Terms & Conditions
These Terms and Conditions set out the basis on which you may use the Eugene Potter Photography website and book photography services with Eugene Potter Photography ("we", "us", "our"). By making an enquiry, placing a booking, or purchasing a product or session, you agree to be bound by these terms.
These Terms and Conditions apply to all services, including but not limited to wedding, portrait, prom, graduation, landscape and commercial photography, as well as any related products such as prints, albums and digital files. Additional written agreements, proposals or licences may apply for commercial assignments; where there is any conflict, the signed written agreement will take precedence over these general terms.
You should read these Terms and Conditions together with our Privacy Policy, which explains how we collect and use your personal data.
These Terms and Conditions apply to all services, including but not limited to wedding, portrait, prom, graduation, landscape and commercial photography, as well as any related products such as prints, albums and digital files. Additional written agreements, proposals or licences may apply for commercial assignments; where there is any conflict, the signed written agreement will take precedence over these general terms.
You should read these Terms and Conditions together with our Privacy Policy, which explains how we collect and use your personal data.
Bookings, Quotes and Confirmations
1. All prices, availability and dates are subject to confirmation and may change until a booking is confirmed in writing.
2. A quote or proposal from us does not in itself create a booking. A booking is only considered confirmed when you have accepted the quote in writing (for example by email or via an online booking system) and any required deposit or booking fee has been received and cleared into our account.
3. For wedding and event bookings, provisional holds may sometimes be offered. Provisional dates are not guaranteed and may be released or offered to another client at our discretion until the booking is confirmed with a cleared deposit.
4. You are responsible for providing accurate information when requesting a quote, including dates, locations, approximate timings, type of session, and any specific requirements. If information later changes, we may need to revise the quote and, where necessary, issue an updated agreement for your approval.
5. We reserve the right to decline any booking request at our reasonable discretion, for example where we are already booked, the assignment is not a good fit, or it would breach another agreement or legal obligation.
2. A quote or proposal from us does not in itself create a booking. A booking is only considered confirmed when you have accepted the quote in writing (for example by email or via an online booking system) and any required deposit or booking fee has been received and cleared into our account.
3. For wedding and event bookings, provisional holds may sometimes be offered. Provisional dates are not guaranteed and may be released or offered to another client at our discretion until the booking is confirmed with a cleared deposit.
4. You are responsible for providing accurate information when requesting a quote, including dates, locations, approximate timings, type of session, and any specific requirements. If information later changes, we may need to revise the quote and, where necessary, issue an updated agreement for your approval.
5. We reserve the right to decline any booking request at our reasonable discretion, for example where we are already booked, the assignment is not a good fit, or it would breach another agreement or legal obligation.
Payments, Deposits and Late Fees
1. Unless otherwise stated in writing, a non-refundable deposit or booking fee is required to secure your date. The amount and due date will be confirmed in your quote or booking confirmation.
2. The remaining balance for weddings, events and commercial assignments is typically due no later than 14 days before the shoot date. For portrait, prom and graduation sessions, the balance is usually due on or before the session date. Specific payment schedules will be set out in your confirmation.
3. Payments can be made using the methods listed on our website or invoice (for example bank transfer, card payment or online checkout). You are responsible for any bank or transfer charges applied by your payment provider.
4. If a payment is not received by the due date, we may suspend work, refuse to attend the session or withhold delivery of images and products until full payment has been made. We are not liable for any loss caused by such suspension where it results from your late payment.
5. We may charge interest or a reasonable late payment fee on overdue invoices in line within applicable laws. We also reserve the right to reclaim any costs reasonably incurred in recovering overdue amounts, such as debt recovery or legal fees.
6. Products such as prints, albums and wall art must usually be paid in full at the time of order unless agreed otherwise in writing.
2. The remaining balance for weddings, events and commercial assignments is typically due no later than 14 days before the shoot date. For portrait, prom and graduation sessions, the balance is usually due on or before the session date. Specific payment schedules will be set out in your confirmation.
3. Payments can be made using the methods listed on our website or invoice (for example bank transfer, card payment or online checkout). You are responsible for any bank or transfer charges applied by your payment provider.
4. If a payment is not received by the due date, we may suspend work, refuse to attend the session or withhold delivery of images and products until full payment has been made. We are not liable for any loss caused by such suspension where it results from your late payment.
5. We may charge interest or a reasonable late payment fee on overdue invoices in line within applicable laws. We also reserve the right to reclaim any costs reasonably incurred in recovering overdue amounts, such as debt recovery or legal fees.
6. Products such as prints, albums and wall art must usually be paid in full at the time of order unless agreed otherwise in writing.
