Photography by Sarah
TERMS & CONDITIONS
“Business” shall mean Photography by Sarah Marriott
“Client” shall mean ‘You’
“Session” shall mean the agreed session as laid out in the contract
“Photographer(s)” shall mean Photography by Sarah Marriott
“Products” shall mean any discs, albums or other items created by or purchased from the Business
“Services” shall mean photography to be carried out during the session and any other services as agreed between the Client and the Photographer.
It is agreed that the following terms and the Contract set out the entire agreement made between the parties, and that no variation or modification of the contract shall be effective unless agreed by both parties in writing.
BOOKING FEE
The Photographer will confirm the session, date, time and services upon the receipt of cleared funds in respect of the booking fee, which is full session fee unless otherwise agreed in writing.
The booking fee (full session fee) is non-refundable except in the event that the Business cancels the booking. The Client acknowledges that the booking fee is non-refundable or transferable in the event of cancellation by the Client.
PAYMENTS
Payment for digital images or products must be made in full at the time of ordering. Products will be ordered from our supplier and digital images released upon receipt of cleared funds in respect of the full product fees.
Where payment is to be made by a third party, the Client acknowledges that they shall remain responsible for any balance outstanding.
The Client will be invoiced and payment must be made in relation to the terms laid out therein.
LICENSE AND COVERAGE
The Photographer shall be granted artistic license in relation to the poses photographed and props used. Although every effort will be made to comply with the Clients requirements, the Photographers judgment regarding location, poses and number of photographs taken shall be deemed correct and not subject to dispute.
Whilst the Photographer will endeavor to fulfill the Clients requirements, the Photographer cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of the session preventing the coverage of certain specified shots.
If the Client fails to read the supplied documentation in respect to preparation and requirements for sessions the Photographer will not be held responsible for any resulting reductions in quality or quantity of images supplied.
Any alterations to the contract once details have been confirmed may only be made at the discretion of the Photographer and must be agreed in writing.
USE AND DISPLAY OF IMAGES
The Clients hereby allow the Photographer to display any images relating to the Contract and to generally promote the Business in the Photographers portfolio and by means of advertising, publicity material, websites, social media and other such media providing that the images are used lawfully and without damage to the Client. By signing this contract you consent to the use of such images. The photographer agrees not to resell any image to a third party other than with prior written consent.
It is the responsibilty of the client to notify the Photographer should they not wish for their images to be used on social media, websites or other marketing materials. This must be received in writing.
IMAGE AND REPRODUCTION
Due to limitations of computer monitors and variations of computer operating systems, it is understood that images viewed via this method may appear differently according to the specification of each monitor/computer and that prints may not match images rendered on any particular computer monitor.
Images are produced by the Photographer are done so on a calibrated monitor and all prints purchased through the Business will be a true reflection of the editing carried out by the Photographer.
The Photographer cannot be held responsibility for poor print quality if digital images are printed using a high street printing or online service.
Where images are made available for use on CD/USB reasonable steps are taken to ensure compatibility, but you acknowledge that such media may not play on all devices.
RETOUCHING
Images will be retouched as standard in line with Photography by Sarah’s signature style. Further retouching, digital manipulation and artist finishing is available to the Client as an optional extra and will be quoted on an individual basis. All requests must be made at the viewing stage and cannot be accommodated after products have been ordered.
OWNERSHIP
Digital files shall remain the sole property of the Photographer at all times.
All prints and products shall remain property of the Photographer until full payment is received,
COPYRIGHT
Any images or copies of images whether stored digitally or otherwise remain the copyright of the Photographer.
Clients for digital images purchased get a global personal use print license and social media license. This means you can print images at a place of your choosing, send images via email and use them on Facebook etc for NON COMERCIAL use.
Prints are a single item and when ordered can only be used or gifted by you and family and friends. You are not allowed to reproduce these and as such should you reproduce the image by scanning it this is classed as theft of artwork even for personal use.
Copying, screen-grabbing and printing from Facebook, the web or other Social Media platforms are all examples of breach of copyright.
The Client may not alter the image in any way without written permission from the Photographer.
CANCELLATION
Where the Photographer has to cancel the Session due to circumstances beyond their control, the full amount of the booking fee will be returned to the Client.
The Photographer shall not be liable to the Client for any failure, in whole or in part, to fulfill their obligations where failure arises as a result of an event or circumstances beyond their control which may include (but are not limited to equipment failure, inclement weather, illness or injury.
Where it is possible a re-shoot may be arranged however the Photographer will not be liable for any additional costs incurred by the Client.
In the event that the Session is cancelled by the Client the Photographer will retain the booking fee. If the Client wishes to reschedule the session, the Photographer will try to accommodate this request.
GENERAL
The Client remains responsible for children at all times. The Photographer retains the right to charge the Clients for any damage to the equipment which occurs as the result of unruly behavior, whether accidental or otherwise.
Should children, including babies, be un-cooperative and therefore limit the scope of the session beyond what the Photographer deems as workable they may suggest a re-shoot at an alternative time.
Print, product and digital image prices and packages are applicable to individual sessions only. One product may not be split over multiple sessions i.e. a package of digital images may only be selected from one session.
The Photographer cannot allow entry to additional persons above and beyond those specifically included within the session itinerary or those who are immediate caregiver i.e. Mum & Dad during a child’s session.