TERMS & CONDITIONS

Thank you for your interest in a portrait session with The Ways Of The Dog (“me/I/my/ the photographer”).  When booking a session, please read these Terms and Conditions carefully, as they apply to your (“you/the client”) booking (“Photography Services/ photoshoot session”) you agree to these terms of service upon booking your session.  Any trade work agreed to by the photographer and another vendor is still subject to these terms and conditions. I reserve the right to change these Terms & Conditions at any time, and I will give reasonable notice to you if this happens. I am happy to answer any questions or concerns you may have in relation to these T&Cs at any time.

GENERAL 

These Terms and Conditions constitute an agreement between the parties and supersede all previous agreements between the parties relating to its subject matter. No variation or agreed termination of these terms and conditions (or of any document referred to in it) shall be effective unless it is in writing. If any provision of this agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. A person who is not a party to this agreement shall not have any rights under or in connection with it. This agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the laws of the United States. 

ACCEPTANCE 

Your session fee payment and/or receipt of promotional session gift certificate signifies acceptance of these terms and conditions as a legally binding contract, unless otherwise objected to explicitly and in writing, prior to accepting my service. No variation of this contract shall be recognized unless explicitly agreed to in writing. Any payment made to me (including the session fee) indicates that you have read, understood and agreed to all the terms and conditions as set out in this document, in its entirety. 

COPYRIGHT & OWNERSHIP

 The copyright and all other rights in the Photos shall be retained by The Ways Of The Dog/Jennifer Hillenga. The Photographer asserts the right to be credited as the author of the Photos in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988. Any unauthorized reproduction or modification of any images will constitute a breach of copyright. This includes making copies or ‘screen shots’ of images shared by the photographer online. Sometimes the photographer may share previews or “sneak peeks” of your images, or gives you access to an online gallery of images. These images must not be copied, screen shot, downloaded, edited or altered in any way. If you wish to share photographs to your own network (i.e. Facebook, blog or any other online channels) you agree to do so only once you have purchased and paid for them. In addition, you agree to include the photographer’s company name and Facebook page, Instagram or Website in your posts. Clients or any other connected party are not permitted to take their own photographs at any pet portrait photography session. 

RIGHTS TO USE IMAGES 

The Client agrees that the Photographer may use any of the photographs for business promotion, qualification panels, awards, instructional purposes or as work samples, including but not limited to internet use (e.g. social media and website based advertising) editorial use (e.g. book, blog and magazine articles) and promotional material (e.g. leaflets, brochures, postcards, galleries and competition entries). 

RESERVATIONS & REFUNDS 

Your portrait session is reserved only once paid for. Session fees are non-refundable.  In the event that you are unable to attend, and you have not notified the photographer to reschedule within 24 hours prior to your appointment time, then your session fee will be lost. 

HEALTH, AGILITY & GROOMING 

If you or your pet(s) are taken ill by an infectious disease, you must let me know and rearrange your session. This is to protect the health of all my clients and their pets. Please inform the photographer if you or your pet has mobility issues that may hinder the session so we can plan for alternate session locations. Please ensure your pet’s fur is brushed and clean before the sitting, and that your pet is in the condition you want to see in the final portraits. If a professional grooming session provides the best result, please book this for about a week in advance, so that your pet’s fur has a little time to settle back and look natural, and so that your pet isn’t stressed if he or she isn’t a fan of being trimmed. 

OTHER ANIMALS

Sessions generally take place in areas that may include other pets or wildlife.  If your pet has reactivity issues, please inform the photographer so that we can make arrangements for a quieter venue.  All dog must remain on leash for the duration of the session unless otherwise agreed to by photographer and client, or in a location where off-leash dogs are permitted and the dog has excellent recall.  The client bears sole responsibility for the dog being oof-leash and any issues that may arise, including altercations with people or other animals, or loose dogs or traffic incidents.

