Barking Cat Pet Photography
(i.e. Barking Cat)
Photo Session Terms & Conditions
1. Fees: Session fees or donation in lieu of a fee (if applicable) must be paid before commencement of the photo session.
2. Product Selection: Images from the session will be edited, refined and uploaded to an online gallery. You will receive a link via email for browsing and selecting the product(s) included in the session offer. Additional prints and products can also be ordered from the gallery.
3. Use. Barking Cat Pet Photography may use images from the session as examples of and to promote our services (e.g. on our website, social media, displays, competitions, etc.) If you do not want images used in this way, please tell the photographer before the session. We will not sell images featuring recognisable people (e.g. stock images, art works, etc.) without separate written consent of the subjects (and parents, if they are under age 18.)
4. Image Copyright remains with Barking Cat Pet Photography in line with the Copyright, Designs and Patents Act 1988. Digital products supplied to the client are licensed for their personal use for social media, emailing or websites and for printing (up to 4” x 6”.) This license applies so long as products remain unaltered and retain small copyright watermarks. It is unlawful to print or use copyrighted images in other ways without written agreement from Barking Cat Pet Photography.
5. Waiver of Liability. Barking Cat Pet Photography will take all reasonable steps to reduce risks to health and safety during photo sessions. However you (the client) will be responsible for ensuring your own health, safety and welfare and that of any animals or young people under 18 in your care throughout the session (and agree to remain with them at all times.) You agree to release the photographer, other employees or agents of Barking Cat Pet Photography from all claims, damages and liabilities that may result from accidents or incidents that occur during or after a photo session. This includes waiver of any claim that may be a result of negligence.
6. Quality. If due to equipment malfunction, weather conditions, etc. the photographer believes there are insufficient quality images from a session, they will offer a refund but no other form of compensation. If the photographer determines there are sufficient quality images but the client is unhappy with these, Barking Cat Pet Photography will attempt to adjust these to meet client requirements. However there will be no refund. Barking Cat retains artistic license regarding poses, location, image refinement and the number and presentation of images from photo sessions.
7. General Data Protection Regulations 2018 (GDPR). Under Article 6 of the GDPR, the lawful bases for Barking Cat Pet Photography processing your personal data are (a) that your consent is given and/or (b) to fulfil a contract with you. We will process your personal data (e.g. name, contact details and photos,) securely and use it only to provide requested services. We will not share it with third parties, except when needed to deliver requested services (e.g. name and address for a lab to post your order.) Transaction records (e.g. invoices) will be securely destroyed after 6 years, in line with HMRC guidance. Other personal data will be destroyed within 3 years of your last request for a service, or sooner if you request this by contacting us in writing. Please use contact details below.
Kim Smith (Sole Trader & Data Controller)
Barking Cat Pet Photography
36 Eskview Avenue, Musselburgh EH21 6NR
Tel 078 4391 4228 Info@BarkingCatPetPhotography.com
Barking Cat Pet Photography, Policy on Photographing Children and Young People Under 18
1. Purpose. This policy is a supplement to the Barking Cat Pet Photography (Barking Cat) Terms and Conditions (immediately above this Policy), and should be read in conjunction with this by parents/carers of children and young people under 18 who will be participating in Barking Cat photo sessions. Please pay specific attention to the following sections of the Terms and Conditions:
Section 3: How images from the session will be used.
Section 5: Waiver of Liability and responsibility for health, safety and welfare.
Section 7: General Data Protection Regulations 2018.
Agreement: Tick and sign this section of the printed or electronic Terms and Conditions form only when the Terms and Conditions and this policy have been read and fully understood. Do not hesitate in asking for clarification on any issues.
2. Protection of Vulnerable Groups. Barking Cat photographer Kimberly Smith (Kim) is a member of the Protection of Vulnerable Groups (PVG) scheme for Children and Young People through Disclosure Scotland. Please let Kim know if you wish to see her membership certificate and she will happily provide this.
3. Safeguarding. Barking Cat will take all reasonable steps to promote the safety and welfare of children and young people featuring in images on its website, social media channels, displays or for any other promotional or information purposes. This will include the following:
A. Images containing identifiable children or young people under 18 will not include the name, address or other information that could identify the child anywhere near or linked to the image.
B. Only images of children fully and appropriately clothed will be used.
C. All images used electronically will bear a watermark and copyright notice and be of low resolution to deter downloading.
D. A copyright notice will state that it is illegal under the Copyright, Designs and Patents Act 1988 to use or alter copyrighted images without expressed consent of Barking Cat.