Terms and Conditions - Newborn Baby Photography Sutton Coldfield, Birmingham

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) HEALTH AND SAFETY

a) The Client is responsible for the children's safety during the photography session. The Client must therefore ensure that a responsible adult, other than the Photographer, is present at all times to supervise the children.

b) In the case of a Cake Smash/1st birthday session for which the Photographer is supplying the cake it is the responsibility of the Client to make CCP aware, at least 14 days prior to the photography session, of any relevant allergies that the child may have. In this event CCP will not supply the cake and instead the Client is responsible for supplying the cake and CCP will deduct £30 off the session cost.

3) BOOKING FEE AND PAYMENT

a) By booking with CCP the Client enters into a contract and therefore agrees to abide by the terms and conditions. CCP reserves the right to allocate sessions to other customers until a booking fee is paid to secure a session.

b) Booking fees taken are non refundable except in the event CCP cancels the booking.

c) The balance of payment is required on or before the session in cash or by bank transfer. CCP reserves the right to not proceed with the session or to withhold images if payment in full, cleared funds is not made.

4) 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 CCP for any reason. Should an image online be saved via any means, and used elsewhere without the written permission of CCP, 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.

5) FULFILLMENT OF OBLIGATIONS

a) CCP 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 CCP’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 session information, and therefore fails to carry out required preparations prior to a session, or fails to arrive promptly for a session, CCP will not be held responsible for any resulting reductions in quality or quantity of images supplied.

e) CCP will hold no liability in the event that the content and/or presentation of the images are not satisfactory to the taste of the Client.

6) IMAGES

a) Although CCP will do its best to produce more images than discussed with the Client there is no guarantee that any particular number of images will be produced.

7) IMAGE PRODUCTION AND HANDLING

a) Save as otherwise agreed between the Client and CCP, CCP 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 uncooperative children at a session of any kind, for any reason, CCP 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.

b) CCP edits images at CCP’s discretion before presenting to Client. Additional edits are carried out at the discretion of CCP, and CCP reserves the right to charge the Client for additional editing to cover time involved, at a rate of £15 per image.

8) COPYRIGHT & REPRODUCTION

a) Copyright is retained by CCP at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of CCP. This includes saving, screen grabbing and downloading from Facebook or other social media.

b) The Client may not alter or add to or manipulate an image by means of computer or any other technique or reproduce an image in whole or in part as an element within, or as a montage with, another image without CCP’s written permission.

c) Permission to reproduce an image is granted to the Client by CCP only when a fee for the reproduction has been agreed with CCP and an invoice has been issued by CCP and paid in full by the Client to CCP.

d) In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to CCP 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 an image granted by CCP is personal to the Client and may not be assigned to any third party without CCP’s prior written consent.

f) The Client will fully indemnify CCP against any unauthorised reproduction of an image 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 an image or a copy thereof to come into the possession of a third party without CCP’s prior written consent).

9) RECEIPT OF IMAGES

a) The images are presumed to have been received in good condition unless the Client notifies CCP in writing of any discrepancy or error within 14 days of receipt.

10) USE OF IMAGES

a) CCP retains the right in all cases to use the images in any manner at any time throughout the world for the purposes of sales, advertising or promotion of its work.

11) MODEL RELEASE

a) Unless specified in writing, CCP makes no claim or warranty as to the existence or validity of connected therewith model or other releases in respect of the images or as regards the reproduction by the Client of any names or trade marks depicted in the images. It is the Client who must satisfy himself that all necessary rights, releases or consents required for reproduction have been obtained.

12) 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.

13) 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 CCP.

IMAGES ARE KEPT FOR A SIX MONTH PERIOD AT THE DISCRETION OF CHARLOTTE CHRISTOPHER PHOTOGRAPHY.