This is an agreement contract. The client is known for the purposes of this Agreement as “CLIENT,” and Tiny World Photography, known for the purposes of this Agreement as PHOTOGRAPHER. CLIENT and PHOTOGRAPHER agree to the following:
1. It is understood that PHOTOGRAPHER is the exclusive official photographer retained to perform the photographic services requested on this Contract.
2. No part of any order will be delivered until the balance is paid in full.
3. The client will pay the photographer a non-refundable deposit fee of £50.00 after receiving and filling out the client questionnaire/contract to hold their slot. The deposit and client questionnaire/contract are due within 48 hours of receiving them. For all last minute bookings, Deposits are due the same day as booking (unless stated and agreed otherwise) The deposit will go towards the client’s session. The remaining fee must be paid in total the day of the session.
4. Digital processing of the entire gallery of digital images will be available within 4-6 weeks following the Event. The Client will be notified via email and/or text when the images are ready for delivery or collection. All images will be delivered through an online gallery that can be downloaded via computer or mobile, shared with friends and family. If the PHOTOGRAPHER is ill or failure of Equipment, the images could take longer.
5. The charges in this Contract are based on Tiny World Photography Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
6. The parties agree to cheerful cooperation and communication for the best possible result within the definition of this session. PHOTOGRAPHER is not responsible if key individuals fail to appear or cooperate during photo sessions or for missed images due to details not revealed to PHOTOGRAPHER.
7. Client understands that when publishing photos on websites, i.e. personal website, Facebook, etc., client will not edit the photos in any way, i.e.editing the watermark, cropping, filters, etc.
8. Photographer reserves the right to use negatives, RAW images, edited images and/or reproductions for advertising, display, publication or other purposes, not restricted to use on the web, Facebook, business cards, or posters.
– RESCHEDULING & CANCELLATION
9. Upon payment of the session fee, the Photographer reserves the time and date agreed upon and will not make other reservations for that time and date. For this reason, the session fee is non-refundable, even if the photo-session is cancelled for any reason. In the event of sickness, every effort will be made to reschedule the session for another time that is convenient for both parties. Sessions can only be rescheduled one time within 30 days at no cost.
If the baby fails to co-operate during the session, PHOTOGRAPHER cannot be held responsible and is not obliged to reschedule the session. Please make sure you prepare in advance to achieve maximum results.
Should you need to reschedule your session then just give me a ring on my number 07565121378and provided that you have given 48 hours’ notice we can reschedule without any additional cost. The exception to this 48 hour notice period is illness. If anybody is ill on the day of your session, please don’t come! Sick people aren’t going to be feeling or looking their best and I want to create pictures that you’ll absolutely fall in love with, so it’s much better to reschedule than to just push on regardless. If you reschedule within this 48 hour notice period, for any reason other than illness, then your entire booking and/or session fee would be forfeit and another booking and/or session fee would become due. Session fees are non-refundable in their entirety, including any credit towards your order. If you cancel within 48 hours of your booking, or just don’t show on the day, the entire session and/or booking fee will be forfeit. If we have to cancel the session for reasons beyond our control (death, injury, sickness, etc.), our liability shall be limited to a full refund of all monies paid. If the appointment has to be cancelled due to adverse weather conditions a new, mutually-agreed appointment will be made.
If you have a sick child on the day of the session please call to reschedule. If you try to keep the appointment, we will most likely request that you reschedule if we notice your child is sick. You will lose your deposit and will have to pay the session fee again. Sick or uncomfortable children do not like to be photographed and we know that you will not love your portraits nearly as much as if he or she was in good health. There is also a risk of passing on illnesses and I work with Newborns almost everyday – so it won’t be fair if I became ill & then passed this on to the precious little babies.
Cake smash clients please book in a slot after your baby nap. Newborn clients please follow the prep guide emailed to you upon baby arrival.
10. If an illness or situation prevents a photo session from taking place, client may reschedule their session at least 24 hours prior to their shoot without penalty. Should client fail to give 24 hours notice, or decide to completely cancel the shoot, the session fee is still required. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
-LIMIT OF LIABILITY
11. If for any reason CLIENT is not entirely satisfied, please communicate with PHOTOGRAPHER immediately so the issue can be resolved.
12. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of PHOTOGRAPHER.
13. It is agreed that dual ownership of the purchased digital files will be maintained by the Client and the Photographer. Upon delivery of the digital files to Client’s physical control, the client shall gain personal non-commercial rights to the purchased images. It is also agreed that the Photographer will have full rights to use all images for advertising purposes. The Photographer does NOT guarantee archival of the digital files past a period of six months after the session/event date and will not be held responsible if loss occurs.
14. Images are edited at the PHOTOGRAPHER’s discretion, and delivered prints may not include all images shot. PHOTOGRAPHER reserves the creative right to edit and release only those deemed creditable as professional in quality and within the PHOTOGRAPHER’s artistic standards. Please Note, when stated you receive ALL Images, this does not mean literally all the images. PHOTOGRAPHER will take 100+ Shots but may end up with anything between 20-40 after culling and choosing Images which best reflect the style & business. RAW and unedited (digital negatives) files will not be released to CLIENT. Files that will be released will be in jpeg format as outlined within collection purchased if files are included in the purchased collection. Note that the PHOTOGRAPHER uses his/her professional judgment to take certain photos in black and white format in camera – meaning no color images of these files would be available. If a color photo has been turned into a black and white image, you will receive both color and black and white format of said photo, otherwise, if you only receive a black and white image, that means it was taken that way in camera and no color version is available.
15. While PHOTOGRAPHER will make every reasonable effort to take photos that may be specifically requested by CLIENT, CLIENT understands that due the vagaries of the weather, available light, time restrictions, and willingness of subjects, PHOTOGRAPHER cannot possibly guarantee that requested photos will be taken and no specific pose or photograph can be promised and PHOTOGRAPHER will not be responsible for any missed moments. Due to the limited and subjective nature of the event PHOTOGRAPHER cannot be held responsible for requested photographs not taken, compromised, or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by location restrictions, the lateness of contracting parties, or other principles, or the rendering of decorations of the location. PHOTOGRAPHER is not responsible for existing backgrounds or lighting conditions which may negatively impact or restrict the photography coverage. It is acknowledged that any requests submitted to PHOTOGRAPHER will be used for organizational purposes only and in no way represents photography that will actually be produced. PHOTOGRAPHER will do her best to fulfill all requests but can make no guarantees all images will be delivered. CLIENT is responsible for all location fees and permits.
16. This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties.