Note - for the purpose of this document, Austhorpe Photography will be referred to as AP. Any person enquiring or booking a session or service with Austhorpe Photography shall be known as the Client.
1. APPLICABLE LAW
a) The laws of England and Wales shall govern this agreement. These Terms and Conditions shall not be varied except by agreement in writing.
2. SESSION FEE
a) By booking with AP, and paying a retainer, you enter into a contract and have therefore agreed to abide by these terms and conditions.
b) Retainers are non refundable except in the event of AP cancelling the booking.
3. IMAGES ONLINE
a) It is illegal to attempt to download, or to attempt to remove a watermark from, any image taken and posted online by AP for any reason. Should an image online be saved via any means, and used elsewhere without the written permission of AP, a copyright infringement fee of £1000 per image will be applied to avoid court action, and must be paid within 28 days.
4. COPYRIGHT & REPRODUCTION
a) Copyright is retained by AP at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of AP. This includes saving, screen grabbing and downloading from Facebook or any other social media platforms.
b) The Client may not alter, add to or manipulate a picture by means of computer or any other technique or reproduce a picture in whole or in part as an element within, or as a montage with, another picture without AP’s written permission.
c) Permission to reproduce a picture is granted to the Client by AP only when a fee for the reproduction has been agreed with AP and an invoice has been issued by AP and paid in full by the Client to AP.
d) In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to AP an unauthorised use fee of £1000 per image.
e) The right to reproduce a picture, granted by AP, is personal to the Client and may not be assigned to any third party without AP’s prior written consent.
5. FULFILLMENT OF OBLIGATIONS
a) AP shall not be liable to the Client for any failure, in whole or in part, to fulfil its obligations where failure arises as a result of an event or circumstances beyond its control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury.
b) The Client understands and accepts that the photographic coverage will be as AP’s professional expertise determines. Special requests are not binding instructions although every effort is made to comply with the Client’s wishes.
6. IMAGE PRODUCTION AND HANDLING
a) Save as otherwise agreed between the Client and AP, AP shall be entitled to use its judgement regarding the style and artistic input in the production of images. This includes but is not limited to locations, poses and number of images taken. Due to the fluctuation of weather and the willingness of subjects, it may not be possible to capture all the pictures requested, or capture images to the clients full expectations. In the event of uncooperative children at a session of any kind, for any reason, AP may not be able to capture any, or all the images the Client may have requested or expected.
b)The Client is responsible for all children at all sessions. The cost of any damage caused by the Client, or their children, whilst in the studio or on location, must be covered, in full, by the Client.
c) AP fully edits all images before presenting to the Client. Additional edits are carried out at the discretion of AP, and AP reserves the right to charge the Client for additional editing to cover time involved, at a rate of £15 per image. Any additional edit requests MUST be raised by Client at the proofing stage. Requests not raised at proofing stage will not be considered once products have been ordered.
d) lf the Client does not view or purchase images within three months of the session without arrangement, AP will assume they are not wanted and will delete all files.
e) In the unlikely event of total photographic failure or cancellation of the contract by either party or in any other circumstances the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential losses.
7. TIME KEEPING
a) AP and the Client will agree on a start time for all photography sessions. If the Client is more than 30 minutes late and they have not contacted AP via telephone to advise of their estimated arrival time, the session will be cancelled and the Session Fee will NOT be refunded.
b) AP and the client will agree on a start time for ordering/proofing sessions and collection appointments. If the client is more than 30 minutes late to either of these appointments and they have not contacted AP via telephone to advise of their estimated arrival time, AP reserves the right to charge a £50 fee to rearrange these appointments.
8. CAMERA POLICY
Cameras, camera phones, camcorders or any other recording equipment is NOT permitted during any session, either in the studio or on location, without the express permission of AP.
Where a client has booked and paid a Session Fee for a Newborn Session before the birth of their baby, it is the Client’s responsibility to contact AP as soon after the birth as possible to arrange a date for the Newborn Session. Once AP has been advised of the babies birth, AP will offer at least 1 date within 2 weeks of the date of being contacted.
9. CAKE SMASH AND SPLASH SESSION
a)It is the clients responsibility to inform AP of any food allergy or intolerances the clients baby has prior to ordering the cake. AP will not be held liable for any adverse effect or illness the baby may suffer as a result of an allergy if the Client did not inform AP. By signing the Cake Smash contract you waive all rights to sue AP if any illness results due to lack of information given to AP by the client.
b)The client is to provide bathing products (such as bubble bath) for the ‘Splash’ section of the shoot.
a) All images produced by AP are done on a fully calibrated monitor, and all prints will be a true reflection of the editing carried out by AP. AP will not be held responsible for variances in images caused by clients viewing images on non calibrated screens or monitors. To ensure images are seen as intended, it is advised that client views them at AP studio
b) All prices are subject to change without notice by AP. No consideration will be given to previous clients regarding product pricing, availability, package structure, or session fees.
a) Although AP will do its best to produce more proofs than discussed with the Client there is no guarantee that any particular number of proofs will be produced.
13. RECEIPT OF PICTURES
a) The pictures are presumed to have been received in good condition unless the Client notifies AP in writing of any discrepancy or error within 14 days of receipt.
14. COOLING OFF PERIOD
a) Because the supply of the photographs has been made to the Client’s personal specification, (i.e. image number, print size, frame style, etc.), the Client does not have the right to a cooling off period.
b) By placing an order with AP you are committing to buy the ordered products.
15. RETURNS POLICY
a) Incorrectly supplied items and items of poor quality can be returned and will be replaced at no extra charge to the Client.
b) Returns will not be considered for incorrectly ordered items or items ordered in error.
c) No return, exchange or refund is available on any item once the image proof has been approved, and an order placed.
16. USE OF PICTURES
a) AP retains the right in all cases to use the pictures in any manner at any time throughout the world for the purposes of sales, advertising or promotion, of its work although AP respects its Clients right to privacy and, as such, will seek the Clients permission before using any of the Clients images for purposes of sales, advertising and promotion.
17. MODEL RELEASE
a) Unless specified in writing, AP makes no claim or warranty as to the existence or validity of connected therewith model or other releases in respect of the pictures or as regards the reproduction by the Client of any names or trade marks depicted in the pictures. It is the Client who must satisfy himself that all necessary rights, releases or consents required for reproduction have been obtained.
18. PRIVACY STATEMENT
AP will be the ‘Controller’ of the personal data you provide us with. AP collects basic personal data about you including name, address, email, telephone number and child details. We need your basic personal data in order to provide you with information about photography services in accordance with our contract. We will not collect any personal data from you that we do not need in order to provide and oversee this service to you. No 3rd parties have access to your personal data unless the law or our contract with you, allows them to do so. We keep your images for the length of time agreed upon in our contract with you, after which time they will be deleted. Your information we use for marketing purposes will be kept with us until you notify us that you no longer wish to receive this information. If at any point you believe the information we hold on you is incorrect you can request to see this information and have it corrected or deleted. If you wish to raise a complaint on how we have handled your personal data, you can contact Clare Barker and firstname.lastname@example.org who will investigate the matter.
If you are not satisfied with our response or believe we are not processing your personal data in accordance with the law you can complain to the Information Commissioner’s Office (ICO).
19. IF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE UNDER THE LAW, THE VALIDITY OF THIS AGREEMENT AS A WHOLE SHALL NOT BE AFFECTED, AND THE OTHER PROVISIONS OF THE AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.
Austhorpe Photography. Version 1.1 - Created 27/10/18