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) SESSION FEE
a)The session fee covers the photographers time and talent only. The session fee does not include any further digital images or products. The remaining session fee is due at the time of the session, this can be paid by card or cash. The photographer is not responsible for the client not reading the prices and terms before booking. All information is on the website for the client to see and nothing is hidden. No money should be refunded in the case of the client not reading the information prior to booking.
3) BOOKING FEE (Also known as a deposit payment)
a) £20 booking fee is required at time of booking (£30 for cake smash sessions and £10 for standard studio sessions), this secures your session. The booking fee will be taken off the final session amount and no slot is saved or secured without the booking fee being paid. Until the booking fee is paid, your booking is not secure and the photographer reserves the right to book anyone else in for the certain slot.
b) Booking fees taken for sessions are non refundable except in the event of Veronica Peryt Photography (VPP)/Sleepy Munchkins Newborn Photography )SMP cancelling the booking. Except exceptional circumstances solely as a result of bereavement.
c) If you child is ill before the session, 48 hours notice is required and the session will be rearranged once at no charge. Failure to notify photographer of not being able to attend the session will result in the remaining session fee being charged. Should you wish to rebook another session after a 'no-show' and not notifying the photographer, the booking fee is to be paid again to hold another session slot.
4) PRICE OF PRODUCTS
a) Upon booking a session with Veronica Peryt Photography/Sleepy Munchkins Photography a link to a full price list of products is sent to the Client. The price list is also accessible to the general public on the website under the 'products' section. It is presumed every Client is in receipt of and has read the price list, Veronica Peryt Photography cannot be responsible for Client's failure to read price list prior to the session.
b) Pricing of products is subject to change at any time without notice. Product pricing is valid from the day of your session until making your final order.
5) FULLFILMENT OF OBLIGATIONS
a) VPP/SMP 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. In the unlikely event of total photographic failure or cancellation of the contract by VPP/SMP liability shall be limited to a full refund of all monies paid.
b) The Client understands and accepts that the photographic coverage will be as VPP's/SMP'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 fails to read the supplied messaged with preparatory information, and therefore fails to carry out required preparations prior to a newborn session, VPP/SMP will not be held responsible for any resulting reductions in quality or quantity of images supplied.
4) PRINTED PRODUCTS
a) All images produced by VPP/SMP are printed on a fully calibrated monitor, and all prints will be a true reflection of the editing carried out by VPP/SMP. VPP/SMP will not be held responsible for variances in images caused by clients viewing images on non calibrated screens or monitors.
5) DIGITAL ORDERS
a) The USB/disc is a method of delivering the files to you and isn't intended as permanent storage. It is solely Client's responsibility to back up the images and make enough copies for the images to be stored safely. VPP/SMP cannot be held responsible for loss of images due to failure to care for USB/disc or misplacement and loss of disc/USB or failure and/or back up images.
b) VPP/ SMP can only guarantee that when the USB/disc leaves the studio it is in perfect working order and expect any technical issues to be addressed to VPP within 48 hours. After this time VPP/SMP cannot be held liable for complications with the USB that may or may not be caused by Client's computer hardware.
c) VPP/SMP cannot be held responsible for client printing their own images, VPP/SMP cannot be held liable for images looking a different colour, crop etc. When prints and products are ordered from VPP/ SMP provides the highest quality print on professional paper and high quality products ordered from a lab with colours calibrated to the photographer's screen, and images are presented at their best.
6) ARTISTIC INPUT
a) VPP/SMP 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 poses, props and number of images taken. Due to 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, VPP/SMP 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) Images are fully edited before presenting to Client. Additional edits requested by client after viewing their photos are carried out at the discretion of VPP/SMP, and VPP/SMP reserves the right to charge the Client £15 per image for additional editing to cover time involved.
7) COPYRIGHT AND REPRODUCTION
a) Copyright is retained by VPP/SMP at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of VPP/SMP. 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 VPP's/SMP's written permission. Permission to reproduce a picture for personal use (not commercial) is granted to the Client by VPP/SMP only when digital images are purchased and paid in full by the Client to VPP/SMP. A print release form (printing rights) will be supplied with the client's digital images when purchasing a USB of the digital images from VPP/SMP.
b) In the event of unauthorised reproduction (scanning of prints to reproduce images or printing watermarked images from the online gallery), the Client shall pay by way of liquidated damages to VPP/SMP an unauthorised use fee of £100 per image, or double the standard reproduction fee for the use concerned, whichever is the greater.
