Terms and ConditionsNote – For the purpose of this document cosytoesphotography.co.uk shall be referred to as CTP. 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.
a) The deposit is taken to secure your booking and portrait session that will be held at your home or location as agreed with CTP.
b) This deposit due at the time of booking is not returnable except in the event of CTP cancelling the booking, in exceptional circumstances solely as a result of bereavement, or in the event outlined in clause (d).
c) A session is not confirmed as booked until after payment of the deposit has been made by the Client to CTP and a booking form received by CTP.
d) The deposit will be returned in the even that the client is not satisfied with their images and does not wish to purchase any images. A purchase of an image or images will void this clause and purchases will be taken as the client being satisfied. In order for a refund to be granted, the client must attend a viewing session IN PERSON in order view their images and to register their unsatisfaction with CTP at the time of this viewing session. This clause will be invalidated and the deposit becomes non refundable if the clients views their images by way of an on line gallery.
3) FULFILLMENT OF OBLIGATIONS
a) CTP 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 CTP’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 loses
4) PRINTS. All images produced by CTP are done so on a fully calibrated monitor, and all prints purchased through CTP will be a true reflection of the editing carried out by CTP. CTP 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 CTP.
a) Although CTP 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) CTP 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 subject at a session of any kind, for any reason, CTP 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) CTP fully edits all images before presenting to Client. Additional edits are carried out at the discretion of CTP. 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.
7) COPYRIGHT & REPRODUCTION
a) Copyright is retained by CTP at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of CTP.
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 CTP’s written permission.
c) Permission to reproduce a picture is only granted to the Client by CTP when digital images are purchased and full cleared payment has been made by the Client to CTP.
d) In the event of unauthorised reproduction, including screen shots of images, the Client shall pay by way of liquidated damages to CTP 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 CTP is personal to the Client and may not be assigned to any third party without CTP’s prior written consent.
f) The Client will fully indemnify CTP 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 CTP’s prior written consent).
a) While CTP 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.
9) RECEIPT OF PICTURES
a) The pictures are presumed to have been received in good condition unless the Client notifies CTP in writing of any discrepancy or error within 14 days of receipt.
10) 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 CTP you are committing to buy the ordered products.
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 CTP. 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.
12) USE OF PICTURES
a) CTP 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, photography competitions, 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 CTP AT THE DESCRETION OF CTP, CLIENT ORDERS ARE REQUIRED WITHIN THE TIME PERIOD TOLD BY CTP UNPON GALLERY OPENING.