Note – For the purpose of this document Family Tree Photography shall be referred to as FTP. The visitor to the site or the individual (whether representing an organisation or not) who orders an image shall be referred to as the Client.
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APPLICABLE LAW
1a) The laws of England and Wales shall govern this agreement. These Terms and Conditions shall not be varied except by agreement in writing.
1b) 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.
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BOOKING FEE
2a) By booking with FTP you enter into a contract and have therefore agreed to abide by these terms and conditions.
2b) Booking fees taken for sessions are to secure your slot and time in the studio. No images are included in the booking fee, the payment of the booking fee will secure your session. Booking fees are non-refundable, except in the event that FTP cancels the booking. The client may cancel the session at any time, but in doing so shall forfeit any monies paid. The booking fee will be deductible from your chosen image package.
2c) If you or your children are sick, please give 24 hours’ notice to re-schedule your session. If you do not give 24 hours’ notice, or client is a no show, the booking fee will need to be paid again to order to re-book.
ONLINE IMAGES
3a) It is illegal to attempt to download, or to attempt to remove a watermark from, any image taken and posted online by FTP for any reason. Should an image online be saved via any means, and used elsewhere without the written permission of FTP, 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.
FULFILMENT OF OBLIGATIONS
4a) FTP 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, inclement weather, illness or injury.
4b) The Client understands and accepts that the photographic coverage will be as FTP’s professional expertise determines. Special requests are not binding instructions, although every effort is made to comply with the Client’s wishes.
4c) 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 losses.
4d) If Client fails to read the supplied PDF preparation brochure, and therefore fails to carry out required preparations prior to a newborn session, FTP will not be held responsible for any resulting reductions in quality or quantity of images supplied.
PRINTS
5a) All images produced by FTP are done on a fully calibrated monitor, and all prints will be a true reflection of the editing carried out by FTP. FTP will not be held responsible for variances in images caused by clients viewing images on non-calibrated screens or monitors.
5b) If the client chooses to have their digital images printed at a place of their choosing, FTP will not be held responsible for the quality of printing or products. All digital files are provided as high resolution, it is up to the client to source a printing service that can provide prints using high resolution files.
DIGITAL FILES
6a) Once digital files have been downloaded or sent, there are absolutely no refunds.
6b) Once digital images have been purchased, they should be backed up by the client and FTP are no longer responsible for any digital files once they are taken by the client. If you receive images on a USB they should be returned if faulty within 14 days. After this time FTP has no responsibility for the USB
PRICES
7a) All prices are subject to change without notice by FTP. No consideration will be given to previous clients regarding product pricing, availability, package structure, or session fees.
PREVIEWS/PROOFS
8a) Although FTP 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.
IMAGE PRODUCTION AND HANDLING
9a) Save as otherwise agreed between the Client and FTP, FTP 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 client’s full expectations. In the event of unco-operative children at a session of any kind, for any reason, FTP 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.
9b) FTP fully edits all images before presenting to Client. Additional edits are carried out at the discretion of FTP, and FTP 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 proofing stage. Requests not raised at proofing stage will not be considered once products have been ordered.
9c) lf the Client does not view or purchase images within three months of the session without arrangement, FTP will assume they are not wanted and will delete all files.
COPYRIGHT & REPRODUCTION
10a) Copyright is retained by FTP at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of FTP. This includes saving, screen grabbing and downloading from Facebook or other social media.
10b) 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 FTP’s written permission.
10c) Permission to reproduce a picture is granted to the Client by FTP only when a fee for the reproduction has been agreed with FTP and an invoice has been issued by FTP and paid in full by the Client to FTP.
10d) In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to FTP an unauthorised use fee of £1000 per image, or double the standard reproduction fee for the use concerned, whichever is the greater.
10e) The right to reproduce a picture granted by FTP is personal to the Client and may not be assigned to any third party without FTP’s prior written consent.
10f) The Client will fully indemnify FTP 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 FTP’s prior written consent).
RECEIPT OF PICTURES
11a) The pictures are presumed to have been received in good condition unless the Client notifies FTP in writing of any discrepancy or error within 14 days of receipt.
COOLING OFF PERIOD
12a) There is a 14 day cooling off period where Client many cancel a booked session from the day FTP acknowledges receipt of the booking fee.
12b) Because of the bespoke nature of photography, and 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, refund or exchange on products of any kind once the order has been placed.
12c) By placing an order with FTP you are committing to buy the ordered products.
RETURNS POLICY
13a) Incorrectly supplied items and items of poor quality can be returned and will be replaced at no extra charge to the Client.
13b) Returns will not be considered for incorrectly ordered items or items ordered in error.
13c) No return, exchange or refund is available on any item once the image proof has been approved, and an order placed.
USE OF PICTURES
14a) FTP 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.
MODEL RELEASE
15a) Unless specified in writing, FTP makes no claim or warranty as to the existence or validity of connected therewith 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.
16) 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.
CAMERA POLICY
17a) Cameras, camera phones, camcorders or any other recording equipment is NOT permitted during any session, without the express permission of FTP.
PRIVACY POLICY
18a) MRP 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. FOR FULL PRIVACY POLICY STATEMENT SEE HERE
ONLINE GALLERIES
19a) Online galleries will be delivered within three weeks after the session.
19b) Online galleries will be live for one week ONLY. All orders must be decided during this time.
19c) The first reopening of online galleries will incur an admin charge of £25. Reopening of galleries after this will incur a charge equal to the lowest available digital package, payable towards the final order.
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IMAGES ARE KEPT FOR A SIX MONTH PERIOD AT THE DISCRETION OF FAMILY TREE PHOTOGRAPHY