Note – For the purpose of this document CARLY SEAMAN PHOTOGRAPHY shall be referred to as CSP. The person who orders a session or image shall be referred to as the Client.
1) APPLICABLE LAW
a) The laws of England and Wales shall govern this agreement. These Terms and Conditions shall not be varied except by agreement in writing.
b) In the event of any conflict between these terms and conditions (including those relating to the time of payment) and those issued or submitted by the Client and in the absence of any contrary agreement in writing these Terms and Conditions shall prevail.
2) BOOKING FEE
a) The booking fee includes your portrait session consultation, the Session itself at CSP studio or on location, use of props, outfits and backdrops, the time and talent of the Photographer, the editing of your images, your Viewing and Ordering appointment, and the ordering and preparation of your products.
b) This booking fee due at the time of booking is not returnable except in the event of CSP cancelling the booking. Except exceptional circumstances solely as a result of bereavement.
c) A session is not confirmed as booked until after full payment of the session has been made by the Client to CSP.
3) FULFILMENT OF OBLIGATIONS
a) CSP shall not be liable to the Client for any failure, in whole or in part, to fulfil its obligations where failure arises as a result of an event or circumstances beyond its control, which may include (but are not limited to) equipment failure.
b) The Client understands and accepts that the photographic coverage will be as CSP’s professional expertise determines. Special requests are not binding instructions although every effort is made to comply with the Client’s wishes.
c) In the unlikely event of total photographic failure or cancellation of the contract by either party or in any other circumstances 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.
All images produced by CSP are done so on a fully calibrated monitor, and all prints purchased through CSP will be a true reflection of the editing carried out by CSP. CSP will not be held responsible for variances in images caused by clients viewing images on non-calibrated screens or monitors, or products that are printed through printing companies, other than those recommended by CSP.
Although CSP will do its best to produce more proofs than discussed with the Client there is no guarantee that any particular number of proofs will be produced.
6) ARTISTIC INPUT
a) CSP shall be entitled to use its judgement regarding the style and artistic input in the production of pictures. This includes but is not limited to locations, poses and number of images taken. Due to the vagaries of 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 subjects at a session of any kind, for any reason, CSP may not be able to capture any, or all the images the Client may have requested or expected. The Client is responsible for all older children at all times during sessions.
b) CSP fully edits all images before presenting to Client. Additional edits are carried out at the discretion of CSP, and may be liable for further charges. Any additional edit requests MUST be raised by Client at the proofing stage. Requests not raised at proofing stage will not be considered once products have been ordered.
c) CSP will not under any circumstances release unedited or RAW images to the Client. CSP reserves the rights to decide which images to retain and edit and which images are culled from their system.
7) COPYRIGHT & REPRODUCTION
a) Copyright is retained by CSP at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of CSP.
b) The Client may not 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 without CSP’s written permission.
c) Permission to reproduce a picture is only granted to the Client by CSP when digital images are purchased and full cleared payment has been made by the Client to CSP.
d) In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to CSP an unauthorised use fee of £100 per image, or double the standard reproduction fee for the use concerned, whichever is the greater.
e) The right to reproduce a picture granted by CSP is personal to the Client and may not be assigned to any third party without CSP’s prior written consent.
f) The Client will fully indemnify CSP against any unauthorised reproduction of a picture submitted to the Client made by any third party as a result of or arising out of any breach by the Client of any of these terms and conditions (including but not by way of limitation the Client allowing a picture or a copy thereof to come into the possession of a third party without CSP’s prior written consent).
The Client agrees to respect the property, equipment and home of CSP at all times. This includes but is not limited to supervising your children at all times and being responsible for their actions. Any damages or loss resulting from you or your family’s actions or negligence shall be charged for by CSP.
While CSP has taken reasonable care to correctly identify, caption and orientate the pictures, it does not accept any liability for loss or damage incurred by the Client or any third party caused by any errors.
10) RECEIPT OF PICTURES
You will be required to sign for your products upon collection to confirm you are satisfied with them. You must notify me at this time of any issues. Any claims raised after you have left my premises will only be dealt with at my discretion.
11) COOLING OFF PERIOD
a) Because the supply of the photographs has been made to the Client’s personal specification, (i.e. image number, print size, frame style, etc.), the Client does not have the right to a cooling off period.
b) By placing an order with CSP you are committing to buy the bespoke ordered products.
12) RETURNS POLICY
a) Incorrectly supplied items and items of poor quality can be returned and will be replaced at no extra charge to the Client.
b) Faulty items should either to delivered to CSP or posted to CSP. The Client is responsible for any costs associated with return postage and this must be fully tracked
c) Returns will not be considered for incorrectly ordered items or items ordered in error by the Client. Returns will not be considered for the Client’s change of mind.
13) USE OF PICTURES
CSP retains the right in all cases to use the pictures in any manner at any time throughout the world for the purposes of sales, advertising or promotion, of its work. No images will be taken, stored or published of a sensitive manner. Sensitive images include images of genitalia. Newborn buttocks are excluded from sensitive material.
14) IF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE UNDER THE LAW, THE VALIDITY OF THIS AGREEMENT AS A WHOLE SHALL NOT BE AFFECTED, AND THE OTHER PROVISIONS OF THE AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT. IMAGES ARE KEPT FOR THE PERIOD AS DOCUMENTED BY CSP AT THE DESCRETION OF CSP, CLIENT ORDERS ARE REQUIRED WITHIN THE TIME PERIOD TOLD BY CSP UNPON GALLERY OPENING.