Terms and Conditions - Studio, Baby and Family Photography
Note – For the purpose of this document Jenna Meeking Photography Ltd. shall be referred to as JMP. The visitor to the site or the individual (whether representing an organisation or not) who books a photoshoot or 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 JMP you enter into a contract and have therefore agreed to abide by the terms and conditions.
b) Booking fees taken for newborn, baby, cake smash and portrait sessions are non refundable except in the event JMP cancels the booking. lf a booking is made online, and no suitable date can be arranged for the chosen session after consultation, then a refund will be given.
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 JMP for any reason. Should an image online be saved via any means, and used elsewhere without the written permission of JMP, whether the copyright has been removed or not, a copyright infringement fee of £1,000 per image will be applied to avoid court action, and must be paid within 28 days.
5) FULFILMENT OF OBLIGATIONS
a) JMP 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 JMP’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.
e) 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) PURCHASING THE CAKE
It is the clients responsibility to purchase the cake to avoid any mishaps with food allergies or intolerances. JMP will not be held liable for any adverse effect or illness the baby may suffer as a result of an allergy. By paying the booking fee you are agreeing to waive all rights to sue JMP if any illness occur as a result.
a) All images produced by JMP are done on a fully calIbrated monitor, and all prints will be a true reflection of the editing carried out by JMP. JMP 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 JMP studio
b) All prices are subject to change without notice by JMP. No consideration will be given to previous clients regarding product pricing, availability, package structure, or session fees.
a) Although JMP will do 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) JMP shall be entitled to use 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 varieties 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, JMP 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) JMP fully edits all images before presenting to Client. Additional edits are carried out at the discretion of JMP, and JMP reserves the right to charge the Client for additional editing to cover time involved, at a rate of £25 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.
10) COPYRIGHT & REPRODUCTION
a) Copyright is retained by JMP at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of JMP. 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 JMP’s written permission.
c) In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to JMP an unauthorised use fee of £1000 per image, or double the standard reproduction fee for the use concerned, whichever is the greater.
c) The right to reproduce a picture granted by JMP is personal to the Client and may not be assigned to any third party without JMP’s prior written consent.
f) The Client will fully indemnify JMP 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 JMP’s prior written consent).
a) While JMP 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 ORDERS
a) Any product orders are presumed to have been received in good condition unless the Client notifies JMP in writing of any discrepancy or error within 14 days of receipt.
13) COOLING OFF PERIOD
a) There is a 14 day cooling off period where Client many cancel any booking from the day JMP acknowledges receipt of the booking fee.
b) Because of the bespoke nature of photography, and because the supply of the photographs has been 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, refund or exchange on products of any kind once the order has been placed.
c) By placing an order with JMP you are committing to buy the ordered products.
14) RETURNS POLICY
a) Incorrectly supplied items and items of poor quality (deemed by JMP) can be returned and will be replaced at no extra charge to the Client.
b) Faulty items should be posted to Jenna Meeking Photography Ltd. 43 Leeds Road, Ilkley, LS29 8DP. The Client is responsible for any costs associated with return postage.
c) Returns will not be considered for incorrectly ordered items or items ordered in error.
d) No return, exchange or refund is available on any item once the image proof has been approved, and an order placed.
e) The client understands they cannot get a refund for any digitally bought images once the client has access to their gallery.
15) USE OF PICTURES
a) JMP 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.
16) MODEL RELEASE
a) Unless specified in writing, JMP 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.
17) 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.
18) 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 JMP.
JMP 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.
22) GIFT VOUCHERS
a) Gift vouchers purchased from JMP are only valid for 12 months from date of purchase.
b) Gift vouchers cannot be exchanged for cash and are non transferable. No refunds will be given.
23. PERSONAL ACCIDENT
a) Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be said at the persons own risk.
b) The photographer cannot be held responsible for any personal accidents during a photographic shoot.
25. GENERAL DATA PROTECTION REGULATIONS (GDPR)
From the 25th May 2018 new GDPR laws will apply. They are as follows:
By giving me your email (i.e. filling out the enquiry form) you agree I can contact you regarding your enquiry and send you photography related marketing material. You may opt-out at any time. You can ask for your data to be deleted or you can ask for a copy of the data held to be given to you.
25b. Forgotten clause
You have the right to be forgotten i.e. all of the information I have on you will be totally and utterly deleted from all current systems and previous backups. It can also include erasing your images, including backups. Your details and images will be kept on record unless otherwise requested.
25c. Third party consent
The photographer does not give permission to any third party organisations to use the images unless otherwise agreed in writing from the clients and a licence bought from the photographer.
25d. Right to withdraw
By agreeing to these terms and conditions you are giving your consent for your images to be used for marketing purposes.The clients have the right to withdraw their consent at any time (please do so in writing).
25e. Selling to third parties
Under no circumstances will your personal data (e.g. email, phone or home address) be sold to any third parties and all of your information will be stored on a password protected database.
26. PHOTOGRAPHER CANCELLATION
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.
26. GOVERNING LAW
This agreement shall be governed in accordance with the laws of England and Wales.
27. BINDING AGREEMENT
I, the Contracting Party, confirm that I have read the herein agreement prior to its execution and I understand the contents thereof. I understand, once the booking fee has been made, this agreement shall be binding.