Terms & Conditions for portrait commissions
It is mutually agreed that the following terms and conditions form an integral part of this contract/invoice and that no variation or modification of this contract shall be effective unless accepted by Nia & James The Photographers (also called “the Photographer” or “the Photographers”) in writing.
In the unlikely event of the assigned Photographer being unable to attend your sitting due to unforeseen circumstances, we reserve the right to appoint another photographer to attend your sitting on their behalf to undertake the photography to his/her best ability.
Although we are happy to photograph in most weather conditions, we may encourage you to reschedule an outdoor photo session if weather conditions are inclement on the day of your shoot.
Booking Fee or deposit
The Booking fee secures the time and services of the Photographer for the sitting and is non- refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation. Sittings 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.
Up to one month before photo shoot – Upon receiving a cancellation notice in writing Nia & James The Photographers will reimburse any monies paid in full. Less than one month before photo shoot – If cancelling your contract less than one month prior to the date of the photo shoot all monies paid will be retained by Nia & James The Photographers.
All photograph sizes are nominal. The Photographer will provide a pleasing colour balance but cannot guarantee exact colour matching.
All photographs supplied by Nia & James The Photographers are produced to the highest standards using the best quality materials and latest processing techniques. However, all photographs will, in time, fade. This is particularly true if they are left in bright sunlight and are not behind glass. The Photographers cannot accept any responsibility for this gradual image deterioration.
All pictures purchased are presumed to have been received in good condition unless the client notifies The Photographers in writing of any discrepancy or error within 7 days of receipt.
All images will be adjusted for skin blemishes, exposure, brightness, contrast, sharpness, etc. The Photographer’s judgement regarding these corrections and the number of images put forward to the Client for preview shall be deemed correct. Retouching, digital manipulation and artist finishing is available to the Client as an option at extra cost.
All digital files remain the property of The Photographers.
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 Photographers in writing.
Value Of Prints Included Within Package
The value of prints, or other items, included within the agreed price is only redeemable as a discount against those items at the prices listed by the Photographer and ordered by the Client within three months of the sitting date. At no time will this value be transferable for a cash alternative. Any monies over and above the value of discount are to be paid at the time of order.
No photographs will be delivered until all payments due have been paid in full. Payment for products is to be made at the time of ordering. Images will not be ordered until payments are made in full.
No refund is available once an order has been placed
From time to time we may run promotions where some product prices may be reduced. The price due is the price shown on the price list at the time of ordering and cannot be altered to reflect an earlier or later promotion.
Only one voucher or offer can be used per session or against products arising from that session.
Any product order placed is normally delivered by the suppliers to the studio within 4-6 weeks of the order placement. The photographer will then arrange for the client to collect their order in person from the studio at a pre arranged time. This will normally be between 10am and 6pm Monday-Friday unless otherwise stated.
Any complimentary images included as part of a competition prize or voucher (discretionary or selected) will only be given to the customer after all sessions have been attended including both photo shoot & viewing sessions. Due to the high value placed on the products, complimentary images must also be collected in person from the studio as per normal product delivery.
Once an order is placed it is final. We will not refund, nor accept the return of/refusal to pay charges for, any technically acceptable photograph supplied either in print or in electronic format. No exception can be made as we cannot be held responsible for individual tastes or exceptions. In the unlikely event that your product is faulty, we will work closely with you and our suppliers to resolve the issue as a matter of urgency.
The Photographer reserves the right for any photograph created during sessions to be displayed in the studio, portfolio, or in any other advertising, including online, directly associated with Nia & James The Photographers.
Storage of Images
Original digital images are kept on an active file for three months, after which time they may be subject to deletion without notice unless expressly stated otherwise by the Photographer.
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. Where work is defective for any reason, including negligence, our liability (if any) shall be limited to rectifying such defect. The Photographers shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or for any loss to our customers arising from delay in transit. Neither party shall be liable for indirect or consequential loss.
Every effort will be made to carry out the contract but its due performance is subject to alteration or cancellation by the Photographers owing to any cause beyond their control (eg acts of God, change in legislation, floods, fire, computer failure, etc). In the unlikely event of total photographic failure or cancellation of this contract by the Photographers, liability shall be limited to a full refund of all monies paid.
The Client may not (either personally or via a third party) 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.
Any complaints should first be raised by the Client with the Photographer/s in writing within 21 days from the date of receipt of images. In the unlikely event of an unresolved complaint the Client may request the Society of Wedding and Portrait Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.
Licence – The Photographers shall be granted artistic licence in relation to the poses photographed, the location used and digital retouching. The Photographers’ judgement regarding the locations, poses and number of photographs taken shall deemed to be correct.
This agreement shall be governed in accordance with the laws of England and Wales.
The Photographer reserves the right to amend these Terms and Conditions without prior notice.
All images and text © updated 2016 Nia & James The Photographers