The following Terms and Conditions of service apply to all products and services provided by Helen Palmer (hereinafter referred to as Helix ) and in the event of any dispute are governed by the laws of England. All work is carried out by Helix on the understanding that the client has agreed to our terms and conditions. Copyright is retained by Helix on all design work including words, photography, ideas and visuals unless specifically released in writing and after all costs have been settled. If a selection of photography is presented and delivered, only that solution is deemed to be given by us as fulfilling the contract.

Image Licensing

Any third parties who are not clients (e.g. bloggers, businesses) who wish to use any image created by Helix for, including but not limited to, website publication, print publication and/or blog publication, must contact Helix directly to first enquire as to whether the image is available for licensing and if so to apply for a personalised Licence to Use Agreement. Use of any image created by Helix is strictly prohibited until permission is granted by the Photographer. The customer also agrees to allow Helix to place images, along with a link and or tag address to the client’s site and or online media stations on Helix’s own website and or online media stations for demonstration purposes and to use any imagery in its own publicity and portfolios.

Definitions

For the purpose of this agreement “the Client” is any individual who has made a payment to Helix for a photography session, and all attendees of the photography session the payment relates to. “The Photographer” refers to Helen Palmer, trading as ‘Helix’.

Agreement

This contract comes into effect from the date of receipt of any payment by the Client to the Photographer. By making a payment to Helix the Client agrees to these Terms and Conditions. Unless otherwise agreed in writing, all services and goods provided to the Client will be subject to the terms and conditions of this Agreement.

Deposit and Payment

Prices will be listed via email to the Client prior to booking. Payment can be made via cheque or bank transfer. Payment is divided in to deposit payment and balance payment. The Client shall make a deposit payment to Helix. The deposit amount and session prices will be specified in writing via email to the Client and on the Client’s deposit invoice. Upon payment of the deposit, Helix will reserve the Client’s session date. Helix will not hold the session date and will have no liability for, or duty to, photograph the session until the deposit payment is received. The remaining balance of the commission is due on the day of the photography session. For portrait sessions, the Client is invoiced for the minimum package and if after viewing their proofing gallery they wish to upgrade to a larger package, the difference is invoiced afterwards. Due to the bespoke nature of digital imagery, digital images are non-refundable - upon delivery of the digital images via an online gallery no monies will be refunded.

Cancellation

The Client has a right to cancel at any time during the cancellation period without giving any reason. The cancellation period ends at the end of 14 days after the day on which the contract is entered into, which is the day any payment is received by Helix from the Client. To cancel the contract, the Client must inform Helix in writing (e.g. letter, email, text message), following which Helix will reimburse all payments received from the Client. Helix will refund the Client using the same method of payment the Client used. Helix will refund the Client on or before 14 days after the day on which the Client informed Helix of their decision to cancel. If the Client fails to supply written cancellation the deposit is non-refundable. If the photography session began or took place during the cancellation period, the Client will be liable to pay for the service they received prior to their communication to Helix that they intend to cancel the contract.

Rescheduling

If for any reason the Client wishes to reschedule the session within 48 hours of the photography session the deposit may be lost but at the desecration of Helix. If the client reschedules the session before 48 hours prior to the photography session the deposit will be applied to a new session date to be agreed by both parties.

Client Confidentiality

Helix will keep confidential and will not disclose to any third parties or make use of information communicated to her by the Client in confidence for the purposes of the photography session, save as may be reasonably necessary to enable the Helix to carry out her obligations in relation to the commission.

Safe Working Environment

The Client agrees to undertake their best efforts to ensure that the Helix is provided with a safe working environment. Helix retains the right to cancel the remainder of any photography coverage in the event of any instances of sexual harassment, violence, threats, verbal or physical abuse or other similar behaviour that would lead a reasonable person to feel unsafe in such an environment. Helix retains the right to cancel the remainder of any photography coverage if the Client or any session attendees damage Helix’s equipment. In the event of such cancellation the Client shall not be entitled to any refund.

Coverage

Helix’s time begins upon arriving at the agreed session;

MINI Package - 1 hour

MIDI Package - 4 hours

MAXI Package - 4 hour

Cooperation of Session Attendees

The Client will defer to Helix’s professional judgement related to settings, poses and other matters of artistic discretion. The Client will utilise best efforts to ensure that session attendees cooperate with Helix, in order for the Helix to meet any image requests the Client has made. Specific shots cannot be guaranteed.

Conditions

Helix cannot be held responsible for any missed or poor quality images due to low lighting, mixed lighting or other reasons beyond Helix’s control. The Client agrees to accept the results of such impositions on Helix and images.

Digitals

The exact number of digital images taken during the session and/or presented to the Client cannot be specified or guaranteed.

Venue Guidelines

Helix is bound by guidelines and policies of venue officials or management. The Client agrees to accept the technical results of their imposition on Helix. Negotiation with the officials for modification of guidelines and/or policies is the Client’s responsibility.

Photographic Materials

Title to all photographic materials, including but not limited to digitals, negatives, transparencies, proofs, and previews, remain the exclusive property of Helix. Images to be released until the agreed upon amount is paid in full. Helix has the right to refuse any requested edits to the images and will not release unedited digital file.

