Note – For the purpose of this document Rayah Sunshine Photography shall be referred to as RSP. The visitor to the site or the individual (whether representing an organisation or not) who books a portrait appointment shall be referred to as the Client.
1) APPLICABLE LAW
i. The laws of England and Wales shall govern this agreement. These Terms and Conditions shall not be varied except by agreement in writing.
ii. 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) By booking with RSP you enter into a contract and have therefore agreed to abide by the terms and conditions.
b) Booking fees taken for newborn and portrait sessions are non refundable except in the event RSP cancels the booking. If a booking is made online, and no suitable date can be arranged for the chosen session after consultation, then a refund will be given.
a) Deposits are transferable if a date change is necessary. Twenty four hours (24) notice of postponements or cancellations is appreciated.
b) If it is not possible for a session to take place on a scheduled day due to weather, Photographer and Client will reschedule on an agreed date at the earliest date possible, with no additional charge.
c) In the event of an illness, please contact us soon as possible to reschedule. RSP maintains the right to reschedule at any time should it become necessary but will do our upmost to negotiate a mutual acceptable rebooking. The request must be made no later than 24 hours prior to your scheduled booking.
4) IMAGES ONLINE
a) It is illegal to attempt to download, or to attempt to remove a watermark from, any image taken and posted online by RSP for any reason. Should an image online be saved via any means, and used elsewhere without the written permission of RSP, whether the copyright has been removed or not, a copyright infringement fee of £1000 per image will be applied to avoid court action, and must be paid within 28 days. SHARING images and links on the web from its main source is highly acceptable and encouraged to show family and friends your beautiful images.
5) FULLFILMENT OF OBLIGATIONS
a) The liability of RSP 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, inclement weather, illness or injury.
b) The Client understands and accepts that the photographic coverage will be as RSP’s professional expertise determines. Special requests are not binding instructions although every effort is made to comply with the Client’s wishes.
c) If Client fails to read the supplied PDF Prep Guide, and therefore fails to carry out required preparations prior to a newborn session, RSP will not be held responsible for any resulting reductions in quality or quantity of images supplied.
6) LIMIT OF LIABILITY:
a) I take the utmost care with respect to the exposure and retouching of digital captures. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control, Photographer’s liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged.
b) In the unlikely event that Photographer is injured or becomes too ill to attend the portrait session, Photographer will make every effort to reschedule to the earliest possible date. 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.
a) All images produced by RSP are done on a fully calIbrated monitor, and all prints will be a true reflection of the editing carried out by RSP. RSP will not be held responsible for variances in images caused by clients viewing images on non calIbrated screens or monitors. To ensure images are seen as intended it is advised that client views them with the photographer.
b) All prices are subject to change without notice by RSP. No consideration will be given to previous clients regarding product pricing, availability, package structure, or session fees.
c) The client is aware if they choose to print their images through a personal chosen printing lab that the quality of the end result print of the digital files delivered is not under the control of the photographer, therefore RSP will have no liability for any potential claims whatsoever based upon discolouration, RSP cannot guarantee the quality of any print not provided by us.
a) Although RSP 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.
9) IMAGE PRODUCTION AND HANDLING
a) Save as otherwise agreed between the Client and RSP, RSP 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 weather and the willingness of subjects it may not be possible to capture all the pictures requested, or images to the clients full expectations. In the event of unco-operative children at a session of any kind, for any reason, RSP 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.
b) RSP fully edits all images before presenting to Client. Additional edits are carried out at the discretion of RSP, and RSP reserves the right to charge the Client for additional editing to cover time involved, at a rate of £15 per image. Any additional edit requests MUST be raised by Client at the viewing stage. Requests not raised at viewing stage will not be considered once products have been ordered.
c) lf The Client does not view or purchase images within three months of the session without arrangement, RSP will assume they are not wanted and will delete all files.
10) COPYRIGHT & REPRODUCTION
a) Copyright is retained by RSP at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of RSP. This includes saving, screen saving and downloading from social media.
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 RSP’s written permission.
c) Permission to reproduce a picture is granted to the Client by RSP only when a fee for the reproduction has been agreed with RSP and an invoice has been issued by RSP and paid in full by the Client to RSP.
d) In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to RSP an unauthorised use fee of £1000 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 RSP is personal to the Client and may not be assigned to any third party without RSP’s prior written consent.
f) The Client will fully indemnify RSP 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 there of to come into the possession of a third party without RSP’s prior written consent).
11) 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 be posted to back to RSP. The Client is responsible for any costs associated with return postage.
c) Returns will not be considered for incorrectly ordered items or items ordered in error.
d) No return, exchange or refund is available on any item once the image proof has been approved, and an order placed.
12) MODEL RELEASE
a) Unless specified in writing, RSP makes no claim or warranty as to the existence or validity of connected there with model or other releases in respect of the pictures or as regards the reproduction by the Client of any names or trade marks depicted in the pictures. It is the Client who must satisfy himself that all necessary rights, releases or consents required for reproduction have been obtained. RSP retains the copyright on all images and reserves the right to use the images for advertising, display, publication, social media and/or other purposes for our portfolio. Digital files and previews remain the exclusive property of RSP.
13) CAMERA POLICY
Cameras, camera phones, camcorders or any other recording equipment is NOT permitted during any session, either in the session or on location, without the express permission of RSP.
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.
15) GIFT VOUCHERS
a) Gift vouchers purchased from RSP are only valid for 12 months from date of purchase.
b) Gift vouchers cannot be exchanged for cash and are non transferable. No refunds will be given.
IMAGES ARE KEPT FOR A SIX MONTH PERIOD AT THE DISCRETION OF RAYAH SUNSHINE PHOTOGRAPHY.
RSP will never share, or allow to be accessed, shared or distributed, any personal or contact information of any client or enquiry obtained by any means. ALL contact information is protected on secure systems and password protected at all times. Please see full terms here.
Rayah Sunshine Photography – Huddersfield – Calderdale – West Yorkshire – United Kingdom
https://rs-photography.co.uk – Mya@rs-photography.co.uk