Terms & Conditions
In the following Terms and Conditions:
“Business” shall mean Theresa Kids Photography
“Client(s)” shall mean “You” the Parties to the Contract;
“Event” shall mean the Event title (Session type) inserted into the Contract;
“Photographer” shall mean Theresa Kids Photography
“Products” shall mean any discs, digital files, prints, albums or other items listed in the Contract;
“Services” shall mean photography to be carried out at the Event and any other Services agreed between the Client(s) and the Photographer and set out in the Contract;
It is agreed that the following terms and the Contract set out the entire agreement made between the parties, and that no variation or modification of the contract shall be effective unless agreed by both parties in writing. Each party acknowledges that, in entering into the contract, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in the Contract and these Terms & Conditions.
The Photographer will confirm the Event, Date, Time, Services upon receipt of cleared funds in respect of the Booking Fee.
All payments must be received in cleared funds prior to the Event.
Following payment of the Booking Fee, the balance of fees due is to be paid when placing the order for Products. There is a minimum purchase of £250, which corresponds to the ‘Bronze Package’ in Theresa Kids Photography’s price list.
Failure to make payment by the dates stipulated may result in cancellation.
Payment can be done via cheque, BACS or PayPal.
No Products will be delivered until all payments have been received in full in cleared funds.
Where payment is to be made by a third party, the Parties acknowledge that they shall remain responsible for any balance outstanding in respect of the Contract.
License and Coverage:
The Photographer shall be granted artistic license in relation to the poses photographed and the locations used. Although every effort will be made to comply with the Clients’ requirements, the Photographers’ judgement regarding the location, poses and number of photographs taken shall be deemed correct and not subject to dispute.
Whilst the Photographer shall endeavour to fulfil the Clients’ requirements, the Photographer cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings, preventing the coverage of certain specified shots.
Any alterations made to this Contract by the Clients once details have been confirmed may only be made at the discretion of the Photographer and should be agreed in writing.
Use and Display of Images
The Clients hereby allow the Photographer to display any images relating to the Contract and to generally promote the Business in the Photographer’s portfolio and by means of advertising, publicity material, websites, exhibitions, competitions, social media, magazine articles, and other such media, providing that the images are used lawfully and without damage to the Client(s). By signing this contract you consent to the use of such images. Images placed in password protected galleries within the website are not available to the general public in the normal course of events. Other than via the password protected gallery the photographer agree not to resell any image to a third party other than with prior written consent.
Image and Reproduction
All print and presentation sizes quoted are approximate and subject to change at the discretion of the Photographer and may be subject to slight variation. Whilst every effort will be made, the Photographer cannot guarantee exact colour matching and is not held responsible for any colour variations which may occur due to light and location variations.
Due to limitations of computer monitors and variations of computer operating systems, it is understood that images viewed via this method may appear differently according to the specification of each monitor/computer and that prints may not match images rendered on any particular computer monitor.
All images have been retouched and edited according to the Photographer’s style. If Client wishes additional retouching, digital manipulation and artist finishing, this can be done at an extra charge of £30 per hour. The Photographer reserves the right to reject a request for additional retouching/editing.
In the event a product (such as an album) is no longer available a suitable alternative of similar quality will be offered. The photographers’ choice of an alternative will be deemed as correct and acceptable to the Client(s). Any surcharge resulting from the order of a new product following rejection of a replacement will be the responsibility of the Client(s).
Due to the nature of the products, the Photographer is unable to exchange or refund any products. In the event that photographic materials are damaged in processing, the Photographer will offer to reshoot at no extra cost to the client, but shall have no further liability of losses, including consequential losses, incurred by the client.
Any negatives and/or digital files shall remain the sole property of the Photographer at all times. Negative files shall be kept by Theresa Kids Photography for no less than six months form the Event date. Should negative files be lost, damaged or destroyed beyond the control of the Photographer then liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund of goods already received.
The photographer will choose the best images from the session, and a minimum of 20 fully edited images will be available for viewing online. All presented images are selected at the Photographer’s discretion, and the Photographer reserves the right to edit and release only the images that meets the artistic standards. Once this selection has been made any remaining images will be deleted.
Theresa Kids Photography will never provide RAW files to Client under any circumstances. The client shall only receive files in JPEG format.
All digital files, completed albums and products shall remain the property of the Photographer until full payment is received.
Copyright and licensing notice
The Images that you purchase are licensed to you for any reasonable personal use, including printing, copying, emailing, and web publishing. Your license does not include use that result in financial gain, including but not limed to: advertising, stock photography, print sales profits, or release of any nature.
Your purchase of any original files releases Theresa Kids Photography from any liability due to loss or damage of the images, and it also releases Theresa Kids Photography from any obligation to maintain copies of any digital files or photograph. You hereby grant Theresa Kids Photography the right to use and publish images and photographs taken at your photo session to further promote its services, including portfolio, web site, display, advertisement, and editorial use.
Any images or copies of images whether stored digitally or otherwise on any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988 and remain the copyright of Theresa Kids Photography at all times unless there is express written agreement to the contrary.
Insurance & Limitation of Liability
The Photographer will maintain Public Liability and Professional Indemnity insurance at all times. However, in the unlikely event of a total photographic failure or cancellation of this Contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the Contract.
Neither party shall be liable for any indirect or consequential loss.
The due performance of this contract is subject to alteration or cancellation due to a Force Majeure Event. A Force Majeure Event means an event beyond the control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, and includes, without limitation, sudden illness, acts of God, storms, floods, riots, fires, sabotage. For the avoidance of doubt, it does not include circumstances where the Photographer attend an Event to perform the Services and any of the Parties fail to attend.
Where the Photographer has to cancel the Event, due to circumstances beyond his/her control the full amount of the Booking Fee and any further payments received will be returned to the Client.
If Client wishes, a re-shoot may be arranged at the Photographer’s first available date. However, the Photographer will not be responsible or liable for any additional costs incurred by the Client(s).
Should the Client wish to cancel this contract at any time, Notice of Cancellation must be given in writing to the Photographer. The booking fee is non-refundable if Client cancels the Event.
In the event that a Client wants to postpone until a later date, the postponement will be treated as a cancellation. If the cancellation happens more than one week prior to the Event, and if the photographer can accommodate a new date, a 50% allowance of the amount due will be transferred to that new date and a new contract will be commenced.
If Client is more than 45 minutes late for an Event, the Photographer reserves the right to cancel the session. In this case the booking fee is non-refundable and non- transferrable to future events.
All complaints should be raised by the Client directly to the Photographer in writing within 14 days of the occurrence which gives rise to the complaint. The Photographer will consider the complaint and shall provide a response to the Client within 14 days of receipt of the Complaint. In the unlikely event of an unresolved complaint the Client may request the Guild of Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.
Accidents and Incidents
The Photographer is not liable for any accidents incurred to Client(s) before, during or after the Event. The photo studio is not proofed for child safety and parents are fully responsible for their children and themselves during both studio sessions and outdoor sessions.
The Client must ensure that there is a responsible adult, other than Theresa Olesen, present at all times to supervise the children during the photo shoot.
The Photographer reserves the right to reject a poses suggested by Client(s) if the Photographer deems that pose unsafe.
The Photographer reserves the right to end the session without warning or compensation in case of verbal and/or physical abuse.
The parties irrevocably agree any dispute arising out of this contract shall be governed and construed in accordance with English Law and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.