Artistic Right

Helix retains the right of discretion in selecting the photographic materials released to the Client. The Client shall not receive any photographic materials not presented to the Client. Helix has the right to refuse any requested edits to the images and will not release unedited digital files.

Copyright and Reproductions

Copyright is an automatic right and arises whenever an individual or company creates a work. In accordance with the Copyright Designs & Patents Act 1988, Helix (as the author of the images) owns the copyright of all images created, and controls who can reproduce their images and how they may be used at all times throughout the world. All images supplied are protected under the Copyright, Designs and Patents Act 1988 and title to all photographs remains the property of Helix. In purchasing digital images the Client is purchasing the rights to print and display the images from their session for personal use, not the copyright.

Client Usage

A Print Release Licence is granted to the Client allowing the digitals from their session to be printed by them for their personal and own business use. The Client shall only use the digital files, including prints, in accordance with the permissions within this Agreement and the accompanying Print Release in their online gallery. The Client’s prints and digitals are for personal and own business use only and shall not be submitted to contests, sold or reproduced for commercial use or authorised for any reproductions by parties other than Helix. Helix shall be held harmless for any dispute, claim, expenses, damages and/or legal costs arising out of the Client’s use of the images.

Third Party Usage

Print release rights for the session images are granted to the Client only and these rights cannot be assigned to third parties by the Client. Any Third Parties wishing to use the images must contact Helix directly to obtain permission and agree to and sign the appropriate Release and/or Licence - this includes but is not limited to venues, cake makers, party planners, entertainers, caterers and bloggers. Any use of the images by Third Parties without the Helix’s permission is a violation of copyright. The Client cannot give permission on Helix’s behalf and any requests the Client receives for use of the images by Third Parties must be referred on to Helix.

Right to Credit. In all instances of the images being used online on a public web page, Helix asserts her statutory right in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof, to be identified as the copyright owner and author of the images. Helix’s name and website must appear next to or in reasonable proximity to all online reproductions of the session images, on each Web page and social media post where published, for each individual image, as shown below:

Image  

Helix Design Studio 2024 helixdesign.studio This copyright notice helps prevent the Client’s images being stolen, used and/or sold by third parties without permission and protects Helix’s copyright.

Editing

Digital image editing includes cropping, white balance correction, straightening, exposure and contrast adjustments, colour adjustments, lens correction where applicable and for natural lifestyle photography sessions it includes skin smoothing and removal of temporary skin imperfections as necessary. Retouching services e.g. removing an object from an image or extending a backdrop, is available for an additional charge, if the requested edit is feasible, but such editing is not done as standard as this is not exemplary of Helix’s natural, lifestyle documentary imagery style.

Completion Schedule

Digital images will be sent directly via WeTransfer within two working days of the session. However if digital editing has been purchased this can take between a week to two weeks for No more than 20 editable images for each shoot.

Image Delivery

The digital images will be supplied in JPEG format same day as the shoot. The Client will be emailed a link to their WeTransfer images. Delivery of the digital files via WeTransfer releases Helix from any liability due to loss or damage of the digital images, and also releases the Photographer from any obligation to maintain copies of any digital file, image, or photograph. The Client is responsible for downloading their digital files and creating back-ups of the digital content. It is recommended the Client securely backs up the digital images on a computer and an external hard-drive for safekeeping.

Failure to Perform

If Helix is unable to attend the Client’s session or provide the services for which she has been commissioned due to unforeseen circumstances including but not limited to illness, injury, emergency, fire, casualty, strike, act of God or causes beyond the control of Helix, Helix shall refund the deposit and any other monies paid to the Client and shall have no further liability. Further, in the unlikely event Helix is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, total photographic failure, or otherwise lost or damaged digital files, liability shall be limited solely to a full refund of all monies the Client has paid to Helix. If possible, Helix will attempt to source an equivalent service with an alternative photographer of an equivalent standard for the Client.

Complaints

Any complaints should be made via email to Helix. Complaints will be responded to within 7 working days of receipt.

Arbitration

Any dispute or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, in accordance with the commercial arbitration rules of the Arbitration Association and Arbitration Act 1996, administered by a licensed Arbitrator in the jurisdiction closest to Helix’s main place of business and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than £500. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.

Indemnification

Helix shall be held unaccountable for any and all injury to the Client and/or damage to their belongings during the course of the photography session and the immediately surrounding events.

Waivers

The waiver of any breach of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Agreement.

Lawyer’s Fees

If either party to this Agreement brings a legal action against the other party to this Agreement to secure the specific performance of this Agreement, collect damages for breach of this Agreement, or otherwise enforce or interpret this Agreement, the prevailing party shall recover reasonable lawyer’s fees and all costs, premiums, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.

Applicable Law

This Agreement shall be governed by the laws of England & Wales.

Miscellaneous

This agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and agreed and acknowledged by both parties.

Disclaimer

Helix makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Helix will not be held responsible for any and all damages resulting from products and/or services it supplies. Helix is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Helix responsible for any such loss or damage. Any claim against Helix shall be limited to the relevant fee(s) paid by the customer.

Helix reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Helix will not knowingly perform any actions to contravene these and the client also agrees to be so bound.Helix and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Helix recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.

Acceptance of Terms, Conditions and Quotation

The placement of a photography session and/or any other services offered by Helix, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions.

An estimate validated by the customer’s signature on the estimate or quotation form, or by email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Helix.