7) USE OF PHOTOGRAPHS
a) VPP/SMP retains the right in all cases to use any pictures for the purposes of displays, advertising, portfolio, social media, publication or promotion, of its work upon the client signing the model release form. Should consent not be given, VPP/SMP will not use the images for personal and business purposes (advertising, samples, social media, competition) but the images will be stored by the business, solely for the client and not personal use by the photographer.
8) STORAGE OF DATA AND IMAGES
a) By signing this contract, the client agrees for VPP/SMP to store their data (including but not limited to home address and e-mail address) on paper in the client's order forms and in the online admin system 17Hats and Big Cartel which are used for all bookings. This data will not be used in any way that doesn't comply with the data protection laws. It is solely for the photographer to use in order to contact the client when needed. The data will not be used for marketing purposes unless the client physically opts in for e-mail/postal advertising and marketing.
b) The client agrees for the photographer to store their images on the photographer's computer, any external hard drives and online back up storage systems including but not limited to live drive.
9) COOLING OFF PERIOD
a) All portraits, books, digital images, albums, frames, prints 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 VPP/SMP you are committing to buy the ordered products.
10) RETURNS POLICY
a) Incorrectly supplied items 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.
11) DELETED IMAGES
a) All non-purchased images are deleted after you have made your order.
12) PROOFS
a) There is no guarantee that any particular number of proofs will be produced. Proofs will be available for your viewing appointment and order session within 3-4 weeks of the session. As creative artist, VPP/SMP will aim to select 20-30 images for your online gallery. VPP/SMP is not obligated to provide the client with any images that are not already presented to them. Client is responsible for viewing their images in their own time. For all orders, payment is due in full at time of order. No orders are made unless they are fully paid for. All portrait orders are final and cannot be changed or refunded for any reason.
13) PHOTOGRAPHY AND VIDEOGRAPHY BY CLIENT
a) Cameras, mobile phone cameras and camcorders are not permitted during any session to take photos or video of the set up and/or the child on their own.
14) 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.
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) SESSION FEE
a)The session fee covers the photographers time and talent only. The session fee does not include any further digital images or products. The remaining session fee is due at the time of the session, this can be paid by card or cash. The photographer is not responsible for the client not reading the prices and terms before booking. All information is on the website for the client to see and nothing is hidden. No money should be refunded in the case of the client not reading the information prior to booking.
3) BOOKING FEE (Also known as a deposit payment)
a) £20 booking fee is required at time of booking (£30 for cake smash sessions and £10 for standard studio sessions), this secures your session. The booking fee will be taken off the final session amount and no slot is saved or secured without the booking fee being paid. Until the booking fee is paid, your booking is not secure and the photographer reserves the right to book anyone else in for the certain slot.
b) Booking fees taken for sessions are non refundable except in the event of Veronica Peryt Photography (VPP)/Sleepy Munchkins Newborn Photography )SMP cancelling the booking. Except exceptional circumstances solely as a result of bereavement.
c) If you child is ill before the session, 48 hours notice is required and the session will be rearranged once at no charge. Failure to notify photographer of not being able to attend the session will result in the remaining session fee being charged. Should you wish to rebook another session after a 'no-show' and not notifying the photographer, the booking fee is to be paid again to hold another session slot.
4) PRICE OF PRODUCTS
a) Upon booking a session with Veronica Peryt Photography/Sleepy Munchkins Photography a link to a full price list of products is sent to the Client. The price list is also accessible to the general public on the website under the 'products' section. It is presumed every Client is in receipt of and has read the price list, Veronica Peryt Photography cannot be responsible for Client's failure to read price list prior to the session.
b) Pricing of products is subject to change at any time without notice. Product pricing is valid from the day of your session until making your final order.
5) FULLFILMENT OF OBLIGATIONS
a) VPP/SMP 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. In the unlikely event of total photographic failure or cancellation of the contract by VPP/SMP liability shall be limited to a full refund of all monies paid.
b) The Client understands and accepts that the photographic coverage will be as VPP's/SMP'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 fails to read the supplied messaged with preparatory information, and therefore fails to carry out required preparations prior to a newborn session, VPP/SMP will not be held responsible for any resulting reductions in quality or quantity of images supplied.
