AGREEMENT TERMS & CONDITIONS
Note – For the purpose of this document Forever Mae Photography shall be referred to as FMP. The visitor to the site or the individual (whether representing an organisation or not) who orders an image shall be referred to as the Client.
1) APPLICABLE LAW
a) The laws of England 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) SESSION FEE
a) By booking with FMP you enter into a contract and have therefore agreed to abide by these terms and conditions.
b) Session fees taken for newborn, family, and all other sessions are non-refundable except in the event FMP cancels the booking.
c) A session fee is due in full by the Client at the time of booking in order to secure the session – no dates will be held without payment of the session fee.
d) The session fee covers the photographers time for the shoot and subsequent editing only.
3) SICKNESS
a) FMP understands that children can be unpredictable and fall ill at any time. In the event of sickness prior to the session, the Client agrees to make every possible effort to inform FMP no later than 4 hours prior to the start time of the photography session. The session can be transferred to a new date which will be at the convenience of both parties within a maximum 30 day period. FMP reserves the right to re-schedule outside of this time limit due to any existing commitments. If the Client fails to reschedule within the time period FMP has the right to cancel the booking with all payments made non-refundable. In the event of the child falling ill during the session, FMP reserves the right to postpone the photoshoot and re-schedule at the convenience of both parties. In the event of this happening the Client agrees to incur any additional travel expenses.
4) FULFILMENT OF OBLIGATIONS
a) FMP 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 FMP’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 the Client fails to read the supplied information, and therefore fails to carry out required preparations prior to a newborn session, FMP will not be held responsible for any resulting reductions in quality or quantity of images supplied.
e) If the Client is more than 20 minutes late for a session without communication the session is cancelled. A full session fee will need to be paid to rebook.
5) SESSION
a) FMP shall be entitled to use judgement regarding the style and flow of the session. This includes but is not limited to poses, props, number of images taken, and artistic input into the production of the images.
b) Due to the willingness of subjects it may not be possible to capture all the pictures requested or images to the client’s full expectations.
c) In the event of uncooperative children at a session of any kind, for any reason, FMP may not be able to capture any, or all the images the Client may have requested or expected.
d) The Client is responsible for their children at all times.
e) FMP fully edits all images before presenting them to the Client. Additional edits are carried out at the discretion of FMP, and FMP reserves the right to charge the Client for additional editing to cover the time involved. Any additional edit requests MUST be raised by the Client at the proofing stage. Requests not raised at the proofing stage will not be considered once products have been ordered.
f) lf the Client does not view or purchase images within one month of the proof gallery being completed, FMP will assume they are not wanted and will delete all files unless other arrangements have been made.
6) PROOF GALLERY
a) There is no guarantee that any particular number of proofs will be produced
b) Low-resolution proofs will be available for viewing in an online gallery within 2 weeks of the session date.
c) FMP is not obligated to provide the client with any images that are not already presented to them.
d) The client is responsible for viewing and selecting the correct number of photos from their online gallery within 14 days of the images being ready for viewing.
e) For all orders, payment is due in full at the time of order. All orders are final and cannot be changed or refunded for any reason.
f) Additional images and/or prints will be available to order once the original package has been ordered. Prints will remain available via the online gallery for 3 months.
7) PACKAGES AND PRINTS
a) All images produced by FMP are done on a fully calibrated monitor, and all prints will be a true reflection of the editing carried out by FMP. FMP will not be held responsible for variances in images caused by clients viewing images on non-calibrated screens or monitors.
8) DELIVERY
a) The chosen high-resolution images will be sent to the client via a downloadable link or on a USB within 1 week of the order date.
b) Delivery for prints, wall art or any other additional products may vary and will be advised at time of order.
9) COPYRIGHT & REPRODUCTION
a) It is understood that the copyright of all and any photographs belongs to FMP. No photographs may be copied or reproduced by any means photographic or otherwise by any person or machine other than by the photographer unless the high-resolution pictures are purchased by the Client.
b) Releasing photographs online by the Client (i.e. Social media, blog or any other online channels) are prohibited unless the photographer’s company name, Social media page and/or Website is tagged or mentioned along with the image.
c) The Client may not alter, add to or manipulate a picture by means of a computer or any other technique without FMP’s written permission.
10) IDENTIFICATION
While FMP 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.
11) RECEIPT OF PICTURES & PRODUCTS
All pictures, prints, wall art and other products are presumed to have been received in good condition unless the Client notifies FMP immediately upon receipt of the faulty product. See Returns Policy (Note 13).
12) COOLING-OFF PERIOD
a) All digital images, prints, wall art and other products are non-refundable. (Unless faulty on receipt, see note 11 above).
b) Due to the bespoke nature of photography, and 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, refund or exchange on products of any kind once the order has been placed.
c) By placing an order with FMP you are committing to buy the ordered products.
13) RETURNS POLICY
a) Faulty or incorrectly supplied items can be returned and will be replaced at no extra charge to the Client. Please contact FMP immediately upon receipt if you believe this applies to your order.
b) The Client will then have 30 days to return the faulty item at which point a replacement will be ordered.
c) Returns will not be considered for incorrectly ordered items or items ordered in error.
d) No return, exchange or refund is available on any item once the image proof has been approved, and an order placed.
14) MODEL RELEASE
The copyright of all photographs is owned by FMP. We, the Client, give permission to FMP to use any image of our photo session for any general marketing and advertising purposes for FMP. FMP is entitled to use all images produced for i.e. exhibitions, editorials, digital and print marketing incl. social media platforms, publications, educational DVDs and websites, and/or display purposes. Separate document to be signed.
15) CLIENT’S OWN CAMERAS AND RECORDING DEVICES
The use of cameras, camera phones or any other recording equipment is NOT permitted during any session, either in the studio or on location, without the express permission of FMP.
16) PRIVACY POLICY
FMP will never share or allow to be accessed, shared or distributed, any personal or contact information of any client or enquiry obtained by any means. ALL contact information is protected on secure systems and password protected at all times. FOR FULL PRIVACY POLICY STATEMENT SEE SEPARATE DOCUMENT.
17) IMAGE RETENTION
a) FMP endeavours to keep all images for a period of 6 months after a completed session. b) The Client must not rely on FMP for retention of images in case of unexpected data loss.
18) MISC
Although the photographer shall exercise all reasonable skill, care and diligence in the discharge of her duties, it is understood that, in the event of any unforeseen circumstances causing loss of photographic record, the photographer will only be responsible for the return of all monies paid to date, although every effort will be made to re-take the photographs.
ENTIRE AGREEMENT
This agreement contains the entire understanding between Photographer and Client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived. This constitutes an order for one newborn/family/portrait session with Forever Mae Photography. 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.
The undersigned have read and understood the contract and agree to the terms and conditions in their entirety.