The Client is a person who contacts the Photographer and pays the Photographer the deposit for a Photoshoot.
The photographer is Susan Wells of Bonnie Pictures.
1) APPLICABLE LAW
- The laws of Scotland shall govern this agreement. These Terms and Conditions shall not be varied except by agreement in writing.
- In the event of any conflict between these terms and conditions (including those relating to the time of payment) and those insured or submitted by the Client and in the absence of any contrary agreement in writing these Terms and Conditions shall prevail.
2) DEPOSIT
- By paying a deposit to the photographer you enter into a contract and therefore agree to abide by the terms and conditions.
- Deposits are taken to secure your photoshoot appointment and are non-refundable, except in the event that the photographer cancels the booking and if no suitable date can be arranged for the appointment.
- The deposit is part payment of the minimum package for the photoshoot you are booking i.e. The minimum Studio Newborn package is βPicture Perfect,β and the full cost is Β£285. By paying the deposit you are agreeing to pay the remaining balance to the photographer.
3) FULFILMENT OF OBLIGATIONS
- The Photographer shall not be liable to the Client for any failure, in whole or part, to fulfil their obligations where failure arises as a result of an event or circumstance beyond their control, which may include (but not limited to) equipment failure, inclement weather, illness or injury.
- The Client understands and accepts that the photographic coverage will be as the Photographer determines. Special requests are not binding instructions although every effort will be made to comply with the Clientβs wishes.
- In the unlikely event of total photographic failure or cancellation of the contract by either party or in any other circumstances, then 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.
- If the Client is more than 30 minutes late for a photoshoot without communication the photoshoot is cancelled, and no refund of deposit will be given. Another deposit will be required in order to rebook the photoshoot appointment.
4) MODEL RELEASE
- By paying a deposit and attending a photoshoot with the Photographer, the Client automatically gives the Photographer consent to photograph themselves and participating family members under the age of 16 whom they are legally responsible for, on the date of the photoshoot appointment.
- The Client also does so with the full knowledge that the Photographer maintains the legal copyright to all images produced at the photoshoot.
- The Client can request restrictions to use of images, for example on social media. It is the Clientβs responsibility to ensure that the Photographer is aware of their preferences.
5) COPYRIGHT & USE OF PICTURES
- The Photographer retains the rights, worldwide, to use the images produced by the Photographer, in any manner and by any means.
6) IMAGE PRODUCTION AND HANDLING
- The Photographer is entitled to use her 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 willingness of subjects, it may not be possible to capture all the pictures requested, or images to the Clientsβ full expectations. In the event of any uncooperative children at any photoshoot of any kind, for any reason, the Photographer may not be able to capture any, or all of the images the Client may have requested or expected. The Client is responsible for all children at all photoshoot appointments.
- No images can be bought by the client that are RAW files, straight out of camera, or low-resolution files. All files available to purchase as part of a package or additionally will be high resolution jpegs and will be delivered via an online gallery.
- Online galleries are only open for a limited time, at which point they will be archived by the Photographer for a period of time. The length of archive time is at the Photographers discretion.
7) COPYRIGHT & REPRODUCTION
- No image can be copied, scanned or reproduced in any way without the prior consent of the Photographer. This is including saving, screen grabbing and downloading from social media including, but not limited to, Facebook and Instagram.
- The Client may not alter, add to or manipulate any picture by any means, in whole or in part, without prior consent of the Photographer.
- Unauthorised reproduction of any image created by the Photographer is a breach of copyright law and will be fined and/or prosecuted.
- It is illegal to attempt to download or attempt to remove a watermark from any image taken and posted online by the Photographer for any reason. Should an image online be saved via any means, and used elsewhere without written permission from the Photographer, whether the watermark has been removed or not. A copyright infringement fee of Β£1000 per image will be applied to avoid court action and must be paid within 28 days.
8) PRINTS & PRODUCTS
- The Photographer offers the option to purchase prints and other products from the Photographer via a Professional Photography Lab. The Photographer is not responsible for the quality pf prints and products produced by any other lab that the Client may choose to use.
9) RECEIPT OF PRODUCTS
- Any product ordered by the Photographer at the request of the Client are presumed to be received in good condition unless the Client notifies the Photographer, in writing, of any discrepancy or error within 14 days of receipt.
10) COOLING OFF PERIOD
- There is a 14-day cooling off period where the client may cancel their booking from the day the Photographer acknowledged receipt of deposit. However, the deposit is still non-refundable, though the Client is no longer considered in Contract with the Photographer to pay the remainder of the minimum package for the photoshoot the Client had booked.
- There is no cooling off period for the Client in the matter of product ordering. Once an order is agreed by the Client, and thus placed by the Photographer, the full cost must be paid. No refunds or exchanges are possible once the Photographer has placed the order.
11) RETURNS POLICY
- Any products incorrectly supplied or those found to be of poor quality can be returned to the Photographer and replaced with no extra charge to the Client.
- The returns policy is not applicable to any product incorrectly ordered by the Client.
12) CAMERA POLICY
- Cameras, camera phones, camcorders or any other recording device are not permitted during any photoshoot by the Client, unless otherwise agreed by The Photographer.
- Behind-the-scenes filming and photography by the Clients and/or Clientsβ guest must abide by the strict rule of including the set up and/or photographer in order to capture the experience of the photoshoot as opposed to an attempt to replicate the images being taken by the Photographer.
13) PRIVACY POLICY
- The Photographer will never share, or allow to be accessed, shared or distributed any personal client information to anyone that is not necessary in providing the Client experience or product. For example, it is necessary to provide the Clientβs name and address to the photographic laboratory producing the Client product in order for it to be delivered to their home.
- The full Privacy Policy can be found on this page. https://www.bonniepictures.com/privacy-policy/