~ This agreement constitutes an order for your portraiture services, including the taking of portrait photos as agreed to both parties: The Photography Boutique (TPB) and contacting party (client). Unless otherwise specified, it is understood that any and all rights to proofs, final or sample prints, thereof shall remain property of TPB and may be used for advertising, display or any other purpose thought proper by TPB.
~ If the photographer, (Sally Beard), cannot perform this agreement in whole or in part due to a fire, or other casualty, act of God or nature or terror or other cause beyond the control of either parties, there will be no further liability with respect to this agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or other wise lost or damaged with fault on the part of the photographer. The client(s) agrees that an entire session cannot be replicated, reenacted or repeated for the purpose of a re-shoot and limits TPB liability to the amount paid under this contract.
~ In the event of an extenuating circumstance on TPB’s part, TPB will find and hire an alternative photographer or reimburse the full amount paid by the customer or will re-schedule for a different time. TPB will not be held liable for services not rendered. To receive a refund, TPB must have a 2-week notice from the scheduled session.
~ On signing of this agreement by both parties hereto, TPB will reserve the time agreed upon and will not make another reservation for the specific time frame.
~ TPB is the only photographer to perform the photographic services requested on this contract. No other photographer is allowed to take photos at the session and no other cameras are allowed at the session.
~ The amount agreed upon covers the photographer’s time, talent, proofing and editing. It also cannot be changed or altered by any means.
~ A non refundable Booking Fee is due at the time of booking your session. This guarantees the time and date allotted for you. Should payment not be received in this time frame, TPB reserves the right to offer the date and time to another client. Payment of the Booking Fee constitutes the Client’s agreement to these Terms. The remaining balance is due by the date of the session.
~ TPB’s price list is adjusted periodically and future orders will be charged at current pricing at that time.
~ TPB will choose the best images from your session. These images will be displayed on a password-protected online gallery. The online gallery will be available for 3 weeks only. If you wish to order prints then ordering should be completed in that time frame. If you would like to re-publish your gallery, there will be a £50 fee.
~ Please allow up to 2 to 3 weeks for delivery of your gallery, and 3 to 4 weeks for all albums and canvases from date of order.
~ If the client cancels the session at least 48hrs ahead of the session, then 50% will be refunded to the client (except for weddings).
~ If, in the opinion of the photographer, weather or other adverse conditions prevent creation of a portrait meeting the artistic standards of the photographer, the photographer may elect to use an alternate location or to reschedule the portrait session.
~ Travel required greater than 75 miles from Cowfold, West Sussex, will be charged at 45p per mile for the remaining distance (including the return journey).
~ All albums, digital photo books and prints are professionally lab printed and should be handled with care. The Photography Boutique takes no responsibility for deterioration of prints or albums due to improper storage or handling.
~ The Photography Boutique shall be granted creative and artistic license in relation to the choice of location and poses used. Due to changes in weather and availability and willingness of subjects, The Photography Boutique will do their best to honour requested photographs but does not undertake to guarantee any specific photo or specific location or group arrangements requested, although every attempt will be made where possible.
~ Privacy - Your details will be retained on a private internal database and will not be shared.
~ MODEL RELEASE: Unless expressed in written form to the contrary, to TPB, I grant permission to The Photography Boutique (the photographer), its employees and agents, to take and use visual images of me or my dependants. I agree that the photographer will own the images and all rights related to them. The images may be used in any manner or media, such as web sites, publications, promotions, postcards, advertisements and posters for promotional or commercial use only. I understand that the photographer will be responsible for the finished images or any printed or electronic matter that may be used with them. I release the photographer and its employees and agents, including any firm authorised to publish and/or distribute a finished product containing the images, from any claims, damages or liability which I, or my heirs, and legal representatives may ever have in connection with the taking of the images. I also agree that the images can be used without additional compensation to the undersigned. I have read this model release, am of age, and fully understand the contents thereof.
~ COPYRIGHT: It is illegal to copy or reproduce these photographs elsewhere without The Photography Boutique’s permission and violators of this 1998 Copyright, Design and Patent Act will be subject to its civil and criminal penalties. All photographs, both on The Photography Boutique’s website, blog or Facebook page, including all potential proofs and purchased prints, are copyrighted; reproduction of any image by any means, including copying, re-prints, screen captures and other means of print reproduction are strictly prohibited and are a violation of copyright law. I hereby give you permission to share The Photography Boutique’s work on the internet, on blogs and social networking sites, however The Photography Boutique’s logo MUST remain and be visible. The only exception to this is if you have purchased the print release.