Term and condition

HKPIE Term and condition

We provide a wide range of professional services to meet your needs. We promise to provide every service with a smile and to your highest level of satisfaction.

Call to action

Definitions

Client wishes to hire HKPIE / LOVEMIRACLE to provide services relating to Client’s as detailed in this Agreement. Provider has agreed to provide such services according to the terms of this Agreement.

Thank you for booking a portrait photography session with HKPIE (“the photographer”). Please read these Terms and Conditions carefully, as they apply to your (“you/the client”) booking (“Photography Services/photo shoot session”).

1

Copyright and Ownership of Materials

The entire copyright, title, and intellectual property rights of any Images will remain that of HKPIE / LOVEMIRACLE at all times throughout the world.

2

Right to a Credit

The Photographer asserts both his moral right to be identified as the author of his work and the right to a credit (where possible) is asserted in accordance with Sections 77 – 79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof. Please credit ‘HKPIE’.

3

Photo Shoot Bookings and Cancellation or no show

Booking and Confirmation:

  • To secure a portrait photography session, a non-refundable deposit of  required upon booking.
  • The booking will be confirmed once the deposit has been received and acknowledged by the photographer.
  • The remaining balance is due on the day of the session.


Session Details:

  • The date, time, duration, and location of the portrait session will be agreed upon by the client and the photographer.
  • Any changes or rescheduling requests should be communicated at least 48 hours in advance. The photographer will make reasonable efforts to accommodate changes, subject to availability.


   **Sometimes it is necessary for the photographer or client to reschedule, for example due to injury or serious illness. If there are unavoidable circumstances that affect your ability to take part in our photo shoot session, then I am happy for us to reschedule once, within a three-month period.


If for any reason after receiving your confirmation, you fail to attend your photo shoot appointment, you forfeit your booking retainer fee – This is to cover the cost of the time already booked with the photographer.


**On making a booking you agree that you have looked at the photographs’ within the website and are happy with the photographers ‘style’, if you are looking for a different ‘style’ of photograph – this must be discussed before making your booking.

4

Charges and Timings

  • If HKPIE / LOVEMIRACLE provides a quote to The Client, the fee will be charged at that agreed rate. HKPIE / LOVEMIRACLE generally requests a brief at the time of booking (via email or verbally). 
  • Where extra expenses or time are incurred or needed by HKPIE / LOVEMIRACLE as a result of alterations to the original brief by the Client or otherwise at their request, HKPIE / LOVEMIRACLE will reserve the right to charge the Client extra expenses and fees.
  • If The Client changes the length of the job, the fee will increase as per the agreed hourly rate. If The Client is delayed or running late and the job runs into extra time again the fee will increase as per the agreed hourly rate. HKPIE / LOVEMIRACLE will make The Client aware of timings and should the work run into extra time he will make the client aware of this and the associated costs. There is a mutual understanding between The Client and HKPIE / LOVEMIRACLE that punctuality is important and respected by all parties.
  • If it becomes apparent when the job starts that it is much bigger or different job to the agreed brief it will be made clear to the Client that HKPIE / LOVEMIRACLE’s fee may increase. If HKPIE / LOVEMIRACLE is unable to contact the client/payer of invoice at that time work will stop until contact has been made.
  • On the occasion that incorrect information is given by the Client regarding a booking (wrong location, wrong time etc.) or the Client fails to arrive at the agreed location/time, the full fee will be charged to the Client.
  • If on arrival at a booked job there is an issue (outside of the Client or Photographer’s control) such as bad lighting or restrictions are in use of where the shoot is taking place, a fee may be charged to cover time.
  • Any congestion charges, road toll charges and parking costs will be billed to the client as a HKPIE / LOVEMIRACLE expense and will be added onto the invoice.

5

Payment

  • A non-refundable booking retainer/session fee is to be paid at the time of booking.
  • Any session fee balance (where applicable) is due on the day of your photo session – no exceptions.
  • Any outstanding balance is due to be paid by the client to the photographer by the date shown on the invoice.
  • Payments can be made via CASH, CARD, or BANK TRANSFER only.
  • Where payment plans are agreed the client agrees to make payment in full on the dates agreed. You will not receive any goods until final payment is made. Upon making your final payment production times apply and you will be notified once your order is ready for collection.
  • Once placing your order which is to be paid for on a payment plan, this is a binding contract and you commit to completing the full payment.

6

Retouching

All images will be adjusted for exposure, brightness, contrast, sharpness, etc. The Photographer’s judgement regarding these corrections and the number of images put forward to the Client shall be deemed correct. Retouching, digital manipulation etc is available to the Client as an option at extra cost.

7

Image Use

  • a. Images are to be used as agreed at the time of booking and at the time of agreeing the fee. The licence to use is limited to the use and period of time specified on The
  • Photographers booking form and no other use may be made of the Images without the Photographers express permission. An agreement must be reached with The Photographer before Images are used for any other purpose or after the licence to use has expired. 
  • b. Manipulation of the Images or use of only a portion of Image may only take place with the permission of the Photographer.
  • c.  When the license to use has expired an additional charge has to be agreed for extended usage with the Photographer.

8

Model Release

  • The client grants the photographer the right to use the images for portfolio, marketing, and promotional purposes unless otherwise specified in writing.
  • If the client does not wish their images to be used for promotional purposes, they must notify the photographer in writing prior to the session.

9

Client Cooperation

  • The client agrees to arrive on time for the session and to cooperate during the shoot to ensure a smooth and successful photography experience.
  • The client acknowledges that the photographer's ability to capture desired images may depend on the client's cooperation, engagement, and adherence to instructions.

10

Image Delivery and Selection:

  • The photographer will provide a selection of edited images from the session for the client's review and selection.
  • The number of final images included in the package will be as agreed upon during the booking process.
  • Additional images beyond the agreed package may be available for purchase at an additional cost.

11

Limit of Liability

In the unlikely event that the assigned photographer from the HKPIE / LOVEMIRACLE is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the HKPIE / LOVEMIRACLE, the HKPIE / LOVEMIRACLE will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event.

In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the HKPIE / LOVEMIRACLE’s control, including but not limited to camera, hard drive, or equipment malfunction, the HKPIE / LOVEMIRACLE liability is limited to the return of all payments received for the event. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. 

Any directions issued to clients, their guests or employees during a photographic shoot/event are deemed to be at said persons own risk. HKPIE / LOVEMIRACLE cannot be held responsible for any personal accidents during a photographic shoot. 

HKPIE / LOVEMIRACLE is not responsible for the quality of services provided by business partners or other third parties. Your statutory rights are not affected.

12

Consistency

Provider will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Provider current portfolio and Provider will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:

  • Every client and wedding is different event, with different tastes, budgets, and needs;
  • Photography services are often a subjective art and Provider has a unique vision, with an ever- evolving style and technique;
  • Provider will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;
  • Although Provider will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Provider shall have final say regarding the aesthetic judgment and artistic quality of the Services;
  • Dissatisfaction with Provider's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
  • Unless a rejection fee is agreed in advance, there is no right to reject the Images on the basis of style or composition.


13

Force Majeure

No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within [number] days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimised. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of [number] days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice.



14

Applicable Law

This agreement shall be governed by the laws of England and Wales.

Share by: