TERMS AND CONDITIONS OF CONTRACT FOR AMBERLIGHT IMAGES PORTRAIT PHOTOGRAPHY SERVICES
In the following terms & conditions “the photographer” shall mean Jo Taylor-Jones trading as Amberlight Images. “The client(s)” shall be those persons defined in the booking form. It is mutually agreed that the following terms of agreement form an integral part of this contract and cannot be varied in any way by the client(s) unless such conditions are expressly agreed by the photographer in writing. By booking with the photographer you agree to the below Terms and Conditions.
- Retention of Copyright
All Images and the copyright within them shall remain the sole and exclusive property of the Photographer in perpetuity.
No copyright of any images shall pass to the Client on the granting of reproduction rights.
The right, by way of license to use the images is passed to the Client only upon full payment of all outstanding monies. This license is non-transferable and intended exclusively for personal use.
No Image may be used for promotional, advertising or any other commercial purpose without the express permission of Photographer and, at the discretion of the Photographer, the payment of additional fees and an accompanying written credit to the Photographer.
The Client will not make or permit any alterations to be made to the Images, including but not limited to, additions, subtractions, or adaptations in respect of the Images.
- Payment Terms
Full payment of the session fee or course fee is due to confirm your booking. This reserves an ‘Appointment Date’ for you in our diary. (This date may be flexible if you are booking a newborn or baby session.)
Full payment of amounts relating to digital collections, print orders and artwork is required upon ordering. Without payment, digital files will not be released and print orders won’t be processed by the Photographer.
- Cancellation Policy
Once the Appointment Date has been confirmed by the Photographer, the Photographer will not accept any other work from other clients for the Appointment Date.
As a result, once a booking is made, subsequent cancellation without mitigating circumstances (at the discretion of the Photographer) will result in the forfeit of 50% of the session fee if cancellation is more than 7 days prior to the Appointment Date and forfeit of 100% of the session fee if cancellation is within 7 days of the Appointment Date. In addition to the cancellation fee, the Client will be charged for any expenses already incurred by Photographer between the confirmation of the booking and the cancellation by the Client. Session fees may be transferred to an alternative date. Session fees are non-refundable once the session has taken place.
Print orders are binding in nature once accepted by the Photographer and any variations to print orders will be subject to additional charges.
Best attempts will be made by both the Photographer and Client to reschedule to a mutually agreeable time should illness or inclement weather prevent the session from proceeding on the Appointment Date as booked.
- Provision of Images
Your images will be professionally edited and will usually be ready for you to view within 4 weeks of your session date, unless agreed otherwise with the Photographer. If your chosen collection includes a personal view and order appointment, the Photographer will then contact you to arrange a time and date for this. One view and order session is included as part of your collection. If additional viewing sessions are requested, a £50 appointment charge per viewing is due. Mobile phone Apps will be available for 12 months from purchase date.
- Image Retention
The Photographer has no obligation to retain or archive any of the Images after they have been delivered to Client, so please ensure you keep your images safe. Un-purchased images are deleted one month after your viewing.
In the event of any loss of Images due to, but not limited to, damage or computer malfunction, the Photographer ‘s liability is limited to the value of the session fee.
The Photographer will not be liable for any loss or damage including (without limitation), indirect or consequential damages suffered by the Client or by any third party arising from the session or any use or reproduction of any Image.
The Photographer shall be entitled to use their judgement regarding the style and artistic input in the production of pictures. This includes but is not limited to poses, props and number of images taken. Due to the willingness of subjects it may not be possible to capture all the pictures requested, or images to the client’s full expectations. In the event of uncooperative children at a session of any kind, for any reason, the Photographer 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. Cameras, mobile phone cameras and camcorders are not permitted during any session, in studio or on location.
- Image Reproduction:
a) Owing to photochromatic anomalies caused by a combination of certain dyes and materials, especially in man-made fibres, it is sometimes impossible to record on camera the exact colour of materials as perceived by the human eye. When processing images, the photographers will endeavour to achieve a pleasing overall colour balance based on natural flesh tones. Prints are all provided in srgb colour format.
b) It is understood that some colours may not remain consistent throughout a set of photographs owing to variations in lighting conditions. It is also understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not be identical over the whole range within a subject. The colour balance of prints made at different times or in varying sizes may also be variable.
c) Due to the limitations of computer monitors it is understood that images may appear differently according to the specification of each monitor and that prints will not match images rendered on any particular computer monitor.
d) We use only quality branded USBs, ensuring each is checked before dispatch, but it remains the responsibility of the clients to check these for in-transit damage. The photographers cannot be held responsible for damage to equipment resulting from defective media. We cannot guarantee our USBs once you have taken ownership and it is your responsibility to back up all digital files.
e) All print and presentation sizes quoted are approximate and subject to the discretion of the photographers.
With the permission of the Client, the Photographer may keep & display some images covered by this contract to generally promote Amberlight Images by means of advertising, publicity material, online -websites & social media, exhibitions, competitions, magazine articles, and other such media, providing that the images are used lawfully and without damage to the clients. Images placed in password protected galleries within the website are not available to the general public in the normal course of events. However it may not always be possible to prevent determined persons from accessing these galleries.
- Complaints & Returns:
a) Due to the bespoke personalisation of all our products, once artwork and digital albums have been delivered, no refunds are available.
b) Amberlight Images must be notified in writing by email within two working days of the Clients being in receipt of their order in the case of error, shortage or damage as mistakes cannot be rectified after this period.
c) Amberlight Images hope you will be very happy with your photographs and put a huge amount of time and effort into providing a professional and high quality service, which they take great pride in. Any complaints should be raised by the client with Amberlight Images in writing or by email, 7 days from the provision of images.
- Retention of Copyright