitted for third party vouchers. Third-party vouchers are only valid for NEW CLIENTS ONLY as per voucher companies Terms and Conditions. In the event, a previous client makes a booking using a deal voucher the booking deposit will be charged for admin and reclaim costs.
Travel
Travel is limited to ten miles from BH10 7EB. The cost of extra mileage and any overnight accommodation will be agreed at the time of booking.
Proofs
The selection of images provided to the Client will be at the discretion of DK Capture and may not be all those taken. DK Capture will only provide passwords to a preselected party. DK Capture is not responsible for other parties viewing client’s images who obtain passwords from any third party.
Confidentiality
The Client and DK Capture agree to keep details of The Agreement confidential from any third party except as required by law. Images and Client names may be used in accordance with the condition of Copyright.
Copyright
The Copyright, Designs and Patents Act 1988 states that the Copyright of all images taken by the photographer is owned by the photographer.
Copyright in all images created remains with DK Capture Photography unless transferred for a specified sum and terms specifically agreed in writing. DK Capture retains the exclusive right to reproduce such images. All goods provided by DK Capture to the Client according to the order are for personal use only. (Unless studio shoot is booked and charged as a Commercial shoot) and may not be sold or reproduced by anyone other than DK Capture.
The Client shall not reproduce in any form including but not limited to photocopying, scanning, displaying on a computer, and on the internet images created by DK Capture without prior written agreement and terms.
The Client agrees that DK Capture has the unrestricted right and permission to copyright and use, re-use, publish, and republish photographic portraits or pictures of the Client or in which they may be included intact or in part, composite or distorted in character or form, without restriction as to changes or transformations in conjunction with DK Capture or a fictitious name. As well, reproduction in colour or otherwise made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose whatsoever. In the event, the client does not wish to consent the use of their images confirmation is required in writing.
If images are found to be used on Instagram, Facebook or any other social media without purchase the client agrees to purchase all images from their sitting at the full price as not to break Copyright infringement.
Original Image retention
The digital files will be retained for a period of 4 months from the date of the sitting. Print orders will be recycled if not collected within 35 days.
Liability
The Client will indemnify DK Capture against all claims, liability, damages, costs, and expenses, including legal fees and expenses as a result of the use of images or images modified by the Client for which no release or permission was provided or granted by DK Capture. If no release or permission exists in writing then no release or permission exists.
The Client indemnifies DK Capture against all claims, liability, damages, and expenses incurred in connection with any third party claim arising out of the use of such material. The liability for any claim is limited to the total invoice amount.
Refund & Exchange Policy
If you are not completely satisfied with your purchase please contact us immediately to alert us of the problem and if a replacement is required, Please return the item to us in its original condition within 7 days of receipt.
The returned item should be in its original presentation folder, mount or frame with the original packaging and documentation. Please enclose a note indicating the reason for the return together with your address and all contact details. Due to the nature of having to process our images after the prompt of sale; refunds will only be issued on faulted goods. We shall replace the item or if this is not possible issue a full refund, excluding the original delivery charge, will be given.
The item is your responsibility until it reaches us. Therefore, we ask that you personally bring the item to our studio or send the item using a reputable delivery service that ensures you for the value of the goods. The cost of returning the item to us is your responsibility.
PLEASE NOTE: We cannot refund purchases of digital files once they have been distributed.
If a refund is necessary, we shall issue this on receipt of the returned item. Payments are made to the payment method. Credit Note of full amount is issued or an admin fee of £20 plus the merchant fees will be deducted. Please allow 14 days.
Interpretation
No changes will be made unless included in The Agreement or agreed in writing.