1. Introduction

These Terms & Conditions outline the agreement between the Photographer and the Client regarding photography services by Fernada Images. By booking these services, you agree to the following terms. If you have any questions, please see 14. Contact Details to contact the Photographer before proceeding.

2. Definitions

For those a little less able:

•      "Photographer" refers to Luke Mitchell, the provider of the Photoshoot & Photo Editing Service.

•      "Client" refers to the individual or entity booking the provided services.

•      "Services" refer to the professional photography work provided.

•      "Deliverables" refer to the final edited photographs provided to the Client.

3. Services I provide two services:

3.1. Photoshoot Service Process:

Once a time slot is booked and paid for, the Client and I will meet at the agreed location for a curated photoshoot based on the details provided in the booking form. Upon final payment, the Client will receive licensing rights for all delivered photographs at no additional cost.

3.2. Photo Editing

3.2.1 Photo Editing Service Process This is an additional service which is typically included in the same invoice, charged at a price per image. Clients can select the photos they wish to be edited (or may leave it up to the Photographer). The selected photos are edited individually to fit Client’s preference and to the Photographer’s taste. Clients may receive watermarked samples of edited photos from their shoot, so they can make an informed decision on which photos they want edited. Clients are gaining licensing rights when it is said they are purchasing photos from the Photographer - they are not gaining copyright ownership.

An alternative service may be offered where the Client can request licensing for unedited images from the shoot, hence not partaking in the photo editing service. This is not the default service however and is not likely be considered unless the Client requests or the Photographer deems it suitable. The availability of this service is solely at the discretion of the Photographer.

3.2.2 Quality Assurance Clients can be assured photos are not batched edited but edited individually, one by one, to enhance the natural intricacies and colours that make it beautiful as a raw image. Verbal intercourse between the Client and the Photographer is encouraged so that they can receive their images in the style they want. The Photographer will tailor the editing choices to the Client’s specific preferences, if any are desired.

3.3 Combination of Services Based on the current standard rates, the Client’s payment will include both the photoshoot fee and a fixed charge for each edited photo. The Client may choose to purchase additional photos from the shoot beyond those included in the invoice, however this will incur an additional charge which will be billed through a supplementary invoice. The Client may be charged a higher price per photo edited than was in the original invoice.

4. Booking & Deposits

4.1 Photoshoot Booking Process Upon submitting a booking form via fernadaimages.com , you will be contacted by the Photographer via email to discuss, confirm or request alteration of specified details for the photoshoot as well as the pricing. This conversation may move to other preferred contact methods, although the Client will receive an official invoice sent from contact@______, confirming and finalising the photoshoot booking. If the Client wishes to reschedule the shoot, they are allowed to do so free of charge unless it is within 24 hours of the shoot occurring (see 7.3 Cancellation Notice for more details).

4.2 Photoshoot Service Deposits

Default Service Invoice The Client will pay an initial 50% deposit of the price before the photoshoot takes place. They will then pay the remaining 50% a maximum of 5 business days after the photoshoot has taken place. If for some reason they are unable to pay partially through the main invoice, they will be issued a supplementary invoice to pay the remaining charge. Note emphasis on ‘after the photoshoot taking place’, not the completion of the edited photos. When paying an invoice exclusively for the photo editing service, the whole price must be paid upfront.

4.2.1 Invoice Terms Upon full confirmation and agreement, the Client will receive the invoice containing the meeting location, price and other additional terms and conditions or details relating to the shoot along with the pricing for the agreed number of edited photos. All invoices will be completed via ZohoBooks.

4.2.2 Invoice Alteration Once the initial 50% payment of the invoice containing the meeting location, price (and any other relevant details specified for the shoot/edited photos) is paid for, implying the given details are confirmed and agreed upon by both parties, the shoot details and number of edited images are not subject to change unless accepted by the Photographer. A change in confirmed details may result in an alteration of the Client’s fee e.g. the Photographer is informed that the meeting location changed to a much farther distance therefore requiring an increased price to cover the travel cost. This change in price will be processed through a supplementary invoice. The Photographer aims to be fully co-operative in the editing process, so is happy to make changes regarding editing preferences to the photos after payment if the Client requests. 

4.3 Additional Photo Editing Service

If the Client requests more photos to be edited than specified in the original invoice, they will receive a new invoice detailing the number of photos to be edited and the price for each, accumulating to a final price. Any additional fees from the photoshoot may be supplemented in the original invoice if still unpaid. This invoice must be paid upfront before the Photographer begins editing the photos.

