TERMS AND CONDITIONS
1) APPLICABLE LAW
- a) The laws of England and Wales shall govern this agreement.
- 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.
By booking an appointment with us, you are subject to these Terms and Conditions. We reserve the right to amend, vary or cancel these Terms and Conditions at any time.
2) SESSION FEE
- a) The session fee is a contribution towards the use of studio time and the photographers time and talent. The session fee does not include any digital images or printed products unless otherwise stated or offered as part of any promotion we may run from time to time. The session fee is also the required booking deposit, but where the full cost of the session has not been taken as the booking deposit, then the remaining balance of the session fee is due at the time of the session. This can be paid by card or cash. Picture Photography Studio is not responsible for the client not reading the prices and terms before booking. All information is on the website for the client to see and nothing is hidden. No money will be refunded in the case of the client not reading the information prior to booking.
3) BOOKING DEPOSIT
- a) All appointments booked must have paid a booking deposit, the value of which is determined by the experience. A minimum booking fee is required at time of arranging any appointment to secure your session. This applies whether you hold a gift voucher for the session or not. Refer to the terms and conditions of any gift voucher held to determine whether the booking deposit is refundable or not, and under what circumstances. No slot is saved or secured without the booking fee being paid. Until the booking fee is paid, your booking is not secure and the photographer reserves the right to book anyone else in for that diary slot.
- b) Booking fees taken for sessions are non refundable except in the event of Picture Photography Studio cancelling the booking, or as otherwise stated on any specific voucher or promotion where this condition may vary.
- c) If your child is ill before the session, 48 hours notice is required and the session will be rearranged once at no charge. Failure to notify the photographer of not being able to attend the session will result in the remaining session fee being charged. Should you wish to rebook another session after a ‘no-show’ and/or not notifying the photographer, the initial booking fee is forfeit and will need to be paid again to secure another session slot.
d)If an experience is cancelled by you, then the booking deposit is not refundable. Those choosing to cancel their experiences will forfeit the booking deposit.
4) PRICE OF PRODUCTS
- a) Upon booking a session with Picture Photography Studio, a link to our website will be sent to the Client. Our website contains up-to-date product and pricing details for your information and awareness. The price lists are also accessible to the general public on the website under the specific photo session sections. It is presumed by Picture Photography Studios that every Client is in receipt of and has read the price list. Picture Photography Studio cannot be responsible for Client’s failure to read pricing information prior to booking the session.
- b) Pricing and products availability is subject to change at any time without notice.
- c) In the event that pricing changes occur during your booking period, then the prices advertised on our website on the date of booking your session will remain valid and be applied to your session order(s) for eight weeks. Any orders placed outside of this time frame will be subject to change to the revised price lists.
5) FULFILLMENT OF OBLIGATIONS
- a) Picture Photography Studio 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. In the unlikely event of total photographic failure or cancellation of the contract by Picture Photography Studio, our liability shall be limited to a full refund of all monies paid.
- b) The Client understands and accepts that the photographic coverage will be as Picture Photography Studio’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 messages with preparatory information, and therefore fails to carry out required preparations prior to any session, Picture Photography Studio will not be held responsible for any resulting reductions in quality or quantity of images supplied.
6) PRINTED PRODUCTS
- a) All images produced by Picture Photography Studio are printed from a fully calibrated monitor, and all prints will be a true reflection of the editing carried out by Picture Photography Studio. Picture Photography Studio will not be held responsible for variances in images caused by clients viewing images on non calibrated screens or monitors.
7) DIGITAL ORDERS
- a) The chosen method of delivering any ordered digital files to you – whether via direct online download or on a USB drive – isn’t intended as permanent storage. It is solely the Client’s responsibility to back up the images and make enough copies for the images to be stored safely. Picture Photography Studio cannot be held responsible for loss of images due to failure to care for the USB or misplacement and loss of the USB and/or failure to back up images.
