Note – For the purpose of this document Capture the Light Photography shall be referred to as CTL. The visitor to the site or the individual (whether representing an organisation or not) who books a portrait appointment shall be referred to 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.
b) In the event of any conflict between these terms and conditions (including those relating to the time of payment) and those issued or submitted by the Client and in the absence of any contrary agreement in writing these Terms and Conditions shall prevail.
2) BOOKING FEE
a) By booking with CTL you enter into a contract and have therefore agreed to abide by the terms and conditions.
b) Booking fees taken for newborn and portrait sessions are non refundable except in the event CTL cancels the booking. If a booking is made online, and no suitable date can be arranged for the chosen session after consultation, then a refund will be given.
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 CTL for any reason. Should an image online be saved via any means, and used elsewhere without the written permission of CTL, whether the copyright has been removed or not, a copyright infringement fee of £1000 per image will be applied to avoid court action, and must be paid within 28 days. Any images posted on social media may be shared, if the original post is retained with the image.
4) FULFILMENT OF OBLIGATIONS
a) CTL 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 CTL’s professional expertise determines. Special requests are not binding instructions although every effort is made to comply with the Client’s wishes.
c) 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.
d) If Client fails to read the supplied preparation guidelines, and therefore fails to carry out required preparations prior to a newborn session, CTL will not be held responsible for any resulting reductions in quality or quantity of images supplied.
e) If Client is more than 15 minutes late for a session without communication the session is cancelled. A full session fee will need to be paid to rebook. If Client is more than 40 minutes late for a session, irrespective of communication, the session will be cancelled and a full session fee required to rebook.
5) BUMP TO BABY/MY FIRST YEAR PACKAGE
a) Client must order from each session before being permitted to progress to next session, and before free gift is received.
b) Client can not combine session images into one gallery. Each session must be ordered from separately.
c) Failure to place an order after a session will forfeit any free gifts and moneys paid and the package will become void.
6) CAKE SMASH SESSION
a) It is the Client’s responsibility to inform CTL of any food allergy or intolerances the Client’s baby has prior to ordering the cake. CTL will not be held liable for any adverse effect or illness the baby may suffer as a result of an allergy. By entering into a Cake Smash booking you waive all rights to sue CTL if any illness results due to lack of information given to CTL by the client.
a) All images produced by CTL are done on a fully calibrated monitor, and all prints will be a true reflection of the editing carried out by CTL. CTL 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 CTL studio
b) All prices are subject to change without notice by CTL. No consideration will be given to previous clients regarding product pricing, availability, package structure, or session fees.
a) Although CTL 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.
9) IMAGE PRODUCTION AND HANDLING
a) Save as otherwise agreed between the Client and CTL, CTL shall be entitled to use its judgement regarding the style and artistic input in the production of pictures. This includes but is not limited to locations, poses and number of images taken. Due to the vagaries of weather and the willingness of subjects it may not be possible to capture all the pictures requested, or images to the clients full expectations. In the event of unco-operative children at a session of any kind, for any reason, CTL may not be able to capture any, or all the images the Client may have requested or expected. The Client is responsible for all children at all sessions.
b) CTL fully edits all images before presenting to Client. Additional edits are carried out at the discretion of CTL, and CTL 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.
c) If The Client does not view or purchase images within three months of the session without arrangement, CTL will assume they are not wanted and will delete all files.
10) COPYRIGHT & REPRODUCTION
a) Copyright is retained by CTL at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of MRP. This includes saving, screen grabbing and downloading from Facebook or other social media.
b) The Client may not alter, add to or manipulate a picture by means of computer or any other technique without CTL’s written permission.
c) Permission to reproduce a picture is granted to the Client by CTL only when a fee for the reproduction has been agreed with CTL and an invoice has been issued by CTL and paid in full.
d) In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to CTL an unauthorised use fee of £1000 per image, or double the standard reproduction fee for the use concerned, whichever is the greater.
e) The right to reproduce a picture granted by CTL is personal to the Client and may not be assigned to any third party without CTL’s prior written consent.
f) The Client will fully indemnify CTL against any unauthorised reproduction of a picture submitted to the Client made by any third party as a result of or arising out of any breach by the Client of any of these terms and conditions (including but not by way of limitation the Client allowing a picture or a copy thereof to come into the possession of a third party without CTL’s prior written consent).
a) While CTL has taken reasonable care to correctly identify, caption and orientate the pictures, it does not accept any liability for loss or damage incurred by the Client or any third party caused by any errors.
12) RECEIPT OF PICTURES
a) The pictures are presumed to have been received in good condition unless the Client notifies CTL in writing of any discrepancy or error within 14 days of receipt.
13) 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 CTL you are committing to buy the ordered products.
14) 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) Faulty items should be returned to Capture the Light Photography, c/o Happy Days Toy Shop, 24 High St South, Olney MK46 4AA. The Client is responsible for any costs associated with return postage.
C) No return, exchange or refund is available on any item once the image proof has been approved, and an order placed.
15) MODEL RELEASE
a) Unless specified in writing, CTL 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.
16) 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.
17) 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 CTL.
IMAGES ARE KEPT FOR A SIX MONTH PERIOD AT THE DISCRETION OF CAPTURE THE LIGHT PHOTOGRAPHY
Capture the Light Photography – Olney – Buckinghamshire – UK