Terms & Conditions
1. These Terms and Conditions
1.1 These terms will apply to all services provided by Janice De Gennaro trading as Shadow’s Farm
Photography (“Janice De Gennaro”, “us” or “we”) to you, the customer, (“you”). We will not accept any
variation to these terms and conditions unless specifically agreed in writing by Janice De Gennaro. By making
a booking you have agreed to these terms and conditions in full.
2. The Services
2.1 We agree to provide photography services with reasonable skill and care.
2.2 If you have any particular requirements or requests (e.g. specific types of photograph, props or locations)
please let us know in advance of a booking. In some cases specific requests may require additional payment.
2.3 By booking a photo session with Shadow’s Farm Photography you confirm that you have considered
Janice’s photographic style and wish to proceed on that basis. You will not be entitled to a refund if you are not
satisfied with the style of the photographs. We reserve the right to delete any photographs which we consider
to be unnecessary or of poor quality and to refuse to take or store any photographs which are deemed
inappropriate.
2.4 During a photo session you agree to comply with all of our reasonable directions. Janice De Gennaro may
bring an assistant to any photo session. Janice De Gennaro is an independent professional and will not be
subject to detailed instructions from you as to how she performs the services (but we will of course consider
any requests for specific types of photograph which are made during a session).
2.5 Before commencement of a sporting event/show, agreement will be made between Janice De Gennaro, the
manager of the event and or the Judge of said event, as to any restrictions on location of Janice De Gennaro
in relation to where she may stand/sit to take photographs. This position may only be altered as required by
either the judge or manager of the event, in liason with Janice De Gennaro.
3. Booking and Deposit
3.1 Please email or telephone us to make a booking. We may make a provisional booking for a photo session
but no booking is guaranteed or reserved (and we will not be bound by any booking) until you have paid our
deposit in full.
3.2 We reserve the right to refuse any booking for any reason.
3.3 For private Photo Shoots, a deposit of $50.00 will be payable to reserve a booking. The deposit must be
received by us in cleared funds at least 7 days prior to the proposed photo session. The balance of our charges
must be paid within one week of the photo session or on the day of the shoot & before commencement of the
shoot.
4. Price and Payment
4.1 You agree to pay our charges as agreed on at time of booking. (Our standard charges may only be varied
by express agreement, in the absence of such agreement our standard charges will apply).
4.2 We will not deliver any photos to you until our charges have been paid in full.
4.4 All payments must be paid by direct bank transfer (BACS or CHAPS) or through PayPal. Payment details
are available on our website.
5. Cancellation
5.1 If you cancel a booking in writing (including by email) and you have given us at least 24 hours notice of
cancellation then we will not repay the deposit but you may roll-over the deposit to a rearranged booking.
5.2 If we cancel a reserved booking then we will seek to rearrange the booking with you, if we are unable to do
so then we will return your deposit to you.
5.3 If you cancel a reserved booking or fail to attend an agreed meeting for a photo session then your deposit
will be forfeited and will not be repaid.
5.4 If we have agreed a photo session at an outdoor location then we will not refund your deposit in the case
of bad weather (but we will endeavour to find an alternative location or alter the date at the next convenient
day).
5.5 We reserve the right to terminate a session immediately in the event that you are uncooperative, disruptive
or abusive to us or any of our employees or contractors In the event that we terminate the agreement under
this clause your deposit will be forfeit.
6. Intellectual Property
6.1 We will retain all intellectual property rights (including copyright) in the photographs and other materials
delivered to you. We will be free to edit and enhance the photographs as we see fit (but we agree not to edit or
modify any photograph in a derogatory or offensive manner).
6.2 Images which we feel are of poor quality or composition will be deleted and you will not have a right to
receive all of the photographs which are taken during a photo session.
6.3 We will be entitled to display the photographs we have taken for you in the gallery section of our website
or on the blog and we may use any photographs in our own marketing or publicity materials. From time to
time we may also license photographs for commercial use. However we will inform you before displaying or
licensing any photograph and if you object on reasonable grounds we will not proceed with the display, publi-
cation or licensing.
6.5 You must not edit the images in any way.
7. Liability
7.1 We will not be liable to you for any property damage or financial loss or for any indirect or consequential
loss or damage such as lost profit, lost opportunity, lost bargain, lost reputation or lost savings whether caused
by our negligence, the negligence of our employees or agents or otherwise.
7.1 Our total liability will be limited to the amount of our charges from time to time. We will not be liable to
any party other than the person who has made a booking.
7.4 You will be liable for any loss or damage to our equipment if such loss or damage arises as a result of your
negligent or deliberate acts or omissions.
7.5 Nothing in these terms will exclude or limit our liability for death or personal injury caused by our negli-
gence.
8. General
8.1 We will not be liable for any delay or failure to perform our duties if such delay or failure is due to any
cause whatsoever beyond our reasonable control (including computer or equipment malfunction, travel dis-
ruption, strikes or Acts of God).
8.2 You will not be entitled to withhold by way of set-off, deduction, or counterclaim any amounts which you
owe to us against any amounts that we may owe to you.
8.3 Failure by either party to enforce at any time or for any period any one or more of the terms or conditions
of this agreement shall not be a waiver of them or the right at any time subsequently to enforce all terms and
conditions of this agreement.