TERMS AND CONDITIONS
Note – For the purpose of this document Baby Face Photography Ltd shall be referred to as BFP. 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 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 BFP you enter into a contract and have therefore agreed to abide by the terms and conditions.
b) Booking fees and deposits taken for ALL SESSIONS are non-refundable except in the event BFP cancels the booking. lf 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 BFP for any reason. Should an image online be saved via any means, and used elsewhere without the written permission of BFP, 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.
4) FULFILLMENT OF OBLIGATIONS
a) BFP 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 BFP’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 carry out required preparations prior to a newborn session, BFP 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.
5) CAKE SMASH SESSION
a) It is the client’s responsibility to inform BFP of any food allergy or intolerances the clients baby has prior to ordering the cake. BFP 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 BFP. By signing the Cake Smash contract you waive all rights to sue BFP if any illness results due to lack of information given to BFP by the client.
a) All images produced by BFP are done on a fully calibrated monitor, and all prints will be a true reflection of the editing carried out by BFP. BFP will not be held responsible for variances in images caused by clients viewing images on non-calibrated screens or monitors.
b) All prices are subject to change without notice by BFP. No consideration will be given to previous clients regarding product pricing, availability, package structure, or session fees.
a) Although BFP 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.
8) IMAGE PRODUCTION AND HANDLING
a) Save as otherwise agreed between the Client and BFP, BFP 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, BFP may not be able to capture any, or all the images the Cleint may have requested or expected. The Client is responsible for all children at all sessions.
b) BFP fully edits all images before presenting to Client. Additional edits are carried out at the descretion of BFP, and BFP reserves the right to charge the Client for additional editing to cover time involved, at a rate of £5 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) lf The Client does not view or purchase images within three months of the session without arrangement, MRP will assume they are not wanted and will delete all files.
d) Online galleries will be set to be active for 1 week, should no purchases be made within this time the gallery will be deactivated and there will be a charge to the client of £10 to reactivate the gallery.
9) COPYRIGHT & REPRODUCTION
a) Copyright is retained by BFP at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of BFP. This includes saving, screen grabbing and downloading from Facebook or other social media.
b) The Client may not alter or 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 BFP’s written permission.
c) Permission to reproduce a picture is granted to the Client by BFP only when a fee for the reproduction has been agreed with BFP and an invoice has been issued by BFP and paid in full by the Client to BFP.
d) In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to BFP 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 BFP is personal to the Client and may not be assigned to any third party without BFP’s prior written consent.
f) The Client will fully indemnify BFP 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 BFP’s prior written consent).
a) While BFP 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
a) The pictures are presumed to have been received in good condition unless the Client notifies BFP in writing of any discrepancy or error within 14 days of receipt. This includes time at which items have been sent for download regardless of weather they have been downloaded.
12) 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 BFP you are committing to buy the ordered products.
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) 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.
14) USE OF PICTURES
a) BFP 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.
15) MODEL RELEASE
a) Unless specified in writing, BFP 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.
If any provision of this agreement is held to be invalid 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 force.
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 BFP.
BFP 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.
19) Gift vouchers
Gift vouchers will be valid until the date specified on the voucher. The voucher is non refundable and cannot be redeemed for cash. Should the client be unable to attend dates offered by BFP the voucher will not be refunded.
IMAGES ARE KEPT FOR A SIX MONTH PERIOD AT THE DISCRETION OF BABY FACE PHOTOGRAPHY LTD.