1. It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
2. Booking Fee The Booking Fee of £15.00 may be made by Paypal online money bank transfer (preferred), or by cash, and secures the time and services of the Photographer(s) for the portraits and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the Photographer due to cancellation. All cancellations must be in writing. Portraits that are postponed to a later date will retain the fee as long as the Photographer can re-schedule for the new date and time.
3. Payments Following payment of the Booking Fee, the balance of £50 is due 1 day prior to the session. No Photographs, Albums, USB Memory Stick or Additions will be delivered until all payments due have been paid in full. Payment for Reprints, Acrylic Panels, Canvas Prints, or other Additions is to be made in full at the time of ordering.
4. Prices All prices are as at the time of signing the Contract, but in the event that changes arise that are outside the Photographer(s) control, for instance but not exclusively, the costs of Prints, Additions, Travel and Subsistence, then we will inform the Client of such within 21 days.
5. Photographer(s) The Principal Photographer will be Andrea Muscroft. She will be the ONLY stills Photographers allowed to attend for financial gain.
6. Images All image sizes are nominal. The Photographer will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibers. It is sometimes impossible to record digitally the exact colour as seen by the human eye.
7. Creative Licence the Photographer(s) shall be granted artistic licence in relation to the poses photographed. The style and the number of photographs is also dependent on the willingness of the newborn. The Photographer(s) will make their best effort to honour requested photographs but does not undertake a guarantee for any specific picture.
8. Display the Photographer may display any photographs included in this contract in his studio, web site, portfolio, literature, display areas, exhibitions, competitions, advertising or slide shows, unless expressly denied in writing by the Client.
9. Reorders All Reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing.
10. Copyright Any images or copies of images whether stored digitally or otherwise and 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. It is contrary to the Act to copy or allow to be copied photographically, electronically or by any other means an image created as part of this contract without the permission of The Photographer(s) in writing. Negatives/Digital files remain the property of The Photographer(s).
11. Licensed Images Images supplied by us on a USB Memory Stick as High Resolution jpeg format digital files will be suitable for printing up to size 6x4 or 9x6 inches They are licensed to you for sharing or displaying electronically with Family and Friends, and for printing.
12. Third Party Printing Andrea Muscroft Photography cannot accept any responsibility or liability for colour balance or quality of any Prints reproduced from the USB Memory Stick that we supply by Third Party Printers such as High Street photo processing shops.
13. Limitation of Liability 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 indirect or consequential loss.
14. Force Majeure (Act of God) The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.
15. Cancellation The Client may cancel this contract at any time by giving written notice to The Photographer(s), but in doing so shall forfeit any monies paid. Cancellation less than 48hrs before the newborn session will result in the payment in full.
16. Complaints Any complaints should first be raised by the Client with the Photographer in writing within 21 days from the date of receipt of images.
17. Country of Jurisprudence This Contract is made under, and subject to, English Law. I have read, understood and accept all 3 pages of this contract:
products and ordering
5 ) The Gallery images will be available approximately 2 weeks after your Session.
6 ) Once you place an order for prints and products, no refunds or exchanges are offered. Due to the custom nature of our products, they are sold “as-is” without warranty of any kind. Once you place an order, it may not be modified or canceled. If an item arrives damaged, you must notify us in writing within 48 hours of its receipt. Certain color and tonal variation occur with all products, and color may fade over time.
7 ) Creative privilege: As the artists, we use our artistic discretion to carefully select the final images, as well as the editing (including cropping in final prints and products). We do not release raw, unedited images, since these are not considered to be a finished product. Additional editing is billed separately.
8 ) For details and pricing of our prints and products, please visit the PRICING section of my website. If you have a question about a product, please ask prior to placing your order.
9 ) Prices are guaranteed for 30 days. No refunds, exchanges or credits are offered on any items purchased.
All orders are subject to VAT. All sales are final. By placing an order, you agree that you have fully read and understood all product descriptions as listed on our website and our Product Guide.