Terms of Service
1. Definitions – It is mutually agreed that the following terms and conditions form an integral part of this contract/invoice and that no variation or modification of this contract shall be effective unless accepted by Johanna Elizabeth (also called “the Photographer” or “the Photographers”) in writing.
2. Agreement and acceptance of terms. All agreements and transactions between Johanna Elizabeth and any clients are subject to these terms and conditions. All clients who complete an order for images from Johanna Elizabeth agree from that point forward to be bound by these terms and conditions.
3. Copyright – The 1988 Copyright Act assigns the copyright to Johanna Elizabeth. It is contrary to the Act to copy, publish, reproduce, or store images electronically unless the express permission of Jo Littler has been purchased. If permission is granted, then transfer of the copyright commences only once payment for the copyright has been made in full.
Digital Reselling (for online platforms ie. Only Fans etc) must post a credit to www.johannaelizabeth.com on all content shared. ‘Digital Reselling Fee’ will also apply – please ask for more details before booking your shoot.
4. Display – Johanna Elizabeth (only with SIGNED consent) reserves the right for any photograph created during sessions to be displayed in the studio, portfolio, or in any other advertising directly associated with her business. If the client expresses a wish for their image to not be displayed, this is always followed. Confidentiality of the client is paramount.
5. Force Majeure – Every effort will be made to carry out the contract but its due performance is subject to alteration or cancellation by Johanna Elizabeth owing to any cause beyond their control (e.g. acts of God, change in legislation, floods, fire, computer failure, etc). In the unlikely event of total photographic failure or cancellation of this contract by Johanna Elizabeth, liability shall be limited to a full refund of shoot fee & deposits paid.
6. Law – These Terms and Conditions shall be governed and construed in accordance with the Laws of England.
7. Liability – Johanna Elizabeth shall not be liable for indirect loss or third-party claims occasioned by delay in completing the work or for any loss to our clients arising from delay in transit. Where work is defective for any reason, including negligence, our liability (if any) shall be limited to rectifying such defect.
8. Licence – Johanna Elizabeth shall be granted artistic license in relation to the poses photographed, the location used, and digital retouching. The Photographer’s judgement regarding the locations, poses, and number of photographs taken shall deemed to be correct.
9. Photographs – All photograph sizes are nominal. Johanna Elizabeth will provide a pleasing colour balance but cannot guarantee exact colour matching. In the case of part mono/part colour images, the colours used will be subject to the photographer’s artistic interpretation and will be deemed to be correct. All photographs supplied by Johanna Elizabeth are produced to the highest standards using the best quality materials and the latest processing techniques. However, all photographs will, in time, fade. This is particularly true if they are left in bright sunlight and are not behind glass. Johanna Elizabeth cannot accept any responsibility for this gradual image deterioration. All portraits purchased are presumed to have been received in good condition unless the Client notifies Johanna Elizabeth in writing of any discrepancy or error within 2 days of receipt.
10. Payment – Full payment must be made at your Reveal Session, before any wall art orders are placed into production or images released. Payment is welcomed in cash, card or bank transfer.
10b. Late payments – Any pre-signed/committed payments that are altered/paid late, may be subject to a £99 admin fee each time.
11. Prices – All services and/or goods are supplied at the current prices ruling at the time of supply and are subject to change without prior notice Prices at booking are always honoured, should there be a change.
12. Reprint Orders – All re-orders shall be treated as an extension of this contract. No responsibility for error will be accepted if orders are given in writing (email is acceptable). When using the gallery shop for prints, this service is carried out betwen the pro lab and the client. Johanna Elizabeth is not part of this process/purchase. Although Johanna Elizabeth will assist in any concerns/queries, we will not be responsible for this order.
13. Refund Policy – We will not refund, nor accept the return of/refusal to pay charges for, any technically acceptable photograph supplied either in print or in electronic format. No exception can be made as we cannot be held responsible for individual tastes or exceptions. Once an order has been placed, we will not offer a refund. We may at our discretion allow you to place an order for different products with the same value. This will not affect your statutory rights.
14. Retouching – Retouching and artist finishing is available as an optional extra and the final output and finish of any image that is re-touched will be at Johanna Elizabeth’s discretion.
15. Storage of Digital Images – Original digital images are kept on an active file for 48 hours post-ordering appointment, after which time they may be deleted unless expressly stated otherwise by Johanna Elizabeth. All ordered images will be kept permanently, where possible. We recommend ALL clients, when purchasing digital files, back them up to several locations to keep them safe.
16. Data Protection – In compliance with the Data Protection Act 1998, personal data supplied to the Photographer may be stored for future use. This data will only be used to inform you of future opportunities and to be kept up to date and will only be held as long as necessary. The Photographer will take all necessary steps to ensure the information is held and used in accordance with the above Act. However, should you not wish the data to be stored and/or removed please contact Johanna Elizabeth at the address listed on the contract/invoice.
17. Lead times – are as follows;
Collections – ready the day of the Reveal Session, Wall Art – 6 weeks.
These lead times are an estimate of the time it will take for your order to be ready for collection. Urgent orders are at the discretion of Johanna Elizabeth, where possible.
18. Collection and Delivery – All printed orders must be collected from the premises. In some circumstances (i.e. long distances) delivery can be arranged by the client (courier) with them bearing costs. There ‘may’ also be a packaging charge.
19. Redeemable booking deposits are taken to safeguard the diary from any ongoing changes.
A booking deposit of £50 is required for all bookings.
You have 48 hours’ notice from booking (any appointments) to make any changes in booked appointment dates & times.
If you move any appointment after this 48-hour window is complete, your deposit will be used to pay a £50 cancellation fee.
Your new date will require a new deposit to be paid.
You are strongly encouraged to review all confirmation emails & website information thoroughly and ensure booked dates are suitable, straight after your booking call.
In the event of a very late cancellation/postponement, the next booking deposit could be raised to £100. You may also forfeit being able to join any future shoot promos and will need to book direct.
Your deposit is non-refundable and is only redeemable against your order at your Reveal Session.
20. Your shoot fee (where applicable) is taken on your shoot day.
21. Data collection. We will NOT share your personal information with other companies, for any reason. Referral data can only be accepted by clients with the referral’s permission.
If you have any questions regarding the storage of your data, you can contact us.
Email to: mail@johannaelizabeth.com
In writing to: 11a South Street, Havant, Hampshire, PO9 1BU.
22. PROMOTIONS
Only one promotion can be redeemed per order, promotions are non-transferable.
