Kent Photographer | Family Photographer
Please read these terms and conditions before booking your session. On booking of a session you are agreeing to the following terms and conditions set out by the photographer.
Terms & Conditions
In the following Terms and Conditions:
Business shall mean Truly Scrumptious Photographer
Client(s) shall mean You the Parties to the Contract
Session shall mean the session title inserted into the contract
Photographer shall mean Truly Scrumptious Photography (Mercedes Keeley)
Products shall mean and USB's, albums or other items sold
Services shall mean photography to be carried out at the Event and any other services agreed between the Client and the Photographer set out in the Contract.
It is agreed that the following Terms and Conditions 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 Place,Date,Time, Services upon receipt of cleared funds in respect of the booking fee. The Parties acknowledge that the booking fee is non-refundable or transferable in the event of cancellation by the Client(s). Payments should be made via paypal or bank transfer. Where the photographer has to cancel the Event, due to circustances beyond her control, the full amount of the booking fee and any further payments received will be returned to the Client(s).
Truly Scrumptious Photography will be in contact with you 24-48 hours prior to your session to confirm. Remaining balances are to be paid on the day of the session. Payment for any additional images or products must be made at the time of order. No photographs or 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.
Licence and Coverage
Whilst the photographer shall endeavour to fulfil the Client's 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. Where the photographer is unable to accomodate arrangements (such as change of ceremony, date or venue) the Photographer is not liable to compensate the Client(s) in any way whatsoever.
Use and Display of Images
The Clients will sign a "Model Release" should they wish to agree to allow the Photographer to display any images relating to the Contract and to generally promote the Business in the Photographers portfolio and by means of advertising, publicity material, websites, exhibitions, competitions, magazine articles and other such media, providing that the images are used lawfully and without damage to the Client(s). By signing the "Model Release" 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 agrees not to re sell any images 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. Prints provided from the Photographer will be of high quality at all times and the Photographer cannot be held responsible should the Client(s) choose to print images purchased at other locations and the prints are not of the same quality. The Photographer shall be granted artistic licence in relation to the poses photographed and the locations used. Although ever effort will be made to comply with the Client(s) requirements, the Photographers judgement regarding the location, poses and numbefr of photographs taken shall be deemed correct and not subject to dispute. 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/phone screen and that prints may not match images rendered on any particular computer monitor. Any digital files shall remain the sole property of the Photographer at all times. A print release is given to all Client(s) which gives permission for Client(s) to print their images an unlimited amount. 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 and remain the copyright of the Photographer at all times unless there is a written agreement to the contrary. It is contrary to the Act to copy or allow to be copied photographically, electronically or by any other means an image ceated as part of this contract with out the written permission of the Photographer. All completed products and images shall remain the property of the Photographer until full payment is received. Only quality branded USB's are userd and each is checked prior to delivery. However, it remains the responsibility of the Client(s) to check for in-transit damage. The Photographer cannot be held responsible for damage to equipment resulting in defective media.
In the event a product (such as albums, frames) 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).
The photographer can not be held responsible in the event that a child or baby is uncooperative within the session. The photographer will try their best in all circumstances. Re-scheduling is that of the Photographers discretion.
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 forseen or, if it could been forseen, was unavoidable and includes without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war or armed hostilities or other national or international calamity or one of more acts of terrorism or failure of energy sources. 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.
If for any reason, Client(s) or Photographer need to cancel, notice will be given 48 hours prior to the session/event. Any notice given less than than 24 hours notice may be liable to fees and will be set out by the Photographer in line with session being cancelled.
All complaints should be raised by the Client(s) directly to the Photographer in writing within 14 days of the occurence which gives rise to the complaint. The Photographer will consider the complaint and shall provide a response to the Client(s) within 14 days of receipt of the complaint. In the unlikely event of an unresolved complaint the Client(s) may request the Guild of Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.
Any notice relating to this contract should be in writing.
Governing Law and Jurisdiction
The parties irrevocably agree any dispute arising out of this contract shall be governed and construed with English Law and the courts of England and Wales shall have exclusive jurisdiction to settle ant dispute or claim.