- b) Picture Photography Studio can only guarantee that when the USB leaves the studio it is in perfect working order and we expect any technical issues to be addressed to Picture Photography Studio within 48 hours. After this time Picture Photography Studio cannot be held liable for complications with the USB that may or may not be caused by Client’s computer hardware or other factors.
- c) Picture Photography Studio cannot be held responsible for client printing their own images. Picture Photography Studio cannot be held liable for images looking a different colour, crop etc. When prints and products are ordered from us, Picture Photography Studio provides the highest quality print on professional paper and high quality products ordered from a lab with colours calibrated to the photographer’s screen, and images are presented at their best.
- If you purchase any digital imagery you will receive a “licence to print” granting you permission to reproduce images for any personal use up to the size of an A4. Should you decide to print larger than A4, you are doing so without our permission and against our best advice, and we accept no responsibility for the quality of any printing commissioned or the costs involved.
8) ARTISTIC INPUT
- a) Picture Photography Studio 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 poses, props and number of images taken. Due to 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 children at a session of any kind, for any reason, Picture Photography Studio 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 and this includes their behaviour, health and safety at all times.
- b) Images are soft-edited before presentation to the Client. Additional editing requests by the client after viewing their photos are carried out at the discretion of Picture Photography Studio, and Picture Photography Studio reserves the right to refuse the editing requests and/or charge the Client £25 per image for additional editing to cover time involved.
9) COPYRIGHT AND REPRODUCTION
- a) Copyright is retained by Picture Photography Studio at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of Picture Photography Studio. The Client may not alter or add to or manipulate a picture by any means or reproduce a picture in whole or in part as an element within, or as a montage with, another picture without Picture Photography Studio’s written permission. Permission to reproduce a picture for personal use (not commercial) is granted to the Client by Picture Photography Studio only when digital images are purchased and paid in full by the Client to Picture Photography Studio. A print release form (printing rights) will be supplied with the client’s digital images when purchasing a USB of the digital images from Picture Photography Studio.
- b) In the event of unauthorised reproduction including scanning of prints to reproduce images or printing watermarked images from the online gallery or website, the Client shall pay by way of liquidated damages to Picture Photography Studio an unauthorised use fee of £100 per image, or double the standard reproduction fee for the use concerned, whichever is the greater.
Copyright for all images remains with Picture Photography Studio and images must not be reproduced in any form without our permission.
We reserve the right to use any photographs taken by our photographers for display, website, literature, promotions and advertisements.
You may request that your photographs not be used for display, website, literature, promotions and advertisements by writing to Picture Photography Studio, Vincent House, 13, Lowlands Road, Pontnewydd, Cwmbran, Torfaen, NP44 1RF.
10) USE OF PHOTOGRAPHS
- a) Picture Photography Studio retains the right in all cases to use any pictures for the purposes of displays, advertising, portfolio, social media, publication or promotion of its work upon the client signing the model release form. Should consent not be given, Picture Photography Studio will not use the images for personal and business purposes (advertising, samples, social media, competition) but the images will be stored by the business, solely for the client and not personal use by the photographer.
11) STORAGE OF DATA AND IMAGES
- a) Under these terms and conditions, the client agrees for Picture Photography Studio to store their data (including but not limited to home address and e-mail address) on paper in the client’s order forms and in the online admin system Studio Cloud and Big Cartel which are used for all bookings. This data will not be used in any way that doesn’t comply with the data protection laws. It is solely for the photographer to use in order to contact the client when needed.
Your data may be used by Picture Photography Studio in order to advise you of products, services and special promotions. We may contact you by post, telephone, SMS text message, email or via social media messages. Your personal details will never be given and/or sold onto third parties.
Picture Photography Studio will always retain copyright of your imagery. Anybody found using Picture Photography Studio’s images for commercial use, including competition entries, without gaining written permission first, will be invoiced appropriately.
- b) The client agrees for the photographer to store their images on the photographer’s computer, any external hard drives and online back up storage systems including but not limited to google drive and iCloud.