5. Payment

5.1 Pricing

The pricing of the service is subject to the Photographer’s standard rates at the time, which will be communicated to the Client before the final invoice is issued. Whilst this rate is open for change through discussion before the final price is confirmed, price will unlikely differ between Clients unless there are exceptional circumstances. Upon full confirmation and agreement of the final price for the photoshoot and/or quantity of edited images, the Client will receive an invoice containing the final price for the service which they will pay via ZohoBooks before the service is delivered (see 4. Booking & Deposits). Once the invoice is paid, the price is not subject to change unless deemed appropriate by the Photographer resulting in a supplementary invoice tied to its original.

5.1.1 Photoshoot Service Pricing

Pricing for the photoshoot will usually revolve around an hourly rate with a set price if a certain minimum number of hours is booked. Depending on the location and other external factors that increase monetary expenditure for the Photographer, additional costs may be accounted for in the final price, e.g. travel expenses. Note that if the number of hours booked for a photoshoot steep below a certain threshold, then the Client must pay a set minimum price (this differs depending on Photographer’s standard rates at the time). Clients are responsible for financially securing any necessary permissions for locations, venues, or individuals appearing in the photographs. Alternatively, the Photographer is able to organise these permissions, but it may be charged as an additional fee in the invoice.

5.1.2 Photo Editing Service Pricing

The Client pays a price per photo edited. This price is dependent on the Photographer’s standard rates at the time, although there may be deals on offer where the Client buys a minimum number of photos and pays a lesser price as a result. If the Client requests additional photo edits beyond those included in the original invoice, a separate invoice will be issued for the additional work. Deals/offers for minimum quantity ordered do not carry across invoices unless requested by the Client within 2 days.

6. Licensing Rights

All raw and edited images/deliverables issued through the services of fernadaimages.com remain under copyright ownership of Luke Mitchell. Upon payment, the Client is granted a non-exclusive, non-transferable, and revocable license to use the delivered images for personal and/or business use including digital marketing, website, and social media. The Photographer controls the duration of the license; however, it can be assumed that it lasts indefinitely unless/until the Photographer specifies otherwise. This level of control also applies to the geographical scope of usage—that is, where and on what platform the Client may publish or share the images. Unless otherwise specified by the Photographer, the images may be used globally and, on any platform, unless/until the Photographer specifies otherwise. When posting the images publicly—whether online or in any other format—credit must be given to the Photographer by name or tagged appropriately, based on the platform or medium. This is unless the Photographer deems it not required, which is entirely up to his discretion. Unless permitted by the Photographer, the Clients are restricted from digitally altering, retouching, or applying filters to the images as this compromises with the intended outcome of the Photographer’s work. This permission can be assumed to be granted unless specified that it isn’t by the Photographer.

The Photographer retains full authority to revoke or restrict usage of the images at any time, for any reason. Resale, redistribution, sublicensing, or any form of third-party usage of the images is strictly prohibited without the Photographer’s written consent. Photographer retains the right to use the images for self-promotion, portfolio, and competitions.

It should be clear, that Clients are gaining licensing rights when it is said they are purchasing photos from the Photographer - they are not gaining copyright ownership. This applies throughout all the terms and conditions.

7. Photo Delivery

7.1 Delivery of Edited Images The editing of photos may take longer depending on the quantity requested and the Photographers personal schedule - although the maximum amount of time allowed to be taken is usually 45 days before the Client is entitled to a partial refund (see 8. Cancellations & Refunds). This maximum time allowed may differ between Clients and is subject to extension if the Client asks for further editing on new or already edited photos. This deadline is entirely down to the Photographer’s discretion, however. The Client will of course be given a predicted time of delivery, although this may not be indicative of the true time. Additional payments for faster delivery time are not accepted. The images will be sent to the Clients email via _____ in PNG format (unless requested otherwise), although other transfer methods can be resorted to if this is not possible/preferable. If there is an unforeseen delay in this process, the Photographer will ensure the Client is aware of this and will provide a rough date of when they will receive the images.

If specific photos to be edited are unrequested by the Client and/or deemed suitable by the Photographer, images will be handpicked at the Photographer’s discretion to be edited and sent as deliverables. If this is the case, it will confirmed as proof within the invoice or communication history in the contact method used between the Client and Photographer. The Client is not entitled to a refund or dispute if the edited images do not align with their preference, when this contradicts with their prior decision communicated before selections of photos to be edited were confirmed. The same rule applies if the Client is unhappy with the images handpicked by the Photographer, if they desire more they must purchase additional.

7.2 Delivery of Unedited Images The only circumstances a Client will view unedited (raw) images from their photoshoot is if either:

1.  The invoice specifies the Client will receive unedited images as their deliverables

2.  If the Client is choosing which photos form their shoot they desire edited, in which scenario they will be previewed watermarked images to make a better informed decision. These watermarked images are not deliverables hence the Client does not receive licensing rights on them. 

The Photographer is not required to show the Client raw or unready images, watermarked or not.

If there the images are not to be edited, this same 45 day deadline (and all its rules) apply.