4) PRINTED PRODUCTS
a) All images produced by VPP/SMP are printed on a fully calibrated monitor, and all prints will be a true reflection of the editing carried out by VPP/SMP. VPP/SMP will not be held responsible for variances in images caused by clients viewing images on non calibrated screens or monitors.
5) DIGITAL ORDERS
a) The USB/disc is a method of delivering the files to you and isn't intended as permanent storage. It is solely Client's responsibility to back up the images and make enough copies for the images to be stored safely. VPP/SMP cannot be held responsible for loss of images due to failure to care for USB/disc or misplacement and loss of disc/USB or failure and/or back up images.
b) VPP/ SMP can only guarantee that when the USB/disc leaves the studio it is in perfect working order and expect any technical issues to be addressed to VPP within 48 hours. After this time VPP/SMP cannot be held liable for complications with the USB that may or may not be caused by Client's computer hardware.
c) VPP/SMP cannot be held responsible for client printing their own images, VPP/SMP cannot be held liable for images looking a different colour, crop etc. When prints and products are ordered from VPP/ SMP provides the highest quality print on professional paper and high quality products ordered from a lab with colours calibrated to the photographer's screen, and images are presented at their best.
6) ARTISTIC INPUT
a) VPP/SMP 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 poses, props and number of images taken. Due to 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, VPP/SMP 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) Images are fully edited before presenting to Client. Additional edits requested by client after viewing their photos are carried out at the discretion of VPP/SMP, and VPP/SMP reserves the right to charge the Client £15 per image for additional editing to cover time involved.
7) COPYRIGHT AND REPRODUCTION
a) Copyright is retained by VPP/SMP at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of VPP/SMP. 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 VPP's/SMP's written permission. Permission to reproduce a picture for personal use (not commercial) is granted to the Client by VPP/SMP only when digital images are purchased and paid in full by the Client to VPP/SMP. A print release form (printing rights) will be supplied with the client's digital images when purchasing a USB of the digital images from VPP/SMP.
b) In the event of unauthorised reproduction (scanning of prints to reproduce images or printing watermarked images from the online gallery), the Client shall pay by way of liquidated damages to VPP/SMP an unauthorised use fee of £100 per image, or double the standard reproduction fee for the use concerned, whichever is the greater.
7) USE OF PHOTOGRAPHS
a) VPP/SMP retains the right in all cases to use any pictures for the purposes of displays, advertising, portfolio, social media, publication or promotion, of its work upon the client signing the model release form. Should consent not be given, VPP/SMP will not use the images for personal and business purposes (advertising, samples, social media, competition) but the images will be stored by the business, solely for the client and not personal use by the photographer.
8) STORAGE OF DATA AND IMAGES
a) By signing this contract, the client agrees for VPP/SMP to store their data (including but not limited to home address and e-mail address) on paper in the client's order forms and in the online admin system 17Hats and Big Cartel which are used for all bookings. This data will not be used in any way that doesn't comply with the data protection laws. It is solely for the photographer to use in order to contact the client when needed. The data will not be used for marketing purposes unless the client physically opts in for e-mail/postal advertising and marketing.
b) The client agrees for the photographer to store their images on the photographer's computer, any external hard drives and online back up storage systems including but not limited to live drive.
9) COOLING OFF PERIOD
a) All portraits, books, digital images, albums, frames, prints 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 VPP/SMP you are committing to buy the ordered products.
10) RETURNS POLICY
a) Incorrectly supplied items 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.
11) DELETED IMAGES
a) All non-purchased images are deleted after you have made your order.
12) PROOFS
a) There is no guarantee that any particular number of proofs will be produced. Proofs will be available for your viewing appointment and order session within 3-4 weeks of the session. As creative artist, VPP/SMP will aim to select 20-30 images for your online gallery. VPP/SMP is not obligated to provide the client with any images that are not already presented to them. Client is responsible for viewing their images in their own time. For all orders, payment is due in full at time of order. No orders are made unless they are fully paid for. All portrait orders are final and cannot be changed or refunded for any reason.
13) PHOTOGRAPHY AND VIDEOGRAPHY BY CLIENT
a) Cameras, mobile phone cameras and camcorders are not permitted during any session to take photos or video of the set up and/or the child on their own.
14) 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.