PRICES & PAYMENTS 

Prices on the website or on marketing materials may be out of date, and I reserve the right to adjust prices at any time without prior notice. All prices are in USD. The full balance is to be paid in full before any prints, albums or other products are ordered on your behalf. Payment can be made by Bank Transfer, Credit Card, Venmo, or Cash. 

MY OBLIGATIONS 

I will use reasonable endeavors to supply the Photography Services described on my website and marketing materials in a professional manner. In the unlikely event that I am unable to capture any high quality portraits, I am happy to offer a free reshoot at the next opportunity. In the unlikely event that I am unable to capture any high quality portraits at the reshoot, my obligations to endeavor to provide the service will be met and no refunds will be given. 

YOUR OBLIGATIONS 

You agree to ensure your pet(s) are under your control at all times, to cooperate with me in all matters relating to the Photography Services and to supply me with all information reasonably requested in order for me to carry out the Photography Services. You agree to make me aware of any issues with your pet (such as aggression, allergies, anxiety, nervousness etc) in advance of the portrait session. I reserve the right to decline to book or carry out any pet portrait session or services that I deem to pose a health and safety risk to you, myself, other people or other pets who may be in the area. 

SESSION TIMES & DURATION 

Please arrive on time for your session. If you are late, your session length may be reduced accordingly or cancelled, with no refund or reshoot provided. The session will end at the photographer’s discretion when I determine that adequate images in terms of quality and quantity have been captured. 

SPECIAL IMAGE REQUESTS 

I will make every effort to comply with requests for specific photos. Please ensure these are notified to me in advance of the sitting. Requests that are felt to be unsafe will be refused. It may not be possible for all of the images requested, or those expected, to be captured, so no image requests or poses are guaranteed. 

EDITING 

Your photographer will carry out any editing necessary to prepare the portraits for your viewing and selection. The photographer’s choice of image selection is final. Additional editing can be requested but is delivered at the photographer’s discretion and may incur additional charges. 

ORDER SALES & FULFILLMENT 

After the images are shared with you (either online or in-person), and your order is placed, you have 24 hours to make changes to your order.  Due to the nature of custom photography, all orders for prints, albums and other products are final and cannot be cancelled or refunded after this 24 hour period. Delivery times for prints, albums or other products additional orders may vary and will be advised at the time of ordering, but is usually within 3-4 weeks. 

IMAGE ARCHIVING 

The Ways Of The Dog will keep all images on archive for a reasonable amount of time (at least 6 months from the date of your photoshoot session), after which they may be permanently deleted. It is the client’s responsibility to make their order, backup any digital files, and ensure the safe keeping of any prints, albums or other products. 

DATA PROTECTION 

The Ways Of The Dog/Jennifer Hillenga will store Client names, contact details and session information privately and will not share these with any other business or organization. A separate Privacy Policy is available on request. 

LIABILITY 

In the unlikely event of technical problems, photographic failure, injury or sickness beyond the Photographer’s control, my liability shall be limited to a full refund of all monies paid. I will not be liable for any acts, events, omissions or accidents beyond my reasonable control, including strikes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, inclement weather or default of suppliers or subcontractors. The limitation on liability shall also apply in the event that Photos are lost through equipment malfunction, are lost in the mail or otherwise lost or damaged. My total liability for any breach, representation, act or omission (including negligence) shall be limited to my fee in relation to the Photo Services and I shall not be responsible for any special, indirect or consequential or pure economic loss, costs, damages, charges or expenses. In the event of incapacitating illness or injury to the Photographer, Jennifer Hillenga will have the option, whenever possible, to reschedule or mutually agree with you a replacement photographer to carry out the Photo Services. If we cannot agree a new date or a replacement then I shall refund to you any fee paid in relation to the interrupted Photo Services in full. Any directions issued to clients, their guests or employees during a photographic shoot/event are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.  The Ways Of The Dog/Jennifer Hillenga is not responsible for the quality of services provided by business partners or other third parties. Your statutory rights are not affected.