8. Cancellations & Refunds

8.1 Unforeseen circumstances

8.1.1 External factors If unprecedented external factors that prevent the photoshoot from properly taking place occur (such as bad weather conditions, obstruction of shooting location) then the Client is entitled to a full refund, given that this is at fault of neither party. In this circumstance, the Client is given the alternative option to delay the photoshoot to a later date without further charge although if any other costs arise as a result, the Client may be charged an additional fee to cover the increase. If the shoot is cut short for unprecedented external factors, the Client is entitled to reschedule the remaining unused time to another date. Clients are not entitled to a refund in any way if they arrive late to a shoot late for reasons at their own fault. Regarding the Photo Editing service, the maximum submission deadline may also be extended free of charge as a result of uncontrollable external factors - this will be communicated to the Client if this is the case. The Photographer’s liability in a situation which hinders or prevents a service from being executed is strictly limited to a refund at the Photographer’s discretion.

8.1.2 Photographers personal factors Additionally, if unforeseen circumstances on the Photographer’s end arise that prevent the photoshoot from taking place, the Client will be contacted immediately and is entitled to a full refund or to reschedule the shoot. If there are personal factors that prevent the completion of editing photos, then the Client will be refunded for the photos that were requested but not completed. If this is an uncontrollable personal factor which delays the completion of the photos however, then the Photographer has the right to delay the maximum submission deadline, thus delaying the date THAT a partial refund can be demanded if all the requested photos to be edited are not complete. Additionally, if the Photographer sees any other reason to postpone the maximum submission deadline, they have full right to do so under their own judgement of fair reason. If the shoot is cut short, the Client is entitled to reschedule the remaining unused time to another date. Note that the Photographer holds the full right to withdraw from providing the service at any time. However, this does not apply in cases where the Photographer reasonably suspects fraudulent behaviour—for example, if edited images have already been delivered and the Client falsely claims not to have received them. The Client is not entitled to a refund if the Photographer is late to the shoot for reasons outside of his control. In this case, however, the Photographer may extend the shoot time to compensate for the original time lost or may provide a partial refund reflective of the time lost. Alternatively, the shoot may extend beyond the scheduled time, if mutually agreed upon, to cover the time lost If image files are lost/corrupted or there is an equipment failure which means the Client is unable to receive the raw or edited images from their shoot, they are entitled to a Z refund for the shoot or the images they paid for and were unable to receive. This is true unless any image files were lost after the Client has received them - from then on it is their responsibility to hold the photos. No further compensation will be provided. The Photographer’s liability in a situation which hinders or prevent a service from being executed is strictly limited to a refund at the Photographer’s discretion.

8.2 Maximum submission deadline There is a certain deadline by which photos must be edited by before the Client can request a partial refund of ___ % on the photos which are not complete by that time. This deadline usually spans for 45 days, although is not definite nor strictly warrants a refund if not met. It may differ between order and is subject to extension if the Photographer deems suitable. It is also extended if the Client requests more photos or requests the completed photos to be edited further. Additionally, if the Photographer sees any other reason to postpone the maximum submission deadline, they have full right to do so under their own judgement of fair reason. The initial deadline may be specified on the invoice but is not definite and is subject to change via any means of communication between the Client and Photographer. If the service is not fully completed by the maximum submission deadline and the Client has received no notice of it extending, the Photographer’s liability strictly extends only to a refund. Please note that this refund is issued only upon the Client’s request; the Photographer is not obligated to provide it automatically at the deadline without prior notification

8.3 Cancellation Notice If the Client cancels within 24 hours of the photoshoot due to personal factors, they are entitled to an 80% refund of the full invoice amount as consequence of late notice, unless they wish to reschedule to a date within the following 14 days. The 80% excludes additional costs, which are fully refunded. This policy is still applicable even if the Client has booked locations, venues, or individuals for the photoshoot. If the Client is over 60 minutes late to the shoot, the Photographer holds the right to cancel the shoot without refund. Although if the shoot is cancelled then the Client will likely be issued an 80% refund, based on the Photographer’s discretion.

8.4 Subjectivity The Client holds no right for a refund if the confirmed details of the shoot are fulfilled as specified in the most recent invoice or form of communication if details confirmed in the invoice were mutually agreed to change by both parties. Furthermore, the Client is not entitled to a refund if the delivered images, in some way, do not meet their level of expectations regarding their own subjective preferences in styling, composition and/or editing choices. This is likewise if the choice of photos to be delivered/edited contradict their prior decision on the photos selected as confirmed in forms of communication between the Photographer and Client. However, the Photographer may be happy to further edit the photo to the Clients liking if they wish, with an extension on the maximum submission deadline (8.2) although the Photographer has final say when the edited photos are finished. The Client is not entitled to a refund if they are unhappy with the images handpicked by the Photographer, if they desire more they must purchase additional.

