Note – For the purpose of this document Petra Photography shall be referred to as PP. 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 PP you enter into a contract and have therefore agreed to abide by the terms and conditions.
b) Booking fees are non refundable except in the event PP cancels the booking. If it is not possible to find an alternative date after mutual agreement, the booking fee will be refunded by PP.
3) RETURNS POLICY
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 PP for any reason. Should an image online be saved via any means, and used elsewhere without the written permission of PP, 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) FULFILMENT OF OBLIGATIONS
a) PP 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 PP’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 is more than 30 minutes late for a session without communication the session is cancelled and no refund will be given on any session fee paid. A full session fee will need to be paid to rebook.
6) CAKE SMASH SESSION
a) It is the clients responsibility to inform PP of any food allergy or intolerances the clients baby has prior to ordering the cake. PP 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 PP. By signing the Cake Smash contract you waive all rights to sue PP if any illness results due to lack of information given to PP by the client.
a) All images produced by PP are done on a fully calibrated monitor, and all prints will be a true reflection of the editing carried out by PP. PP 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 PP studio
b) All prices are subject to change without notice by PP. No consideration will be given to previous clients regarding product pricing, availability, package structure, or session fees.
a) Although PP 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.
9) IMAGE PRODUCTION AND HANDLING
a) Save as otherwise agreed between the Client and PP, PP 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, PP 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) PP fully edits all images before presenting to Client. Additional edits are carried out at the discretion of PP, and PP reserves the right to charge the Client for additional editing to cover time involved, at a rate as is signed on each price list 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 one month of the session without arrangement, PP will assume they are not wanted and will delete all files.
10) COPYRIGHT & REPRODUCTION
a) Copyright is retained by PP at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of PP. 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 PP’s written permission.
c) Permission to reproduce a picture is granted to the Client by PP only when a fee for the reproduction has been agreed with PP and an invoice has been issued by PP and paid in full by the Client to PP.
d) In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to PP 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 PP is personal to the Client and may not be assigned to any third party without PP’s prior written consent.
f) The Client will fully indemnify PP 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 PP’s prior written consent).
a) While PP 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.
12) RECEIPT OF PICTURES
13) COOLING OFF PERIOD
14) USE OF PICTURES
a) PP 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, PP 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.
16) 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.
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 PP.
PP 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
20) ONLINE GALLERIES