Cancellations and Rescheduling
2. For weddings and full-day events, if you cancel within 60 days of the event date, additional cancellation charges may apply up to the full remaining balance, depending on the notice period and any costs already incurred. Specific cancellation terms may be set out in your individual agreement.
3. For portrait, prom and graduation sessions, if you cancel with more than 7 days’ notice, we will usually offer to transfer your deposit once to a new date, subject to availability. Cancellations with less than 7 days’ notice may result in the loss of your deposit and, where applicable, a charge for any non-recoverable costs.
4. We understand that circumstances such as illness, severe weather or venue issues can arise. We will always aim to reschedule where reasonably possible, but rescheduling is not guaranteed and is subject to our availability and any third-party constraints.
5. In the unlikely event that we need to cancel a booking due to illness, emergency or circumstances beyond our reasonable control, we will notify you as soon as practicable and offer either: (a) a rescheduled date (where possible), or (b) a refund of any fees paid for services not yet provided. Our liability in such circumstances is limited as set out under the “Liability and Force Majeure” section.
Client Responsibilities
1. You are responsible for ensuring that we have accurate and up-to-date information about your session or event, including addresses, schedules, contact details and any special considerations (such as accessibility or sensitive situations).
2. You must obtain any permissions, permits or consents required for photography at your chosen location, including from venues, landowners, organisers and any relevant authorities. You are also responsible for securing any necessary permissions from people who will be photographed, especially where children or vulnerable individuals are involved.
3. You agree to ensure that subjects are ready and available at the agreed times, and that we are given reasonable access to the venue and key locations. We cannot be held responsible for late arrivals, schedule overruns or restrictions imposed by venues or organisers that limit our ability to capture certain images.
4. You are responsible for supervising children during sessions and for maintaining a safe environment for everyone present. We may refuse to continue a shoot if we consider that safety is at risk or behaviour is threatening, abusive or inappropriate.
5. For commercial clients, you are responsible for confirming that any branding, products, props or materials supplied do not infringe third-party rights, and for obtaining all necessary internal approvals for the planned use of the images.
Photographer Responsibilities
1. We will provide our services with reasonable care and skill, in line with professional standards for photography services of this type. We will use our artistic judgement to select locations, poses and images, and you acknowledge that this style is a key part of the service you are purchasing.
2. We will aim to capture important moments and requested shots, but we cannot guarantee any specific image, pose or group combination, particularly where conditions, timings or cooperation from subjects are outside our control.
3. We work with/use professional grade equipment and, where appropriate, backup equipment. However, technical failures can occur. In the rare event of a significant technical problem or data loss, our liability is limited as set out under the “Liability and Force Majeure” section.
4. We reserve the right to bring an assistant or second photographer where we consider it necessary or beneficial. In exceptional circumstances (for example illness or emergency), we may arrange for a suitably qualified replacement photographer to cover your booking, and we will remain responsible for the overall delivery of the services.
5. We will carry out a basic edit on all final images, which may include colour correction, exposure adjustment and cropping. More extensive retouching or manipulation is available by agreement and may incur additional charges.
2. We will aim to capture important moments and requested shots, but we cannot guarantee any specific image, pose or group combination, particularly where conditions, timings or cooperation from subjects are outside our control.
3. We work with/use professional grade equipment and, where appropriate, backup equipment. However, technical failures can occur. In the rare event of a significant technical problem or data loss, our liability is limited as set out under the “Liability and Force Majeure” section.
4. We reserve the right to bring an assistant or second photographer where we consider it necessary or beneficial. In exceptional circumstances (for example illness or emergency), we may arrange for a suitably qualified replacement photographer to cover your booking, and we will remain responsible for the overall delivery of the services.
5. We will carry out a basic edit on all final images, which may include colour correction, exposure adjustment and cropping. More extensive retouching or manipulation is available by agreement and may incur additional charges.
Copyright and Image Usage Rights
2. For private clients (such as wedding, portrait, prom and graduation clients), we usually grant a non-exclusive, non-transferable licence to use the delivered images for your own personal, non-commercial use. This typically includes printing for personal use and sharing on your personal social media accounts, provided that the images are not altered in a way that misrepresents our work.
3. For commercial clients, usage rights will be defined in your quote, licence or contract. These may specify the permitted media (for example website, social media, print advertising), territory (for example UK-only or worldwide), duration (for example one year) and any exclusivity. Any use outside the agreed scope will require an additional licence and fee.
