Portrait, Baby & Newborn Photography – Terms and Conditions
TERMS AND CONDITIONS FOR NATURAL ESSENCE PHOTOGRAPHY PHOTO SHOOTS
For the purpose of this document Natural Essence Photography shall be referred to as NEP. 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. “The Client(s)” shall be those whose name appears on the contract. The due performance of the contract is subject to the conditions below and they cannot be varied in any way by The Client(s) unless such conditions are expressly agreed by NEP The Photographer(s) in writing.
By booking with NEP you enter into a contract and have therefore agreed to abide by the terms and conditions.
COPYRIGHT & REPRODUCTION
NEP retains copyright at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of NEP. The Client may not alter or add to or manipulate a picture by any means or reproduce a picture in whole or in part as an element within, or as a montage with, another picture without NEP’s written permission. Permission to reproduce a picture for personal use (not commercial) is granted to the Client by NEP only when digital negatives are purchased and paid in full by the Client to NEP.
A non-refundable booking fee of £50 or £65 (paid by bank transfer) along with a completed client/booking form will confirm your booking. All additional goods are payable on ordering your products at your personal viewing session. The goods remain the property of NEP until paid for in full by The Client(s).
The booking fee is required at time of booking to secure the Photographers time. The deposit is non-refundable, except in the event NEP cancels the booking. If you or your children are sick, please give 24 hours’ notice to reschedule your session. If 24 hours’ notice is not given or client is a no show, there will be a rebooking fee charged.
It is illegal to attempt to download, or to attempt to remove a watermark from, any image taken and posted online by NEP for any reason. Should an image online be saved via any means, and used elsewhere without the written permission of NEP, 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.
FULFILLMENT OF OBLIGATIONS
NEP shall not be liable to the Client for any failure, in whole or in part, to fulfill her obligations where failure arises as a result of an event or circumstances beyond her control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury. The Client understands and accepts that the photographic coverage will be as NEP’s professional expertise determines. Special requests are not binding instructions although every effort is made to comply with the Client’s wishes. In the unlikely event of total photographic failure or cancellation of the contract by NEP the liability shall be limited to a full refund of all monies paid.
PRICE OF PACKAGES AND ADDITIONAL PRODUCTS
Upon booking a session with NEP please make sure you have fully viewed the price list. It is presumed every Client has read the price list and current prices always apply. As a guide clients generally spend between £385-£1000 following any session.
PROOFS/VIEW AND ORDER SESSION
There is no guarantee that any particular number of proofs will be produced. Proofs will be available for your in-studio viewing and order session within 4 weeks. All orders are due at this time. As creative artist, NEP will aim to select 10 – 20 images for your slideshow presentation. NEP is not obligated to provide the client with any images that are not already presented to them. Client is responsible for attending a view and order session within 4 weeks of the images being ready for viewing. For all orders, payment is due in full at time of ordering. All orders are final and cannot be changed or refunded for any reason. All prices are subject to change without notice by NEP. Clients will be honoured the pricing at the time of their booking if prices were to change in the lead up to their session.
All images produced by NEP are done on a fully calibrated monitor, and all prints will be a true reflection of the editing carried out by NEP. NEP will not be held responsible for variances in images caused by clients viewing images on non calibrated screen or monitor. To ensure images are seen as intended it is advised that client views them at NEP studio. NEP is not responsible for the print quality of other print labs the Clients use. Prints that are not ordered through NEP may vary in quality and colour.
PLACING AN ORDER AND RECEIPT OF GOODS
Any alterations to orders must be notified either by telephone or in writing (sent by special delivery) within one working day of the order being placed. NEP will not be held liable for any costs incurred due to alterations to the order made by the Client after this time. NEP must be notified either by telephone or in writing (sent by special delivery) within two working days of The Client(s) being in receipt of their order in the case of error, shortage or damage as mistakes cannot be rectified after this period. Due to the nature of the product, NEP is unable to give exchanges or refunds. This does not affect your statutory rights. In the event that photographic materials are damaged in processing, lost through equipment malfunction, lost in the mail or otherwise lost or damaged, the photographer will offer to re-shoot at no extra cost to the client but shall have no further liability for losses, including consequential losses, incurred by the client.
NEP shall be entitled to use her judgment regarding the style and artistic input in the production of pictures. This includes but is not limited to location, poses, props and number of images taken. Due the willingness of subjects it may not be possible to capture all the pictures requested, or images to the client’s full expectations. In the event of uncooperative children at a session of any kind, for any reason, NEP 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.
Images are fully edited before presenting to Client. Additional edits are carried out at the discretion of NEP, and NEP reserves the right to charge the Client for additional editing to cover time involved, at a rate of £15 per image. Additional edits must be raised to NEP at the Clients viewing session. Requests not raised at this stage will not be considered once products have been ordered. If The Client does not view or purchase images within 3 months of the session without arrangement, NEP will assume they are not wanted and the files will be delete.
USE OF PICTURES
NEP retains the right in all cases to use any pictures for the purposes of displays, advertising, Studio, portfolio, publication, promotion or social media, of her work. All requests for non-usage must be made in writing.
RECEIPT OF PORTRAITS, WALL ART OR PRODUCTS
All orders are presumed to have been received in good condition unless the Client notifies NEP in writing of any discrepancy or error within 14 days of receipt.
COOLING OFF PERIOD
All portraits, prints, canvases, frames, etc. are non-refundable. Orders cannot be cancelled due to the custom nature of the products. Orders are 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. By placing an order with NEP you are committing to buy the ordered products.
Incorrectly supplied items and items of poor quality can be returned and will be replaced at no extra charge to the Client. Returns will not be considered for incorrectly ordered items or items ordered in error by the Client.
HEALTH & SAFETY
The client is responsible for the children’s safety during the photoshoot. The client must, therefore, ensure that a responsible adult other than Nina Mace is present at all times supervising the children.
Taking pictures is not permitted (on phone, iPad, camcorder) in the studio by the Client, unless agreed by NEP.