For the purpose of this document Photography By Sharon Lewis shall be referred to as PBSL. The visitor to the individual (whether representing an organisation or family/group) who books a portrait appointment shall be referred to as the Client.
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 PBSL you enter into a contract and have therefore agreed to abide by the terms and conditions.
b) Booking fees taken for portrait sessions are non refundable except in the event PBSL cancels the booking. c) Unless stated upon booking, no images in any form are included in the booking fee. These can be purchased separately.
3 ) IMAGES SHARED ONLINE
a) It is illegal to attempt to download, or to attempt to remove a watermark from, any image taken and posted online by PBSL for any reason. Should an image online be saved via any means, and used elsewhere without the written permission of PBSL, 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) The liability of PBSL 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 a) equipment failure, inclement weather, illness or injury, shall be limited to the value of the booking fee.
b) The Client understands and accepts that the photographic coverage will be as PBSL’s professional expertise determines. Special requests are not binding instructions although every effort is made to comply with the Client’s wishes.
c) If Client fails to read the supplied preparation guidelines, and therefore fails to carry out required preparations prior to a newborn session, PBSL will not be held responsible for any resulting reductions in quality or quantity of images supplied.
d) 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. e) Where PBSL has to cancel the booking, due to circumstances beyond their control, the full amount of the Booking Fee and any further payments received will be returned to The Client.
5) HEALTH AND SAFETY
a) The health and safety of The Client and their whole party, including children, remains the responsibility of The Client. All reasonable precautions will be taken by PBSL to maintain a safe working environment. Children should be under the supervision of their parents/guardians at all times while in the studio.
b) INFECTIOUS DISEASES AND COViD-19:
I understand that if The Client or PBSL displays any possible symptoms of COViD-19 or other infectious disease, or has been exposed to disease, the session must be postponed. Hand sanitiser will be provided and both the photographer and the client should use them regularly. Facemasks will be available in the studio for both the client and the photographer. These are optional if social distancing is maintained, but compulsory for any close-contact. The studio has been re-arranged to accommodate social distancing, in any instances where social distancing is not adhered to it must be limited to as brief period as possible. The studio will endure a deep clean and disinfect between every session, hand hygiene practiced and all government guidelines will be followed. The client understands that any public place where people are present risks exposure to COViD-19 and the photographer cannot guarantee that you will not be exposed during your shoot time.
6) BABY MILESTONE PLAN
a) The Client must order from each session before being permitted to progress to next session.
b) The Client can not combine session images into one gallery. Each session must be ordered from separately.
7) CAKE SMASH SESSION
a) It is the Client’s responsibility to inform PBSL of any food allergy or intolerances the Client’s baby has prior to ordering the cake. PBSL will not be held liable for any adverse effect or illness the baby may suffer as a result of an allergy. In the case of allergies that PBSL is unable to accommodate, the client may be asked to supply their own cake or alternative for the session.
8) PRINTS.
a) All images produced by PBSL are done on a fully calibrated monitor, and all prints will be a true reflection of the editing carried out by PBSL. PBSL 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 PBSL studio during their viewing session.
9) PREVIEWS/PROOFS
a) Although PBSL 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. PBSL shall be entitled to use its judgement regarding the style and artistic input in the production of pictures.
b) PBSL edits all images before presenting to The Client. Additional edits are carried out at the discretion of PBSL, and PBSL 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 The Client at the viewing/proofing stage. Requests not raised at viewing/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, PBSL will assume they are not wanted and reserves the right to delete all files.
10) COPYRIGHT & REPRODUCTION
a) Copyright is retained by PBSL at all times throughout the world unless there is express written agreement to the contrary. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of PBSL. 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 PBSL’s written permission. This includes the use of social media filters.
c) Permission to reproduce a picture is granted to the Client by PBSL only when a fee for the reproduction has been agreed with PBSL and an invoice has been issued by PBSL and paid in full.
d) In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to PBSL 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 PBSL is personal to the Client and may not be assigned to any third party without PBSL’s prior written consent.
f) The Client will fully indemnify PBSL 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 PBSL’s prior written consent).
11) RECEIPT OF PICTURES AND OTHER PHOTOGRAPHIC PRODUCTS
a) The pictures and other photographic products, such as Albums and Wall Are, Frames etc. are presumed to have been received in good condition unless the Client notifies PBSL in writing of any discrepancy or error within 14 days of receipt.
12) COOLING OFF PERIOD
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.
13) 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 PBSL. 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.
14) COMPLAINTS
All complaints should be raised by the Client directly to PBSL in writing within 14 days of the occurrence which gives rise to the complaint. PBSL will consider the complaint and shall provide a response to the Client within 14 days of receipt of that Complaint. In the unlikely event of an unresolved complaint the Client may request the Guild of Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties. The alternative to the latter is that the Client will need to consider legal action.
15) FORCE MAJEURE
The due performance of this contract is subject to alteration or cancellation due to a Force Majeure Event. A Force Majeure Event means an event beyond the control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources. For the avoidance of doubt, it does not include circumstances where the Photographer(s) attend an Event to perform the Services and any of the Parties fail to attend.
16) 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 PBSL.
17) PRIVACY POLICY
PBSL 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.
18) PBSL reserves the right to cancel a session if the advertised event (i.e. planned mini session day) is not financially viable to run, this maybe due to sessions sold does not cover the cost of the day. All fees taken will be refunded and 3 working days notice will be given ahead of event.
19) BASIC WEBSITE DISCLAIMER
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- The Content on Our Site does not constitute advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to medical or financial information.
- We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
- We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
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FOR FULL PRIVACY POLICY STATEMENT SEE here.
IMAGES ARE KEPT FOR A SIX MONTH PERIOD AT THE DISCRETION OF PHOTOGRAPHY BY SHARON LEWIS 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.