Family Portrait Session Contract
This agreement is made between Kerry Morgan Photographer,
micro-entrepreneur, SIRET: 88361667400023,
whose business address is 8 Rue de L’Eglise, Gabian, 34320, Hérault, France
(“the Photographer”), and the person submitting this booking form (“the Client”).
By submitting this form and paying the booking fee, the Client confirms that they have read,
understood and agreed to the terms of this agreement.
1. Session Details
- Session type: Family portrait session
- Location: Client’s holiday rental or another agreed location
- Session length: Up to 90 minutes
- Included images: 60 individually edited high-resolution JPG files
- Web-size files: Web-size JPG files will also be made available
- Delivery: Private online gallery with download access
- Total fee: €750
- Booking fee: €200
- Balance due after the session: €550
2. Session Date and Weather Plan
- The session is provisionally scheduled for 16 July 2026.
- An alternative date of 14 July 2026 has also been pencilled in for weather flexibility.
- The Photographer will decide which of the agreed dates is most suitable, taking into account weather, light, safety and practical conditions.
- If wet weather makes outdoor photography unsuitable, the session may take place inside the holiday rental or in another suitable covered location.
- The Photographer’s decision on weather suitability is final.
3. Booking Fee and Payment
- A booking fee of €200 is due immediately to reserve the session date.
- The booking is not confirmed until the booking fee has been received by the Photographer.
- The booking fee is non-refundable. It covers reserved time, administration, planning, preparation and loss of availability for other work.
- The remaining balance of €550 is due immediately after the session and before image delivery.
- No gallery, image files or download access will be delivered until the balance and any agreed additional charges have been paid in full.
- Once the session has taken place, the full fee is payable whether or not the Client later chooses to download, print, share or use the images.
- Payment is to be made by Revolut or another payment method agreed in writing by the Photographer.
- All prices are stated in euros.
- TVA non applicable, art. 293 B du Code général des impôts, subject to the Photographer’s applicable tax status at the date of invoicing.
4. Client Cancellation
- All cancellations must be made in writing by email.
- If the Client cancels before the session takes place, the booking fee will be retained and no further balance will be due.
- If the Client fails to attend the session, cancels on the day after the Photographer has travelled or made herself available, or prevents the session from taking place through lack of access, lack of permission or other circumstances within the Client’s control, the booking fee will be retained.
- A new session date after Client cancellation or non-attendance will require a new booking fee unless the Photographer agrees otherwise in writing.
- The Photographer may, at her discretion, offer to reschedule in cases of illness, emergency, unsafe weather or serious travel disruption.
- Any rescheduled session is subject to the Photographer’s availability.
5. Cancellation or Rescheduling by the Photographer
- The Photographer may cancel or reschedule the session where reasonably necessary due to illness, injury, emergency, unsafe weather, transport failure, technical failure, force majeure or circumstances outside the Photographer’s reasonable control.
- Where possible, the Photographer will offer an alternative date.
- If the Photographer cancels and no suitable alternative date can be agreed, the Photographer’s liability will be limited to refunding monies paid by the Client.
- Nothing in this agreement excludes or limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot lawfully be excluded.
6. Client Responsibilities
- The Client is responsible for ensuring that all participating adults, children and pets are ready and available at the agreed start time.
- If the Client or any participants arrive late, the session will still end at the original agreed end time unless the Photographer agrees otherwise.
- The Photographer is not responsible for reduced coverage, fewer usable images or missed photographs caused by lateness, lack of cooperation, tiredness, illness, hunger, reluctance, behaviour of children, behaviour of pets, clothing choices, weather, access restrictions or other circumstances outside the Photographer’s control.
- The Client confirms that they have authority to agree to this contract on behalf of any minor children for whom they are responsible.
- The Client is responsible for the behaviour, safety and supervision of all children and pets during the session.
