It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
Booking fee
The booking fee secures the time and services of the Photographer for the portrait sitting and is non-refundable or transferable in the event of cancellation within 2 weeks of the sitting date, it being the agreed loss suffered by the photographer due to cancellation. All cancellations must be made in writing. Portrait 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.
Payments
Following payment of the booking fee, the remaining sitting fee will be due on the day of the sitting. No photographs will be delivered until all payments due have been paid in full. Payment for additional images is to be made when they are ordered.
Display
Shop4Baby may, upon receipt of a signed model release form, use any photographs included in this contract for advertising and marketing purposes as well as for inclusion in the photographers portfolio. If you do not wish your images to be used for such purposes then you need not sign the model release form.
Images
Shop4Baby cannot guarantee exact colour matching in its images. It is sometimes impossible to record on film the exact colour as seen by the human eye.
Reorders
All reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing.
Copyright
Any images or copies of images in whatsoever form 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 Shop4baby in writing.
Acts of God
The performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.
Attendance
In the unlikely event of the Photographer being unable to attend your portrait sitting due to unforeseen circumstances, the client will be contacted at the earliest opportunity to arrange another sitting time. However, if this arrangement is deemed unsuitable then the client can request a full refund of all monies paid.
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. Neither party shall be liable for indirect or consequential loss.
Cancellation
The Client may cancel this contract at any time by giving written notice to Shop4Baby but in doing so shall forfeit any monies paid. Should cancellation be received by Shop4Baby less than 2 weeks prior to the date of the portrait sitting The Client shall in addition pay a sum equal to 50% of the contract value. The said sum shall be payable as compensation as an estimate of the loss Shop4Baby would suffer.
Digital Files
Digital files remain the property of Shop4Baby
Prices
All prices quoted are inclusive of V.A.T.
Complaints
Any complaints should first be raised by the Client with Shop4Baby in writing within 14 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.
Shop4Baby reserve the right to amend these terms and conditions without notification.