8.5 Photographers Discretion The Photographer retains full discretion over all decisions regarding refunds, including but not limited to cases falling within ambiguous or grey areas. Any refund issued is solely at the Photographer’s discretion and is not subject to dispute or appeal. The Photographer reserves the right to determine when, where, and under what circumstances a refund may be granted or refused, ensuring complete authority over such matters. This policy supersedes any external interpretations or expectations, and by engaging the Photographer’s services, the Client acknowledges and accepts this condition in full.

9. Model Release & Privacy   *

9.1 Consent for Use of Images

9.1.1 The Client grants the Photographer permission to use images from the photoshoot for portfolio, marketing, social media, website, and promotional purposes unless otherwise discussed and agreed. 9.1.2 If the Client requires images to remain private, this must be requested before the photoshoot, so it can be specified in the invoice. Additional fees may apply for exclusivity. 9.1.3. The Client, when booking on behalf of a group or team, is responsible for ensuring that all individuals involved have provided informed consent for their likeness to be used in accordance with this clause. The Client acknowledges that they have obtained such consent and will indemnify the Photographer against any claims arising from the use of these likenesses.

9.2 Third-Party Usage

9.2.1 The Photographer retains the right to distribute images to third parties, unless otherwise agreed

9.2.2 The Client may not license, sell, or distribute licenced images for commercial purposes. If this does occur, any revenue the Client receives as a result of such operations must be redistributed to the Photographer with proof of the original transaction from the third-party.

9.3 Privacy & Data Protection

9.3.1 The Photographer will handle all personal data, including contact details and images, in accordance with applicable data protection laws. Unless the sharing of this information is authorised by the Client, this will be kept confidential and not shared with third parties.

9.3.2 Images and personal data will be stored securely and retained by the Photographer indefinitely, unless and until the Photographer decides to delete.

9.4 Revoking Consent

9.4.1 The Client may request that certain images not be used in the Photographer’s promotional materials by communicating a written request. However, this does not apply to materials already published or distributed before the request, and the Photographer is not obligated to agree to such a removal request.

This release is granted in perpetuity unless otherwise agreed in writing.

10. Disputes   *

In the event of any dispute arising from these Terms & Conditions, both parties agree to first attempt to resolve the matter through direct discussion and negotiation. If a resolution cannot be reached, mediation may be sought before taking legal action. Any legal proceedings shall be governed by and interpreted in accordance with the laws of the United Kingdom.

Clients must raise any disputes in writing within 14 days of the photos shoot taking place or receiving the edited photographs. After this period, the work is considered accepted. Disputes regarding subjective preferences (e.g., artistic style, editing choices) are at the sole discretion of the Photographer, provided the work aligns with the agreed-upon service.

11.Client Responsibilities

Clients are responsible for securing and providing full access to the agreed location, ensuring it’s safe, suitable, and free of disruptions. If permits, keys, or special access are required, these must be arranged in advance by the Client. Any delays, safety risks, or access issues on the day may lead to cancellation or additional fees. The Client, when booking on behalf of a group or team, is responsible for ensuring that all individuals involved have provided informed consent for their likeness to be used in accordance with this clause. The Client acknowledges that they have obtained such consent and will indemnify the Photographer against any claims arising from the use of these likenesses. The Client, along with any individuals present during the photoshoot, agrees to be responsible for any damage caused to the Photographer's equipment. If any equipment is broken, lost, or damaged due to the actions of the Client or anyone else involved, the Client will be liable for the cost of repair or replacement.

12. Image Backup & Storage Timeframe

The Photographer will store raw and edited images for a minimum of 6 months after delivery. The Photographer may still hold certain images after this time frame, although it is the Client’s responsibility to download and back up all deliverables within this period. Clients are not entitled to a refund if the Photographer loses access to raw and edited images after they have been sent to the Client.

13. Full Acknowledgment & Consent

The Photographer reserves the right to update these Terms & Conditions as needed. Any changes will be posted on the website.

By booking services under fernadaimages, you agree to all the above terms. If you require further clarification, please contact the Photographer before proceeding. In the event of any ambiguity or uncertainty regarding the terms, conditions, or provisions within this agreement, the interpretation that best aligns with the Photographer’s business objectives and operational requirements shall take precedence. Whilst the Photographer holds the responsibility to provide final clarity on any ambiguous points, this will be done in a fair and transparent manner, ensuring the interpretation reflect the overall intentions of the agreement. Although it should be known that the Photographer retains full authority to make the final determination in cases where clarity is needed for the benefit of the business. The Photographer also holds overall authority and control in all business decisions, including the right to refuse any Client, even after the invoice has been submitted. In such and in all cases, refunds are issued solely at the Photographer’s discretion.

14. Contact Details

The Photographer can be directly contacted through the email: _________ .