7. Location Permission, Access and Fees
- The Client is responsible for obtaining any required permission for photography at the holiday rental, hotel, château, private estate, public location or other agreed location.
- The Client is responsible for ensuring that the Photographer has reasonable access to the location at the agreed time.
- Travel to the agreed session location is included in the session fee.
- Parking, tolls and normal travel costs to the agreed session location are included in the session fee.
- If the Client asks to move to an additional location during the session, any additional parking, tolls, entrance fees, taxi costs, transport costs, location fees or permit fees will be payable by the Client.
- If the location refuses access, restricts photography, becomes unavailable or is unsuitable, the Photographer is not responsible for any resulting reduction in coverage or final images.
8. Creative Control and Image Selection
- The Client acknowledges that photography is a creative service and that the Photographer retains creative, artistic and editorial control over the session.
- This includes control over composition, light, location choices, posing, direction, shooting style, editing style, colour treatment, black and white conversion and final image selection.
- The Photographer will make reasonable efforts to accommodate specific requests where practical, but no specific image, pose, expression, background, composition or moment is guaranteed unless expressly agreed in writing.
- The Photographer has sole discretion over which images are selected for editing and delivery.
- RAW files, unedited files, duplicate images, test shots, missed-focus images, closed-eye images, unflattering images and images rejected during the editing process will not be supplied.
- Rejected images may be permanently deleted and will not be available for later review or purchase.
9. Editing and Retouching
- The session fee includes the Photographer’s standard editing style, including colour correction, exposure correction and general image finishing.
- Basic retouching may be included at the Photographer’s discretion.
- Specialist retouching is not included unless agreed in writing.
- Specialist retouching includes, but is not limited to, extensive skin work, body reshaping, object removal, background alteration, clothing alteration, compositing, head swaps or other advanced editing.
- Additional retouching is charged at €90 per hour or part hour.
10. Image Delivery
- The Photographer will make reasonable efforts to deliver the final edited images within 30 days of receiving full payment.
- Delivery times may be extended during busy periods, illness, emergency, technical failure or other circumstances outside the Photographer’s reasonable control.
- The images will be delivered through a private online gallery or another digital delivery method chosen by the Photographer.
- The Client is responsible for downloading and safely backing up their images before the gallery expires.
11. Gallery Access and Archiving
- The online gallery will remain available for 3 months from the date of delivery.
- After 3 months, the gallery may be removed, archived or deleted without further notice.
- The Photographer will aim to archive the final edited images for 1 year from the date of delivery, but does not guarantee indefinite storage.
- Re-uploading or restoring an expired gallery, where possible, will incur an administration fee of €100.
- The Client is strongly advised to make at least two separate backups of the downloaded image files.
12. Copyright and Personal Use Licence
- The Photographer retains copyright and all intellectual property rights in all images created during the session.
- The Client receives a personal, non-exclusive, non-transferable licence to download, print and share the delivered images for personal and family use only.
- The Client may print the images for personal use.
- The Client may share the images on personal social media accounts.
- The Client may not sell, licence, publish commercially, submit to a publication, enter into competitions, use for business purposes, use for advertising, provide to suppliers, provide to brands or provide to any third party for commercial use without the Photographer’s prior written consent.
- The Client may not edit, alter, apply filters to, heavily crop, recolour, manipulate or otherwise change the delivered images.
- Reasonable cropping caused by social media platforms or print formats is permitted, provided the image is not otherwise altered.
13. Image Credit
When sharing images online, the Client is kindly asked to credit Kerry Morgan Photographer where practical,
either by tagging the Photographer’s social media account, mentioning Kerry Morgan Photographer, or linking to the Photographer’s website.
The Client must not claim that the images were created by anyone else.
14. Promotional Use and Privacy of Images
- The Photographer will not use identifiable images from this family session for website, portfolio, social media, advertising, awards, exhibitions or promotional purposes unless the Client gives separate written permission.