12) RETURNS POLICY
- a) Incorrectly supplied items can be returned and will be replaced at no extra charge to the Client. Returns will not be considered for incorrectly ordered items or items ordered in error by the Client.
13) COOLING OFF PERIOD
- a) All portraits, books, digital images, albums, frames, prints and any other products once ordered are non-refundable. Orders cannot be cancelled due to the custom nature of the products. Orders are made to the Client’s personal specification, (i.e. image number, print size, frame style, etc.), and therefore the Client does not have the right to a cooling off period. By placing an order with Picture Photography Studio you are committing to buy the ordered products.
14) IMAGE RETENTION
- a) Picture Photography Studio reserves the right and may choose to delete all non-purchased images after you have made your order.
- a) There is no guarantee that any particular number of proofs will be produced. Proofs will be available for your viewing and order session appointment within 1-4 weeks of the session. As creative artists, Picture Photography Studio will usually aim to select at least 20-30 images for your preview gallery. Picture Photography Studio is not obligated to provide the client with any images that are not already presented to them. Client is responsible for viewing their images in a timely manner. In the unlikely event that images remain un-viewed for eight weeks or more after the photo session, Picture Photography Studio reserves the right to delete all images from the session without further correspondence being entered into. For all orders, payment is due in full at time of order. No orders are placed unless they are fully paid for. All portrait orders, once placed, are final and cannot be changed or refunded for any reason.
16) PHOTOGRAPHY AND VIDEOGRAPHY BY CLIENT
- a) Cameras, mobile phone cameras and camcorders or any other recording devices and equipment are not permitted during any session to take photos or video of the set up and/or the child on their own.
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.
18) VIEWING APPOINTMENTS
Your viewing appointment is a fundamental element of your experience and therefore the same policy applies to viewing sessions as to photoshoots.
We offer one viewing session per experience at a time of mutual convenience in our viewing room. It is your responsibility to arrange and attend an appointment within 8 weeks of your shoot.
We do not automatically offer remote viewing or an online ordering service and we cannot accept orders over the phone or email in place of the viewing appointment.
Picture Photography Studios cannot choose imagery for customers, whether complimentary or purchased.
Viewing your photos on the same day as your shoot may be prearranged when asked for at time of booking, subject to staffing and availability. For further information, please call 01633 877699.
The client who booked the appointment and paid the booking deposit must be present at the viewing appointment as should all adult attendees and the parents of those under 21 years. Additional persons, eg Grandparents, wishing to attend the viewing appointment are welcome but we ask that notice is provided of any larger group numbers beforehand.
Should a second viewing appointment be requested for any reason(s) then a second booking deposit equivalent to the first booking deposit is required, and this will be refundable ONLY against purchases made at the second viewing appointment and subject to the minimum order amount for that session.
You are under no obligation to purchase prints, images or any products from your photo shoot experience and we operate a ‘No Hard Sell’ policy.
Your viewing appointment is your only opportunity to order, so we kindly ask that you arrange a time that is convenient for all interested parties.
Payment of any and all orders placed at the viewing appointment is required in FULL at that time.
Payment Plans are available for orders over £300 and require a 25% non-refundable deposit at your viewing session and are subject to additional terms and conditions – please call 01633 877699 for further information.
Please note that due to the bespoke nature of our products, all orders once placed are non-cancellable and the 25% deposit paid to secure your payment plan is non-refundable and cannot be used to purchase photographs from either a previous or future session.
Due to the personalised nature of the product, all photographic goods purchased directly from Picture Photography Studio using the standard ordering process are exempt from the statutory right to cancellation within seven working days.
All orders can take up to 8 weeks to complete and these must be collected from the studio.
Due to the nature of photography of the personalised imagery we are unable to send products out by post.
20) Late Arrivals and No Show’s
If you fail to attend your appointment or do not complete your entire experience, photo shoot and viewing session then your booking deposit will be forfeit.
