Terms of Service
Dan Mackenzie Creative
Effective Date: 1 September 2025
Last Updated: 1 September 2025
These Terms of Service apply to all use of services, products, and platforms by Dan Mackenzie Creative ("Dan Mackenzie", "we", "us" or "our"). Booking, using, or accessing our services (photography, consulting, events, AI, gallery/store) means you agree to all terms below. If you do not agree, please do not use our services.
1. Scope of Services
Dan Mackenzie Creative provides:
- Portrait, lifestyle, boudoir, travel, and commercial photography
- Branding, web, AI, consulting and event services
- Private client galleries, digital delivery, online print store
These Terms apply to all users, clients, and visitors to danmackenzie.co.uk and related platforms. Additional terms (like our Terms of Sale for store purchases) also apply and are referenced below.
2. Bookings & Payments
2.1 Booking Policy
A non-refundable deposit (typically £50 or as agreed) is required to confirm any session or engagement. The balance is due before the session date, unless otherwise agreed in writing. Lack of payment may result in cancellation and loss of booking.
2.2 Payment Methods
Accepted forms include Stripe, major credit/debit cards, and bank transfer. Additional expenses, such as travel, venue, or required permits, must be covered as agreed.
2.3 Payment Plans
Installment plans may be available; all balances must be cleared before final images or deliverables are released.
3. Cancellations & Rescheduling
3.1 Client Cancellations
Cancellation within 7 days of the session may require payment of the full balance. Cancellations outside this period forfeit the deposit only.
3.2 Photographer/Service Provider Cancellations
If Dan Mackenzie cannot deliver the contracted service (illness, emergency), clients are offered a rescheduled session or a refund of payments made (excluding completed work).
3.3 Weather & Force Majeure
Outdoor sessions affected by weather or unavoidable events will be rescheduled at no additional cost, subject to availability.
4. Image Delivery, Client Gallery & Product Access
4.1 Gallery Access
Final images are delivered via secure private gallery (gallery.danmackenzie.co.uk), available for a stated period (one month unless an extension is purchased).
4.2 Image Selection & Delivery
Clients receive a proof gallery for image selection; extras may be purchased. Final delivery occurs after editing and cleared payment. Clients are responsible for downloading and securing their files.
5. Travel, Additional Expenses & Venue Access
5.1 Travel Fees
Sessions more than 10 miles from our base may incur travel fees. International bookings require pre-arranged travel and accommodation expenses.
5.2 Client Responsibility
Clients are responsible for permits, venue access, and location fees as required by law or venue policy.
6. Intellectual Property, Licensing & Usage Rights
6.1 Personal Use License
Clients receive a non-exclusive, non-transferable license for personal use — including printing and sharing on personal social media with credit.
6.2 Commercial Use & Licensing
Commercial or advertising use requires a separate Commercial Image License and written consent. No image may be used for business or commercial gain without explicit agreement.
6.3 Editing & Alterations
No editing, retouching, or filtering of delivered images beyond cropping/minor adjustments for personal use without written permission.
7. Third-Party Services & Platforms
7.1 Pixieset Galleries & Store
The Client Gallery and Print Store are hosted via Pixieset; use is subject to Pixieset's Terms of Service. Product purchases are governed by our Terms of Sale.
7.2 Print Fulfilment
All prints and physical products are produced by professional partners (e.g., Loxley Colour). We manage customer service but are not liable for print lab or carrier delays and unforeseen errors after dispatch.
7.3 Payment Processing
All payments are processed securely through Stripe, subject to Stripe's Terms of Service. No card/payment data is stored on our servers.
8. Liability & Indemnification
To the fullest extent permitted by UK law, liability is limited to the cost paid for the relevant services/products. We are not responsible for loss, deletion, or corruption of files post-delivery, personal injury or property damage (unless caused by our proven negligence), or third-party delays or failures.
9. Jurisdiction & Dispute Resolution
These Terms are governed by English law. Disputes shall first be resolved informally; unresolved matters are subject to the exclusive jurisdiction of English courts.
10. Updates & Notifications
We reserve the right to update these Terms. Changes will be posted on danmackenzie.co.uk/terms-of-service with effective dates, and notifications emailed to affected parties when material changes occur. Continued use of our services constitutes acceptance of revised terms.
11. Contact Information
Dan Mackenzie Creative
The Cabin, Brownshill Road
Stroud, Gloucestershire, GL6 8AS, United Kingdom
support@danmackenzie.co.uk