- Separate written permission may be requested by the Photographer after the session.
- The Client is free to refuse promotional use.
- Refusal of promotional use will not affect the service provided.
15. Other Cameras, Phones and Interference
- Family members may take casual phone photographs provided this does not interfere with the Photographer’s work.
- No other professional photographer, videographer, content creator or commercial image-maker may attend or work during the session unless agreed in writing by the Photographer before the session.
- If another person interferes with the session, directs subjects, blocks shots, distracts children, prevents the Photographer from working or otherwise disrupts the session, the Photographer may pause or end the session.
- If the session is ended because of interference or unreasonable conduct, no refund will be due.
16. Health, Safety and Behaviour
- The Photographer may refuse to work in unsafe, unlawful, abusive, threatening or inappropriate conditions.
- The Photographer may end the session immediately if subjected to verbal abuse, physical abuse, harassment, intimidation, unsafe behaviour or unreasonable conduct by the Client or anyone connected with the session.
- If the session is ended for these reasons, no refund will be due and any unpaid balance for work already carried out will remain payable.
17. Complaints
- Any complaint about the delivered images must be raised in writing within 7 days of gallery delivery.
- The Client must allow the Photographer a reasonable opportunity to respond to and, where appropriate, remedy any issue.
- Dissatisfaction caused by personal appearance, clothing choices, weather, location, children’s expressions, lack of cooperation, lateness, tiredness, illness, behaviour of participants or circumstances outside the Photographer’s control will not be grounds for a refund.
- The Photographer’s editing style is part of the service purchased. Disagreement with the Photographer’s normal editing style is not grounds for rejection of the images or non-payment.
18. Limitation of Liability
- In the unlikely event of total photographic failure, equipment failure, data loss, theft, illness, accident or any other issue that prevents delivery of the images, the Photographer’s liability will be limited to refunding monies paid by the Client.
- The Photographer is not liable for indirect loss, consequential loss, emotional distress, loss of enjoyment, loss of opportunity or any costs exceeding the amount paid by the Client.
- Nothing in this agreement excludes or limits liability where it would be unlawful to do so.
19. Data Protection and Privacy
The Photographer may collect and store personal data provided by the Client for the purpose of administering the booking,
fulfilling this agreement, delivering the images, maintaining business records, invoicing, accounting, legal compliance and communicating with the Client.
Personal data may include the Client’s name, address, email address, telephone number, booking details, payment records,
IP address, form submission timestamp and images created during the session.
The Photographer will not sell the Client’s personal data. Personal data may be shared only where necessary with service
providers used for gallery delivery, website forms, payment processing, accounting, legal compliance or business administration.
The Client may request access to, correction of or deletion of their personal data, subject to any legal, accounting or legitimate business obligations requiring the Photographer to retain certain records.
The Photographer’s privacy policy is available here:
[INSERT PRIVACY POLICY URL]
20. Consumer Mediation
In accordance with French consumer law, where the Client is acting as a consumer, the Client has the right to refer a dispute
free of charge to a consumer mediator after first attempting to resolve the matter directly with the Photographer in writing.
Consumer mediator details:
[INSERT MEDIATOR NAME]
[INSERT MEDIATOR WEBSITE]
[INSERT MEDIATOR ADDRESS OR CONTACT DETAILS]
21. Governing Law and Jurisdiction
This agreement is governed by French law.
Any dispute will first be dealt with by direct written communication between the Parties. Where the Client is acting as a consumer,
any mandatory consumer protection rights and jurisdiction rules that cannot legally be excluded will continue to apply.
22. Entire Agreement
This agreement, together with the booking form and any written package details agreed by the Parties, forms the entire agreement
between the Photographer and the Client. Any changes must be agreed in writing.
23. Agreement
By submitting this form and paying the booking fee, the Client confirms that they have read, understood and agreed to this agreement.
The form submission timestamp and IP address may be retained as evidence of acceptance.