After a “No Show”, you may be able to book another appointment with a new booking deposit at Picture Photography Studio’s discretion.
If you arrive after your allocated appointment time, you may receive a shortened experience with us at our discretion.
Should you arrive more than 15 minutes late for your appointment (shoot and/or viewing), you will forfeit your booking deposit.
21) Gift Vouchers
If your experience was purchased from a third party company, additional Terms and Conditions may apply.
We only accept one voucher per family or household per year. If you have multiple vouchers, please call Picture Photography Studio on 01633 877699 to discuss your options.
Where multiple vouchers are held and include the same photo session, eg newborn baby, only one experience may be used per family or household.
When a gift voucher offers multiple experiences, Picture Photography Studio reserves the right to refuse acceptance of the voucher where the entirety of the experiences cannot occur. As an example, it is not acceptable for a Baby’s First Year gift voucher to be purchased with the intention of only using one or two of the included photo sessions, instead of attending all three photo sessions in a timely manner as stated on the voucher. For example, the voucher will NOT be accepted solely for first birthday cake smash photoshoot.
When using a voucher, it is your responsibility to ensure you book an appointment before it expires. If you are unsure of the expiry date of your voucher, please call Picture Photography Studio on 01633 877699.
We reserve the right to require a non-refundable deposit when accepting vouchers outside of their terms and conditions or expiry.
Vouchers purchased from a third party are not the responsibility of Picture Photography Studio.
A gift voucher may not be used in conjunction with any other discount or offer; it is not redeemable for cash or goods and may only be used as described.
Gift vouchers may not be used to purchase photographs from a previous studio session.
22). HEALTH & SAFETY
Any allergies whether known or not, and in consequence any allergic reactions, are the responsibility of the client(s), and/or the parent or guardian of anyone under the age of eighteen, and under these terms and conditions it is acknowledged by said person(s) that they accept and undertake complete and irrevocable liability for any such occurrences or events, howsoever they occur.
Picture Photography Studio will not be responsible or held liable for any accidents or injuries caused to individuals participating or attending the photoshoot or any other appointment, whether booked at the studio or on location, and responsibility for their own welfare and safety remains entirely with each individual client, and in the case of anyone under the age of eighteen this responsibility is accepted by the parent(s) and/or guardian(s). Where applicable, the parent(s) and/or guardian(s) of anyone under the age of eighteen explicitly agree, under these terms and conditions, to indemnify Picture Photography Studio, it’s owners, agents and employees from any responsibility or liability for any such accidents or injuries howsoever caused or occurred.
All Client(s) and participants, and in the case of anyone under the age of eighteen their parent(s) and/or guardian(s) accept full responsibility for any damage caused by them to any property or equipment belonging to Picture Photography Studio, and that person(s) responsible agree to pay the costs for replacing damaged or broken equipment or carrying out repairs.
23) . GENERAL
All bookings are at the discretion of Picture Photography Studio; we reserve the right to refuse a booking from anyone whose behaviour or manner is offensive or aggressive towards our staff or for any other reason.
We reserve the right to deny or cut short a client’s experience if we feel that their behaviour, presentation or hygiene may compromise the experience for other clients or our staff.
No photographs or videos may be taken on the premises at any time. We reserve the right to eject anyone we believe to be taking photos or videos on any device, including mobile phones, and this will invalidate any vouchers or deposits you have on your account.
Although we endeavour to work to schedule owing to the nature of the experiences we provide, we cannot guarantee accurate appointment times.
Any complimentary print(s) that may be included with a specific promotion or gift voucher will be branded with the studio logo unless additional purchases are made. In any event, it is illegal to make copies of any printed photographs supplied by Picture Photography Studios by means of scanning, photocopying or camera images being taken. This applies whether the digital files have been purchased or not, the reason being that to do so would result in the display of our work at a greatly reduced quality standard and not be representative of our company.