4. You must not sell, sublicense, redistribute or otherwise commercially exploit the images without our prior written permission. You must not submit images to competitions or publications in a way that implies you are the photographer, or that infringes our copyright.
5. You must not apply heavy filters, distortions or edits that significantly change the style or quality of the images, and you must not remove or crop out any watermark or credit where this has been applied. Minor crops or exposure tweaks for personal use are usually acceptable.
6. We reserve the right to use images for our own marketing and self-promotion, including on our website, portfolio, social media, printed materials, competitions and exhibitions, unless you explicitly request otherwise in writing before the session or event, or where there is a legal reason not to do so (for example safeguarding concerns).
Liability and Force Majeure
1. Nothing in these Terms and Conditions limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded under English law.
2. Subject to the above, our total liability to you for any loss or damage arising out of or in connection with the services (whether in contract, tort, negligence or otherwise) will not exceed the total amount paid by you for the specific booking or assignment in question.
3. We are not liable for any loss of profit, loss of business, loss of opportunity, loss of data, or any indirect or consequential loss, even if such loss was reasonably foreseeable.
4. We are not responsible for failure to provide any part of the services where this is due to circumstances beyond our reasonable control, including but not limited to severe weather, fire, flood, industrial action, power failure, equipment failure, transport disruption, illness, epidemic or pandemic, government restrictions, or the failure of a venue or third party. In such force majeure situations, we will make reasonable efforts to reschedule or otherwise mitigate the impact, but we cannot guarantee any particular outcome.
5. You are responsible for arranging any insurance you consider appropriate for your event, property or business, including where the images are intended for commercial or promotional use.
2. Subject to the above, our total liability to you for any loss or damage arising out of or in connection with the services (whether in contract, tort, negligence or otherwise) will not exceed the total amount paid by you for the specific booking or assignment in question.
3. We are not liable for any loss of profit, loss of business, loss of opportunity, loss of data, or any indirect or consequential loss, even if such loss was reasonably foreseeable.
4. We are not responsible for failure to provide any part of the services where this is due to circumstances beyond our reasonable control, including but not limited to severe weather, fire, flood, industrial action, power failure, equipment failure, transport disruption, illness, epidemic or pandemic, government restrictions, or the failure of a venue or third party. In such force majeure situations, we will make reasonable efforts to reschedule or otherwise mitigate the impact, but we cannot guarantee any particular outcome.
5. You are responsible for arranging any insurance you consider appropriate for your event, property or business, including where the images are intended for commercial or promotional use.
Complaints and Dispute Resolution
1. We aim for all clients to be delighted with their experience and images. If you have any concerns during a session or event, please raise them with us as soon as possible so that we have an opportunity to address them on the day.
2. If you wish to make a formal complaint after the session or after receiving your images or products, please contact us in writing, explaining the nature of your complaint and what outcome you are seeking. Wherever possible, please do this within 14 days of the session or delivery so that the details are still fresh and easier to investigate.
3. We will acknowledge your complaint and aim to respond in a fair and timely manner, usually within 14 days. We may ask you for additional information or to provide examples so we can properly understand the issue.
4. If we are unable to resolve a dispute informally, both parties agree to consider mediation or another form of alternative dispute resolution before starting court proceedings, where it is reasonable and appropriate to do so.
2. If you wish to make a formal complaint after the session or after receiving your images or products, please contact us in writing, explaining the nature of your complaint and what outcome you are seeking. Wherever possible, please do this within 14 days of the session or delivery so that the details are still fresh and easier to investigate.
3. We will acknowledge your complaint and aim to respond in a fair and timely manner, usually within 14 days. We may ask you for additional information or to provide examples so we can properly understand the issue.
4. If we are unable to resolve a dispute informally, both parties agree to consider mediation or another form of alternative dispute resolution before starting court proceedings, where it is reasonable and appropriate to do so.
Governing Law and Changes to These Terms
1. These Terms and Conditions, and any dispute or claim arising out of or in connection with them or their subject matter, are governed by and construed in accordance with the law of England and Wales. The courts of England and Wales will have exclusive jurisdiction in relation to any such dispute or claim, although we retain the right to bring proceedings in your country of residence where permitted by law.
2. If any provision of these Terms and Conditions is found by a court or regulator to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
3. We may update or amend these Terms and Conditions from time to time, for example to reflect changes in our services, business practices or applicable law. The latest version will always be published on this page and will apply from the date it is posted. We recommend that you check this page periodically for any changes that may affect you.
4. Our Privacy Policy explains how we collect, use and protect your personal data when you use our website, make an enquiry or book our services. Please refer to the Privacy Policy for more information about your data protection rights and how to exercise them.